Case Digest (G.R. No. 205888)
Facts:
People of the Philippines v. XXX, G.R. No. 205888, August 22, 2018, the Supreme Court Second Division, Caguioa, J., writing for the Court.The accused-appellant, XXX, was charged in five separate Informations filed in the Regional Trial Court (RTC) of Bais City (Criminal Case Nos. F-02-03-A; F-02-01-A; F-2001-171-A; F-02-02-A; F-2001-170-A) for one count of Attempted Rape and four counts of Rape allegedly perpetrated against his daughter, identified in the records by the pseudonym AAA. Upon arraignment XXX pleaded not guilty and trial on the merits followed.
During trial, AAA testified to multiple incidents: an attempted anal penetration on July 18, 1999; a rape on April 8, 2001; and three rapes on the night of April 15, 2001 (at about 7:00 p.m., 9:00 p.m., and midnight). She related threats by her father to silence her. On January 4, 2003, AAA died before she could be cross‑examined. At a hearing on January 20, 2003 the prosecution informed the court of her death, and on May 15, 2003 the DSWD social worker presented her death certificate. The defense moved to expunge AAA’s direct testimony for lack of cross‑examination, and the RTC ordered the expungement.
Notwithstanding the expungement, the prosecution presented other witnesses: EEE (the victim’s aunt) and Gelmie Calug (a co‑worker) who testified about statements made by AAA after the alleged rapes, and medical findings consistent with sexual assault. The RTC found XXX guilty of three counts of rape corresponding to the incidents of April 15, 2001, and acquitted him of the April 8, 2001 rape and the July 18, 1999 attempted rape, sentencing him to reclusion perpetua for each of the three convictions and awarding damages. The RTC declined to recognize the special qualifying circumstance of filiation for lack of competent proof.
XXX appealed to the Court of Appeals (CA) by Notice of Appeal dated February 28, 2005. The CA (Nineteenth Division, Cebu City) affirmed the RTC dec...(Pro-only)
Issues:
- Whether the trial could continue and the expungement of AAA’s direct testimony was appropriate in light of AAA’s death and the accused’s constitutional right to confront witnesses.
- Whether the out‑of‑court statements of AAA offered through EEE and Calug are admissible as part of the res gestae and, together with other evidence, suffice to prove XXX’s guilt beyond reasonable doubt for the three counts of rape on April 15, 2001.
- Whether XXX’s defenses...(Pro-only)
Ruling:
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Ratio:
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Doctrine:
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