Case Digest (G.R. No. 230981)
Facts:
People of the Philippines v. XXX, G.R. No. 230981, July 15, 2020, Supreme Court Second Division, Inting, J., writing for the Court.
The accused-appellant, XXX, was criminally charged in two informations: Criminal Case No. 2011-440 for violation of Section 5(b) of Republic Act No. 7610 (child abuse/lascivious conduct) and Criminal Case No. 2011-441 for rape under Article 266-A, in relation to Article 266-B of the Revised Penal Code (RPC), as amended. The alleged victim is identified in the record as AAA, the accused's step-daughter. On arraignment (January 20, 2012) the accused pleaded not guilty to both charges.
At trial the prosecution presented AAA (the victim), Dr. Julieta S. Masorong (physician), PO1 Marie Regie A. Pinonia (police officer), and psychologist Myrna D. Villanueva. AAA testified that beginning at about age 12 the accused sexually abused her on multiple occasions while her mother was away selling puto; she described instances of vaginal intercourse, oral copulation, anal penetration, and manual touching. AAA testified she did not report the acts earlier because the accused threatened to kill her. The medical Living Case Report showed old, healed hymenal lacerations at the five and nine o’clock positions; the psychologist found anxiety and symptoms consistent with sexual abuse.
The accused denied the allegations, claiming he disciplined AAA for stealing and that other family members (the accused’s mother, CCC, and AAA’s mother, BBB) were always present at home. BBB and CCC testified that they had not witnessed the sexual abuses and that AAA was sometimes disciplined for misbehavior.
The Regional Trial Court (Branch 22) rendered a Joint Decision on July 4, 2014, convicting the accused: guilty of child abuse under Section 5(b), RA 7610 (Crim. Case No. 2011-440) with an indeterminate sentence, and guilty of rape under Article 266-A (Crim. Case No. 2011-441) with reclusion perpetua; it awarded civil, moral and exemplary damages. The Court of Appeals (CA) affirmed in toto in its October 27, 2016 Decision in CA-G.R. CR-HC No. 01331-MIN.
The accused appealed to the Supreme Court (notice of appeal appears in the record). Before the Court, the accused relied on the same arguments raised below, principally that AAA’...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that accused-appellant XXX committed Qualified Rape in Criminal Case No. 2011-441?
- Did the prosecution prove beyond reasonable doubt that accused-appellant XXX committed sexual abuse / lascivious conduct under Section 5(b) of RA 7610 in Criminal Case No. 2011-440, and were the penalties...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)