Case Digest (G.R. No. 225781)
Facts:
People of the Philippines v. XXX, G.R. No. 225781, November 16, 2020, the Supreme Court Third Division, Hernando, J., writing for the Court. The criminal prosecutions arose from two Informations charging accused-appellant XXX with Rape (Criminal Case No. 692-06-P) and Attempted Rape (Criminal Case No. 691-06-P) allegedly committed against AAA, a 14‑year‑old minor, on December 25, 2005 and January 5, 2006 respectively.The Informations alleged, among other facts, that on December 25, 2005 at about 8:00 p.m. at the victim’s residence, accused, armed with a bladed weapon, by force and intimidation had carnal knowledge of the then‑14‑year‑old victim; and that on January 5, 2006 at about 11:00 a.m., accused, armed with a kitchen knife, attempted to force the same victim to submit to sexual intercourse but was prevented by the arrival of the victim’s mother. Upon arraignment the accused pleaded not guilty.
At trial the prosecution presented the victim, her mother BBB, and physician Dr. Ma. Eilyn F. Basco; the defense presented accused as its lone witness. The victim initially testified in court in 2008 describing in detail the December 25, 2005 incident (including removal of garments, insertion of a bladed weapon to the neck, forcible penile‑vaginal penetration, pain and bleeding, and ejaculation) and the January 5, 2006 attempted assault. A medical examination on January 8, 2006 by Dr. Basco documented contusions and a 0.5 cm laceration on the victim’s genitalia. Years later, on November 26, 2013, the victim executed an affidavit of desistance and testified for the defense two days later, claiming she had fabricated the charges at the behest of her mother and denied that the rape occurred. The accused asserted an alibi for December 25, 2005.
The Regional Trial Court (RTC), Branch 38, San Jose City, Nueva Ecija rendered a January 21, 2014 Joint Decision: it acquitted accused in Criminal Case No. 691‑06‑P (attempted rape) but convicted him for Rape in Criminal Case No. 692‑06‑P and sentenced him to reclusion perpetua and ordered payment o...(Pro-only)
Issues:
- Whether the prosecution proved beyond reasonable doubt that accused-appellant is guilty of Rape. ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)