Case Digest (G.R. No. 233867)
Facts:
In G.R. No. 233867, decided on February 28, 2022 under the 1987 Constitution, the People of the Philippines (Plaintiff-Appellee) charged XXX (Accused-Appellant) with two counts of Rape through sexual assault under paragraph 2, Article 266-A of the Revised Penal Code (RPC), as amended by Republic Act No. 8353, in relation to RA 7610, in Criminal Cases Nos. 06-809 and 07-146, and one count of Rape through sexual intercourse under paragraph 1, Article 266-A of the RPC, as amended, in relation to RA 7610, in Criminal Case No. 07-147. The incidents occurred in August and September 2006 at the residence of AAA’s family in xxxxxxxxxxx City. AAA, a fourteen-year-old minor, testified that on the nights of August 23 and 26, 2006, the accused—her stay-in family driver—entered her locked room at around 2:00 a.m., covered her mouth, kissed her neck and lips, mashed her breasts, inserted his finger into her vagina, and, on the second occasion, removed her pants and underwear to have carnal knCase Digest (G.R. No. 233867)
Facts:
- Parties and Procedural Posture
- Plaintiff-Appellee: People of the Philippines; Accused-Appellant: XXX.
- Charged with two counts of rape through sexual assault (Art. 266-A(2), RPC, as amended by RA 8353, in relation to RA 7610) and one count of rape through sexual intercourse (Art. 266-A(1), RPC, as amended, in relation to RA 7610) in Criminal Case Nos. 06-809, 07-146, and 07-147.
- RTC Branch 207 consolidated the cases and, in a Joint Decision dated November 5, 2014, found appellant guilty beyond reasonable doubt.
- CA affirmed with modification of damages and fines in its Decision of March 30, 2017 (CA-G.R. CR-H.C. No. 07147).
- Underlying Incidents and Testimonies
- Victim AAA, aged 14, alleged three assaults by appellant between August 23 and September 2, 2006, each in AAA’s bedroom in xxxxxxxxxxx City.
- August 23 (Case 07-146): appellant entered at ~2 a.m., covered AAA’s mouth, kissed and molested her breasts, inserted finger into her vagina, then threatened her.
- August 26 (Case 07-147): appellant again covered AAA’s mouth, removed her clothing, had penile intercourse for 5–10 minutes, threatened her thereafter.
- September 2 (Case 06-809): appellant locked the door, kissed AAA, mashed her breasts, inserted his finger into her vagina; discovered by nursemaid CCC.
- Medico-legal examination by PSI Ebdane revealed deep healed lacerations at 5 and 7 o’clock positions on the hymen.
- Defense Version and Lower Court Rulings
- Appellant denied all charges, claiming alibi for first two incidents and benign medical check for the third.
- RTC credited AAA’s and CCC’s testimonies, disbelieved appellant’s denial, and found all elements of the offenses proven.
- CA upheld the convictions, emphasizing that sole credible testimony of victim and medico-legal findings sufficed; modified indemnities and fines.
Issues:
- Whether appellant’s conviction for two counts of rape through sexual assault and one count of rape through sexual intercourse is proper.
- Whether the nomenclature of offenses and the penalties and damages imposed conform to applicable laws (RPC Art. 266-A, RA 8353, RA 7610, and related jurisprudence).
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)