Case Digest (G.R. No. 252898)
Facts:
In People of the Philippines v. William Disipulo y Suriben (G.R. No. 252898, August 31, 2022), the accused-appellant William Disipulo, alias “Struck,” was charged in two consolidated Informations with one count of rape by sexual assault and one count of rape by sexual intercourse under Article 266-A, paragraphs 2 and 1 of the Revised Penal Code, as amended by R.A. No. 8353. The alleged victim (“AAA”) was introduced to Disipulo on August 12, 2013, in a family-run restaurant in Manila, where he portrayed himself as a gay talent manager scouting models for television commercials. He secured AAA’s trust through fraudulent machination by promising to train and videotape her for auditions, massaging and photographing her under the pretext of “model coaching,” and assuring her family of his gay orientation. On August 15, 2013, he lured AAA to Halina Hotel in Manila under the same pretense. Once inside the room, Disipulo allegedly forcibly raped AAA, inserting his penis into her vaginaCase Digest (G.R. No. 252898)
Facts:
- Accusation and charged acts
- In Criminal Case No. 13-299318, William Disipulo y Suriben was charged with rape by sexual assault (Art. 266-A(2), RPC) for bringing AAA to Halina Hotel on August 15, 2013 under the pretext of a VTR, then forcibly kissing her, forcing fellatio, touching and kissing her breasts, masturbating, ejaculating on her face and breasts, photographing her, and inserting his finger into her vagina—all without her consent.
- In Criminal Case No. 13-299319, he was charged with rape by sexual intercourse (Art. 266-A(1), RPC) for inserting his penis into AAA’s vagina under similar circumstances of fraudulent machination, force, threats, and intimidation.
- Circumstances leading to the incident
- On August 12, 2013, Disipulo introduced himself as a talent manager (“Struck”) to AAA (18 years old) and her family at their store, offering modeling opportunities, showing videos, claiming to be gay to allay fears, and massaging her breasts and buttocks under the guise of contouring exercises.
- On August 14, 2013, they communicated via Skype. On August 15, 2013, AAA met him at an LRT station; they ate then proceeded to Halina Hotel where, after he showered, he suddenly forced non-consensual sexual acts as alleged. AAA locked herself in the bathroom but was forced back out, subjected to further assault and video recording under threat of exposure.
- Aftermath, trial and convictions
- Traumatized, AAA reported the incident on August 16, 2013; the police arrested Disipulo at her home. Medical examination showed non-specific gynecologic findings but did not rule out assault.
- The RTC (June 3, 2017) convicted Disipulo of both counts, sentencing him to prision correccional to prision mayor for sexual assault, reclusion perpetua for intercourse, and ordering damages.
- The CA (Aug 23, 2019) affirmed with modification (6% interest on damages) and denied reconsideration (Nov 19, 2019). Disipulo appealed to the Supreme Court, challenging consent, the co-existence of rape modes, and exclusion of video evidence.
Issues:
- Whether Disipulo is guilty beyond reasonable doubt of:
- Rape by sexual intercourse under paragraph 1, Article 266-A of the RPC; and
- Rape by sexual assault under paragraph 2, Article 266-A of the RPC.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)