G.R. No. 122485 - People vs. Mahinay y Amparado

XXX, the common-law spouse of BBB, was charged in six separate informations for four counts of acts of lasciviousness, one count each of attempted rape, and consummated rape against AAA, the child of BBB.
The accused was alleged to have taken advantage of his authority, influence, and moral ascendancy as BBB’s live-in partner in committing the offenses when AAA was between 14 and 17 years old.
The incidents occurred between September 1996 and August 1999 in Sorsogon, Philippines.

The identities of the accused and the victim were stipulated.
BBB was AAA’s mother and the common-law wife of XXX since 1995.
They all lived together in one house in Sorsogon from 1995.
No medical certificate was presented for the victim.
The prosecution presented AAA, her sister CCC, and their counsel Atty. Roberto Labitag as witnesses. The defense presented XXX, Cosme Ibarientos Jr. (AAA’s boyfriend at the time) and BBB.

AAA, then a police officer, recounted multiple incidents of sexual abuse starting from age 14, involving kissing, fondling, and attempted and consummated rape by XXX.
XXX used his position as spiritual leader and common-law spouse to intimidate AAA into silence, threatening spiritual retribution and social shame.
The full consummated rape occurred in August 1999 during a “healing session” at the behest of XXX and with the mother’s knowledge.
AAA did not immediately report the abuse due to fear and shame; she confided years later after discovering that her sister CCC had been similarly molested.

XXX denied all allegations and argued the impossibility of committing the crimes unnoticed given the community setting and many houses nearby.
He claimed that the grandmother asked for withdrawal of the charges with conditions and that he left Sorsogon due to death threats.
Cosme testified on his relationship with AAA and said she never complained about XXX during their relationship.
BBB admitted cohabitation with XXX but only learned about the abuse allegations years later, denying noticing anything suspicious.

XXX was found guilty beyond reasonable doubt of one count of consummated rape and five counts of acts of lasciviousness.
For the rape, XXX was sentenced to reclusion perpetua. For acts of lasciviousness, he was sentenced to an indeterminate penalty ranging from six months to six years imprisonment for each count.
Awarded damages totaled Php 75,000.00 each for civil indemnity, moral, and exemplary damages per count.
The Court gave great weight to AAA’s clear, candid, and emotional testimony over XXX’s denial.

The conviction for rape and the award of damages were affirmed, with legal interest applied on all awards.
The nomenclature of the five counts of acts of lasciviousness was modified to “lascivious conduct” under Section 5(b) of RA 7610, with the penalty updated to 10 years and 1 day to 17 years, 4 months, and 1 day imprisonment.
The Court found that XXX’s moral ascendancy was used to commit rape and lascivious conduct; AAA’s testimony was credible and consistent.
The conviction for attempted rape was upheld as lascivious conduct due to variance doctrine.

The Court required supplemental briefs after receiving records and confirmed XXX’s confinement.
Both parties adopted their respective submissions from the Court of Appeals.
The sole issue was revisited whether XXX was guilty beyond reasonable doubt of qualified rape and five counts of lascivious conduct.

Five counts of lascivious conduct under Section 5(b) of Republic Act No. 7610; and
One count of rape (qualified rape) committed against AAA, a minor and the child of XXX’s common-law spouse.