Case Digest (G.R. No. 262520)
Facts:
People of the Philippines v. XXX, G.R. No. 262520, November 13, 2023, the Supreme Court Second Division, Leonen, SAJ., writing for the Court.The accused-appellant, XXX, was charged in six separate Informations with four counts of acts of lasciviousness (Crim. Cases Nos. 2445–2448), one count of attempted rape (Crim. Case No. 2450), and one count of consummated rape (Crim. Case No. 2449) for acts allegedly committed against AAA, the child of his common-law wife. The Informations alleged that the victim was 14 years old in the earlier incidents and 17 years old in the 1999 incidents, and repeatedly described XXX as the live-in partner (common-law spouse) of AAA’s mother who used his influence and moral ascendancy over the family.
At arraignment on August 6, 2015, XXX pleaded not guilty. During pre-trial the parties stipulated to (a) the identities of accused and victim; (b) that BBB is AAA’s mother and XXX’s common-law wife since 1995; (c) cohabitation by the family since 1995; and (d) absence of a medical certificate for the victim. At trial the prosecution presented AAA, her sister CCC, and counsel Atty. Roberto Labitag; the defense presented XXX, Cosme Ibarientos, Jr., and BBB.
AAA testified to multiple incidents spanning 1996 to 1999: at age 14 XXX kissed her on the mouth and tried to insert his tongue; on October 17–18, 1996 he kissed and fondled her breasts; in early 1999 he fondled her breasts and whispered sexual invitations; on August 2, 1999 he inspected her genitalia with his fingers; and on the night of August 13, 1999, when she was 17, he undressed her and had carnal knowledge of her during a purported “healing session.” AAA explained delayed reporting by fear and the spiritual/moral ascendancy XXX exerted over the family. CCC corroborated similar molestation. The defense denied the accusations and offered alibi/denial evidence and testimony that family members did not complain while cohabiting.
On April 2, 2019, the Regional Trial Court convicted XXX of one count of rape and five counts of acts of lasciviousness, imposing reclusion perpetua for rape and indeterminate shorter terms for the other counts, and awarded damages. The RTC found AAA’s testimony clear, straightforward, and convincing despite the passage of years and noted her emotional demeanor in court.
XXX appealed. On August 24, 2021, the Court of Appeals affirmed with modifications: it upheld the rape conviction and damages in Crim. Case No. 2449 but reclassified the five other convictions (Crim. Cases Nos. 2445–2448 and 2450) as five counts of “lascivious conduct” under Section 5(b) of Republic Act No. 7610, applying this statute and the guidelines in People v. Tulagan, and adjusted penalties and damages accordingly.
This Court received the records, invited supplemental briefs, and noted manifestations by the parties adopting their CA brie...(Subscriber-Only)
Issues:
- Is accused-appellant XXX guilty beyond reasonable doubt of five counts of lascivious conduct under Section 5(b) of Republic Act No. 7610?
- Is accused-appellant XXX guilty beyond reasonable doubt of one count of rape, qualified by his status as the common-law spouse of the victim’s mother under Article 266-A and Article 266-B of the Revised Penal Code as ame...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)