Case Digest (G.R. No. 265439)
Facts:
In People of the Philippines vs. XXX265439 (G.R. No. 265439, November 13, 2023), the accused-appellant, a then 17-year-old uncle, was charged in three separate Informations (Criminal Case Nos. 11081-G to 11083-G, all dated June 16, 2010) with qualified statutory rape under Articles 266-A(1)(d) and 266-B of the Revised Penal Code in relation to Republic Act No. 7610. It was alleged that on February 18 and 19, 2010 at around 4:00 p.m. in a barangay in Quezon Province, he willfully and feloniously had carnal knowledge of his niece, AAA265439, then 9 years old, by inserting his penis into her vagina against her will. At arraignment, XXX265439 pleaded not guilty. During trial, the prosecution presented the testimonies of the victim, her mother BBB265439, Barangay Captain CCC265439, a social worker, and a physician who certified a hymenal laceration. The defense offered only the accused’s denial and alleged prior physical abuse by BBB265439. By judgment dated August 7, 2018, the RegioCase Digest (G.R. No. 265439)
Facts:
- Antecedents
- On June 16, 2010, three Informations were filed against XXX265439 for qualified statutory rape under Articles 266-A(1)(d) and 266-B of the Revised Penal Code in relation to RA 7610, based on alleged incidents on February 18 and 19, 2010.
- The victim, AAA265439, was a nine-year-old niece of the accused, who was seventeen at the time.
- Trial Proceedings
- Accused pleaded not guilty; prosecution presented AAA265439, her mother BBB265439, Barangay Captain CCC265439, a social worker, and a physician. Defense presented the accused only.
- Prosecution’s evidence included victim’s consistent testimony, her medical examination showing a hymenal laceration, and corroboration by the mother and barangay records. Defense denied the accusations, alleging prior abuse by the victim’s mother and no opportunity for defendant to be alone with the child.
- Lower Court Decisions
- RTC (Aug. 7, 2018): Convicted accused of three counts of rape in relation to RA 7610; applied privileged mitigating circumstance of minority; imposed medium period of reclusion temporal for each count; awarded PHP 100,000 civil indemnity, PHP 100,000 moral damages, and PHP 30,000 exemplary damages per count.
- CA (July 9, 2021): Affirmed conviction but modified penalty to reclusion perpetua for each count; reduced all damages to PHP 75,000 each; imposed 6% interest.
Issues:
- Whether XXX265439 is guilty beyond reasonable doubt of three counts of qualified statutory rape?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)