Case Summary (G.R. No. 262846)
Petitioner and Respondent
• Petitioner: XXX262846, appellant challenging convictions
• Respondent: People of the Philippines, appellee
Key Dates
• Alleged incidents: January 2013
• RTC Joint Decision: June 26, 2018
• CA Decision: January 26, 2021
• Supreme Court Decision: February 18, 2025
Applicable Law
• 1987 Philippine Constitution
• Revised Penal Code, Articles 266-A(1), 266-B (rape), Article 287(2) (unjust vexation), Articles 6 and 51 (attempted rape)
• Republic Act No. 8353 (Anti-Rape Law of 1997)
• Indeterminate Sentence Law
Facts
AAA262846, a 16-year-old first-year college student, lived with her father, XXX262846, in Misamis Oriental. In early January 2013, while AAA262846 slept, XXX262846 forcibly kicked her, pulled her hair, covered her mouth, removed her garments, and proceeded to rape her. He threatened to kill her and other family members if she cried out. A second attempt occurred later that month but was thwarted when AAA262846’s bent knee struck her father’s stomach, causing him to desist. AAA262846 eventually reported the incidents in February 2013. Medical examination revealed healed hymenal lacerations indicative of penetration. XXX262846 denied the allegations, asserting alibi and motive of false accusation. Two defense witnesses offered contradictory alibi testimonies.
Procedural History
• RTC (Branch 26, Medina, Misamis Oriental) June 26, 2018 – Convicted XXX262846 of rape (reclusion perpetua; PHP 100,000 each civil indemnity, moral and exemplary damages) and of unjust vexation (30 days arresto menor; PHP 10,000 civil indemnity).
• CA (En Banc) January 26, 2021 – Affirmed RTC decision.
• XXX262846 appealed to the Supreme Court.
Issue
Whether the CA erred in affirming convictions for rape under Article 266-A(1) and for unjust vexation instead of attempted rape.
Supreme Court Ruling
Appeal denied in part and granted in part.
- Rape conviction under Article 266-A(1) – AFFIRMED.
- Unjust vexation conviction – MODIFIED to attempted rape under Article 266-A(1).
Analysis – Rape Conviction
• Elements proven: (a) carnal knowledge of a woman by force and intimidation; (b) moral ascendancy of father over daughter.
• Credibility of AAA262846’s uncontradicted testimony supported by medical findings.
• Aggravating circumstance of filial relationship properly considered; qualifying circumstance of minority not alleged in the Information and thus treated as aggravating only.
• Sentence of reclusion perpetua and awards of PHP 100,000 each for civil indemnity, moral and exemplary damages upheld.
Analysis – Attempted Rape Conviction
• Courts below misapplied spontaneous desistance doctrine. Overt act requirement satisfied by the removal of victim’s garments and father’s attempt to mount her.
• Attempted rape defined as commencement of penetration acts frustrated by causes other than spontaneous desistance.
• By appealing, appellant waived double jeopardy protection, permitting review and reclassification.
• Penalty for attempted rape: indeterminate term of six year
Case Syllabus (G.R. No. 262846)
Facts of the Case
- Victim AAA262846, a 16-year-old first-year college student, resided with her biological father, XXX262846, and younger brother; their mother was an overseas worker in Kuwait since 2004.
- In the first week of January 2013, at around 11:00 p.m., AAA262846 went to sleep; she awoke to pain in her back as her father kicked her.
- XXX262846 pulled her hair, covered her mouth, removed her shorts and underwear, touched her breasts, kissed her neck, and inserted his penis into her vagina, while threatening to kill her and other family members if she made a sound.
- The father then returned to his room and slept; the victim cried and suffered fear, anxiety, and difficulty concentrating in school thereafter.
- In the last week of January 2013 at midnight, AAA262846 again awoke to find her underwear removed and her father, with genitals exposed, attempting to mount her; she bent her knee against his stomach, causing him to desist.
- The following day, when the victim confronted him, XXX262846 threatened her with abandonment and financial ruin.
- Guarded and isolated by her father, the victim could not disclose the incidents until February 10, 2013, when he went to work in Cagayan de Oro; she then confided in friends, her brother, and grandmother, and reported the assault to the police.
- On February 12, 2013, Dr. Analiza B. Bajan examined AAA262846 and documented healed complete and partial hymenal lacerations, concluding that genital penetration had occurred.
Charged Offenses and Informations
- F.C. Crim. Case No. 065-M (2013): Rape under Article 266-A(1) in relation to Article 266-B of the Revised Penal Code as amended by RA 8353; alleged carnal knowledge by force, intimidation, and moral ascendancy (father-daughter).
- F.C. Crim. Case No. 066-M (2013): Attempted rape under Article 266-A in relation to Articles 266-B, 6, and 51 of the RPC, as amended; alleged commencement of rape by force, intimidation, and moral ascendancy, frustrated by non-spontaneous desistance.
Defense and Alibi Evidence
- XXX262846 denied all allegations, testifying that he worked in Cagayan de Oro throughout January 2013 and never returned home; his mother-in-law allegedly cared for the children.
- He claimed AAA262846 bore a grudge for being scolded over her boyfriend.
- Witness YYY262846 testified that