Case Summary (G.R. No. 142500)
Key Dates
- Crime Period: September 8, 1990, to January 12, 1991.
- Initial Decision by Trial Court: February 19, 1994.
- Appeal Decision by Court of Appeals: Certified to the Supreme Court.
Applicable Law
The case was adjudicated under the 1987 Philippine Constitution and the Revised Penal Code, particularly focusing on the provisions regarding the crime of rape. Article 335 defines rape and the corresponding penalties.
Procedural Posture
The initial trial court found the accused guilty of frustrated rape in one of the four charges filed against him and acquitted him in the remaining three. The Court of Appeals subsequently classified the crime as consummated rape, imposing a heavier sentence of reclusion perpetua.
Factual Background
The prosecution presented four informations for rape against the accused involving Fritzie Aca-ac. The allegations involved the accused using deceit to lure Fritzie to different locations, where he would engage in sexual acts with her despite her being a minor and without consent, given her age (below twelve years).
Evidence Presented by the Prosecution
Five key witnesses supported the prosecution's case:
- Fritzie Aca-ac testified about four incidents of sexual abuse, detailing how the accused manipulated her into situations that led to the assaults.
- Felipa Aca-ac, Fritzie's mother, testified about her daughter revealing the rapes and the subsequent medical examination.
- Algerico Lonio, a classmate, recounted witnessing one incident of rape, describing the actions of the accused.
- Dr. Stella Maris J. Amora, a physician, stated that while there were no visible lacerations, penetration could still occur without visible injury.
- Esteban Dagandan, rebuttal witness, described attempts by the accused to negotiate a settlement.
Defense Claims
The defense argued that Fritzie's mother orchestrated the charges in retaliation for personal grievances against the accused, claiming the allegations were fabricated to extort money. Decoroso Aca-ac denied the acts, citing health and age-related claims of impotence.
Trial Court's Decision
The trial court convicted the accused of frustrated rape based on a lack of evidence of complete penetration, as determined by the medical examination results. It sentenced him to an indeterminate penalty of 12 years and one day to 17 years and four months of imprisonment, ordering damages for moral and exemplary purposes.
Court of Appeals Ruling
The Court of Appeals disagreed with the trial court's classification of the crime, stating that as soon as there was any penetration, there was consummation of the crime of rape, regardless of the extent of injury to the victim. It thus reversed the conviction for frustrated rape, convicting the appellant of consummated rape and imposing reclusion perpetua.
Judicial Reasoning
- Definition of Rape: The Supreme Court clarified that rape is consummated once there is carnal knowledge, which does not require complete penetration but merely an entry of the male organ into any part of the female genitalia, such as the labia.
- Credibility of Witnesses: The testimonies of the victim and the witnesses were deemed credible, with emphasis on the psychological barriers faced by child victims, particularly the threats made by the accused that inhibited the victim's prompt reporting of the crime.
- Denial vs. Positive Identification: The accused's denial was insufficient aga
Case Syllabus (G.R. No. 142500)
Case Overview
- The case involves an appeal from the decision of the Regional Trial Court, Branch 4, City of Tagbilaran, which found accused-appellant Decoroso Aca-ac y Cespon guilty of frustrated rape and sentenced him to an indeterminate penalty of imprisonment from twelve (12) years of prision mayor to seventeen (17) years, four (4) months, and one (1) day of reclusion temporal, along with accessory penalties and damages to the complainant, Fritzie Aca-ac.
- The case was originally taken to the Court of Appeals, which ruled that the accused-appellant was guilty of consummated rape and sentenced him to reclusion perpetua.
Background of the Case
- Four informations for rape were filed against the accused-appellant based on the complaints of the minor Fritzie Aca-ac, who was below twelve years old at the time of the incidents.
- The incidents occurred between September 8, 1990, and January 12, 1991, in Barangay Villalimpia, Municipality of Loay, Province of Bohol, Philippines.
- The accused allegedly lured the victim to various locations under false pretenses and engaged in sexual acts without her consent.
Key Testimonies and Evidence
- Complainant's Testimony:
- Fritzie Aca-ac testified about being lured by the accused, who then sexually assaulted her on multiple occasions.
- Detailed accounts of the specific incidents were provided, including physical acts and threats made by the accused.
- Witnesses:
- Felipa Aca-ac (Mother): Learned of the rapes from a classmate of Fritzie and confirmed that the accused had offered money as a settlement.
- Algeric