Case Summary (G.R. No. 217024)
Applicable Law
The legal basis for the crime in question is Article 266-A and Article 266-B of the Revised Penal Code, as amended by Republic Act No. 8353. The revised law differentiates between traditional carnal knowledge and acts of sexual assault.
Facts of the Case
On April 13, 2007, Rodel Bolo y Maldo was charged with rape by sexual assault for allegedly inserting his finger into the vagina of his daughter, AAA, against her will. The charge arose from an incident on April 9, 2007, where AAA testified that appellant kissed her on the neck and assaulted her while she was at her aunt's house.
Trial Proceedings
During the trial, the prosecution presented testimonies from AAA, a medico-legal officer, and a police officer. AAA's testimony was explicit about the event, stating that the appellant caused her pain during the assault. The medico-legal officer conducted an examination but found no injuries, explaining the absence of trauma due to the elasticity of a child's hymen. In contrast, the defense, led by Rodel Bolo, offered only a denial of the charges, claiming he was intoxicated with friends during the alleged incident.
Lower Court Decisions
On December 7, 2011, the Regional Trial Court (RTC) convicted Rodel Bolo y Maldo of rape and imposed a sentence of reclusion perpetua, alongside mandatory damages for AAA. The court found AAA's testimony credible despite the lack of physical evidence of injury, as full penetration is not a requisite for a conviction of rape.
Appeals Court Ruling
On March 12, 2014, the Court of Appeals (CA) upheld the RTC’s decision but modified the penalty to an indeterminate sentence of 12 years and a day of prision mayor to 20 years of reclusion temporal. The CA emphasized that hymenal rupture is not essential for a conviction of rape by sexual assault and affirmed the findings that the crime's essential elements were present.
Defendants' Arguments on Appeal
The appellant raised several points on appeal, including alleged defects in the Information, insufficient proof of the elements of the crime, and failure to establish his daughter’s age reliably. The CA, however, found the Information sufficient, stating it adequately informed the accused of the charges against him. It also maintained that the absence of specific details regarding the exact time and place did not detract from the prosecution's case.
Relationship and Minority as Aggravating Factors
The CA addressed the qualifying circumstances of appellant's relationship to AAA and her minority. While the prosecution did not provide AAA's birth
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Case Background
- The case revolves around Rodel Bolo y Maldo, who was charged with the crime of rape by sexual assault against his 4-year-old daughter, referred to as AAA.
- The charge was based on an Information dated April 13, 2007, alleging that on April 9, 2007, in Quezon City, the accused forcibly inserted his finger into the vagina of his minor daughter against her will and without her consent.
- The Regional Trial Court (RTC) found him guilty beyond reasonable doubt and sentenced him to reclusion perpetua, along with financial penalties for civil indemnity, moral damages, and exemplary damages.
Procedural History
- The RTC rendered its decision on December 7, 2011, affirming the prosecution's evidence and the victim's testimony.
- The accused appealed the decision to the Court of Appeals (CA), which affirmed the RTC's ruling with modifications concerning the penalty and amount of damages awarded.
Facts of the Case
- The victim, AAA, testified that while at her maternal aunt's house, the accused kissed her and then inserted his finger into her vagina, causing her pain. She reported the incident to her grandmother, leading to a police report.
- The Medico-Legal Officer, Police S/Insp. Dr. Marianne S. Ebdane, conducted an examination of AAA and noted no injuries but explained that penetration could have occurred without visible injury due to the elasticity of a child's hymen.