Case Summary (G.R. No. 166401)
Facts
Between 1994 and 2000, Alfredo Bon allegedly repeatedly raped his nieces, AAA (first abuse at age six) and BBB (first abuse at age ten), on separate occasions at the grandmother’s house and an outdoor clearing. Both victims delayed disclosure due to threats of violence. AAA first revealed the abuse in June 2000; BBB disclosed in mid-June 2000.
Victims’ Testimony
AAA and BBB each identified their uncle in open court. AAA recounted four incidents of forced sexual intercourse with threats of violence; BBB testified to multiple rapes under threat of a knife. Documentary evidence included birth certificates (establishing minority) and medical certificates indicating hymenal lacerations consistent with repeated penetration in BBB’s case.
Mother’s Testimony and Medical Evidence
Their mother, CCC, confirmed late June 2000 reporting and medical examinations. Dr. Tullas testified that BBB’s examination revealed signs of past penetration; AAA’s intact hymen did not preclude penetration due to elasticity.
Defense Case
Appellant offered a general denial and alibi, claiming residence at his sister’s house two kilometers away at the time of the last alleged rape. He attributed allegations to family grudge.
Lower Court Rulings
• Regional Trial Court: Convicted on all eight counts, imposing eight death sentences.
• Court of Appeals: Affirmed six death sentences; downgraded two counts (Criminal Cases Nos. 6906-G and 6908-G) to attempted rape due to lack of proof of even slight penetration, reducing those sentences to prision mayor (10–17 years, 4 months).
Sentencing Issue and Legal Framework
Under the Revised Penal Code (Art. 51), attempted felonies carry a penalty two degrees lower than that for consummated offenses. Before R.A. 9346, qualified rape of a minor by a relative within the third degree was punishable by death (Art. 266-B). Article 71’s graduated scale (Death → Reclusion perpetua → Reclusion temporal → …). Two degrees below death is Reclusion temporal.
Effect of R.A. 9346 on Penalties
R.A. 9346 abolished the death penalty and substituted Reclusion perpetua in its place. The Supreme Court held that the statute also eliminated “death” from Article 71’s scale so that every penalty is re-graduated without referencing death. Consequently, attempted qualified rape—which under Art. 51 must be punished two degrees lower than Reclusion perpetua—now falls within the scale of prision mayor.
Supreme Court Holding
- The convictions for six counts of rape and two counts of attempted rape are affirmed.
- Six death sentences are reduced
Case Syllabus (G.R. No. 166401)
Facts of the Case
- From August 2000 to February 2001, eight Informations were filed against Alfredo Bon, his nieces AAA and BBB the alleged victims.
- The rapes spanned six years, from 1994 to January 2000, at the grandmother’s house and an outdoor clearing in Gumaca, Quezon.
- AAA first molested at age six, threatened with death if she spoke, and endured four separate incidents of sexual abuse.
- BBB first raped at age ten under threat of a knife, suffered repeated assaults through 1999, and a final assault on 15 January 2000.
- Both victims delayed reporting due to threats of killing them or their family; they finally disclosed in June 2000.
- Their mother, CCC, upon learning of the abuse, had them examined, confirmed sexual penetration in BBB’s case, and filed charges against Bon.
Prosecution Evidence
- AAA and BBB positively identified Bon in open court on multiple occasions.
- Documentary proof: birth certificates establishing minority; medical certificates by Dr. Purita T. Tullas showing hymenal lacerations and labial gaping in BBB, and possible elastic hymen in AAA.
- Dr. Tullas concluded repeated penile penetration of BBB’s vagina; AAA’s intact hymen could still be consistent with penetration.
- CCC testified to delay in disclosure, threats by the accused, prompt reporting once informed, and impact on family dynamics.
Defense Evidence
- Bon testified alone, denying all charges and presenting an alibi for 15 January 2000: he claimed he was at his sister’s house two kilometers away from the scene from 11:30 a.m. until the following morning.
- He asserted a smooth relationship with his nieces, suggesting the case was instigated by CCC’s ill will toward his deceased father.
- No other alibi or counter‐evidence offered; denial and alibi deemed negative defenses.
Trial Court Ruling
- The Regional Trial Court convicted Bon of eight counts of rape, imposing eight death sentences.
- It found the nieces’ testimonies clear, consistent, and credible; applied qualifying circumstances of the victims’ minority and consanguinity.
- Rejected denial and alibi as intrinsically weak, held no ill motive by complainants shown.
- Records elevated to the Supreme Court but, after People v. Mateo, transferred to the Court of Appeals for final disposition.
Court of Appeals Ruling
- Affirmed six of the eight death sentences for consummated qualified rape.
- Down-graded two counts (Criminal Cases Nos. 6906-G and 6908-