Case Summary (G.R. No. 193666)
Legal Proceedings
The accused-appellant was charged with two counts of rape under the Revised Penal Code, specifically in Criminal Case No. Q-03-119452, relating to acts committed between August 27, 1996, and August 27, 1997, and in Criminal Case No. Q-03-119453, related to acts committed in November 2000. The trial court found him guilty on both counts, sentencing him to reclusion perpetua for each count.
Evidence Presented
The prosecution established that the accused used grave abuse of authority in committing sexual acts against Nene, including rubbing his genitals against hers and using oral contact. Medical examinations indicated that no physical injuries were present, but penetration is not a requisite element for the commission of rape under the local law, particularly when the victim is a minor, as defined by Article 266-A of the Revised Penal Code.
Defense Arguments
The accused-appellant denied the charges, alleging inconsistencies in Nene’s testimony. He contended that discrepancies regarding Nene's age and the circumstances of the alleged incidents raised reasonable doubt about the allegations against him. He further pointed out that the medical examination did not indicate any signs of injury, which he argued should weaken the prosecution's case.
Court of Appeals Ruling
In a decision dated April 23, 2010, the Court of Appeals upheld the trial court's decision, finding that the trial court correctly evaluated the credibility of Nene's testimony despite the minor inconsistencies. The appellate court ruled that the accused committed sexual assault, therefore affirming his conviction but modifying the award of damages.
Legal Analysis of Rulings
Upon further review, it was determined that the trial court's conviction of the accused-appellant for qualified rape by sexual intercourse was erroneous, as Nene’s testimony did not establish penetration but rather described acts of sexual assault. The acts alleged in Nene's testimonies amounted to sexual assault under Article 266-A(2) of the Revised Penal Code.
Modifications to Penalties
As a consequence of these findings, the modification of convictions was warranted:
- For Criminal Case No. Q-03-119452, the verdict was amended to qualified rape by sexual assault, meriting a sentence of reclusion temporal, with specific durations imposed based on the absence of aggravating or mitigating circumstances.
- In Criminal Case No. Q-03-119453, the charge was reduced to attempted rape due to lack of penetration, leading to the imposition of a sentence of prision mayor.
Case Syllabus (G.R. No. 193666)
Case Background
- This case arises from an appeal filed by accused-appellant Marlon Castillo y Valencia against the Decision dated April 23, 2010, of the Court of Appeals.
- The Court of Appeals affirmed, with modifications regarding damages, the Decision dated April 11, 2007, of the Regional Trial Court (RTC) of Quezon City, Branch 86.
- The RTC found Castillo guilty of two counts of rape committed against his daughter, Nene, who was 12 years old at the time of the second incident.
Charges and Allegations
Criminal Case No. Q-03-119452:
- The offense occurred between August 27, 1996, and August 27, 1997.
- Nene, then six years old, was subjected to sexual assault including rubbing Castillo's penis on her labia, licking her vagina and breasts, and inserting his finger into her vagina without consent and against her will.
Criminal Case No. Q-03-119453:
- The incident took place in November 2000 when Nene was 12 years old.
- Castillo again committed sexual assault by mashing her breast, licking her vagina and breasts, and rubbing his penis against her vagina, also without consent and against her will.
Trial Proceedings
- Castillo pleaded not guilty upon arraignment, and a pre-trial followed by a full trial ensued.
- The prosecution presented evidence, including Nene's testimony detailing the abuse, which began when she was six years old.
- Nene described instances of resistance to her father's advances, threats of violence, and ultimately confiding in her mother about the abuse.
Medical Examination Findings
- Nene underwent a medica