Title
People vs. Monroyo y Mahaguay
Case
G.R. No. 223708
Decision Date
Jun 28, 2017
Accused-appellant, uncle by affinity, convicted of three counts of Acts of Lasciviousness against a 14-year-old niece and Qualified Rape of her 16-year-old sister; penalties and damages modified, appeal denied.
denial
detailed testimonies
medical evidence

Case Summary (G.R. No. 223708)

Factual Background

For the charges of Acts of Lasciviousness against AAA, the prosecution alleged that on August 24, 2003 at around 11:30 in the morning, AAA was alone in her dwelling in Barangay San Isidro, Victoria, Oriental Mindoro when Monroyo, her uncle, arrived. While AAA was cleaning the house, Monroyo allegedly approached her, touched her private organ, and warned her against telling her parents about the incident. The prosecution further alleged that the conduct was repeated on October 13, 2003 at around 3:00 in the afternoon and on October 15, 2003 at around 10:30 in the morning. In the October 13 incident, AAA went out to buy cigarette sticks at Monroyo’s request, returned with the sticks, and resumed cleaning; Monroyo allegedly followed her to the living room and again touched her private organ. In the October 15 incident, AAA allegedly went to Monroyo’s house looking for a cousin named Norton; upon learning he was not home and preparing to leave, Monroyo allegedly touched her private organ.

For the charge of Rape against BBB, the prosecution claimed that on the night of November 18, 2003 at around 11:00 in the evening, BBB, then sixteen years old, was sleeping on a bed with her siblings, AAA and EEE. BBB allegedly woke up because she felt someone touching her breast. She purportedly saw Monroyo sitting on the floor beside the bed. According to BBB, Monroyo instructed her to sit on the floor and told her not to make any noise; he then forced her to lie on the floor, kissed her all over her body, removed her shorts and panty, stood up to remove his own shorts and brief, and thereafter placed himself on top of her, inserted his penis into her private organ, and made thrusting or “push and pull” motions. BBB allegedly cried loudly, while Monroyo covered her mouth with his hand. After satisfying his lust, Monroyo allegedly dressed and threatened to kill BBB and her family if she told anyone. BBB allegedly did not see him again after the incident. In March 2004, BBB allegedly found the courage to tell her mother, prompted by the mother’s observation of BBB’s crying. Dr. Ma. Virginia R. Valdez (Dr. Valdez), the Municipal Health Officer who examined BBB, allegedly found healed hymenal lacerations that could have been caused by a hard object such as an erect penis.

Monroyo denied the accusations and presented a contrary account. He testified that in October 2003 AAA and BBB asked him for money to buy junk food while he was buying cigarettes from a store; when he refused, they allegedly grabbed the belt bag tied around his belt. He claimed he tried to retrieve the bag by tickling them, but the bag ripped. He asserted that he slapped AAA and BBB for destroying the bag and then went home. He stated that he did not know why the cases were filed, but speculated that it may have been due to a familial dispute involving the house he and his wife were residing in with the father of the complainants.

RTC Proceedings and Findings

In a Joint Decision dated November 16, 2011, the RTC found Monroyo guilty beyond reasonable doubt in Crim. Case Nos. C-04-7785, C-04-7786, and C-04-7787 for Acts of Lasciviousness, and imposed for each count a penalty of two months and one day of arresto mayor in its medium period as minimum, to four years and two months of prision correccional in its medium period as maximum. The RTC also ordered Monroyo to pay AAA P50,000.00 as civil indemnity and P25,000.00 each as moral and exemplary damages. In assessing the evidence for these cases, the RTC gave more weight to AAA’s testimony, which it found clear and convincing in narrating the details of each lascivious act. The RTC reasoned that AAA had no ill motive, while Monroyo’s excuses were too shallow and insignificant to justify the fabrication of such allegations.

Separately, in another Decision also dated November 16, 2011, the RTC found Monroyo guilty beyond reasonable doubt in Crim. Case No. C-04-7788 for Rape, and imposed the penalty of reclusion perpetua. It also ordered Monroyo to pay BBB P100,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages. The RTC relied heavily on BBB’s testimony, which it found credible and detailed. It characterized BBB’s youth and immaturity as generally consistent with a truthful account and found her narration corroborated by Dr. Valdez’s medical certificate describing healed hymenal lacerations that could have resulted from an erect penis. The RTC regarded Monroyo’s defense as mere denial. The RTC, however, did not consider the qualifying circumstances of relationship and minority in the rape case because it believed they were not alleged in the Information.

The Parties' Contentions on Appeal

Dissatisfied, Monroyo appealed to the CA, challenging his convictions. The CA sustained the trial court’s findings on credibility and concluded that Monroyo’s appeal lacked merit. Notably, while Monroyo raised issues regarding the attendant circumstances in the rape charge, the CA did not discuss the circumstances of relationship and minority in the portion of its Decision addressing the rape case.

Ruling of the Court of Appeals

In its Decision dated May 27, 2015, the CA affirmed Monroyo’s convictions. The CA held that the RTC’s findings on the credibility of the witnesses and the testimonies deserved the highest respect absent a showing that the trial court overlooked, misunderstood, or misapplied material facts. It also ruled that any minor inconsistencies in AAA and BBB’s testimonies did not relate to the essential elements of the crimes, and therefore did not justify reversal. The CA’s treatment effectively left undisturbed the convictions for both the acts of lasciviousness and the rape case as determined by the RTC.

Issues for Supreme Court Review

The Supreme Court framed the main issue as whether Monroyo’s conviction for three (3) counts of Acts of Lasciviousness and one (1) count of Rape should be upheld. Embedded within this overarching issue were matters touching on (a) the sufficiency and proper legal characterization of the acts alleged in the Informations for the acts of lasciviousness cases, and (b) whether the qualifying circumstances of relationship and minority in the rape charge were adequately alleged and proven such that the crime should be treated as Qualified Rape.

Legal Basis and Reasoning

On the Acts of Lasciviousness convictions, the Court first addressed an error in the Informations’ designation of the crimes. Although the Informations designated the crime only as “Acts of Lasciviousness,” the Court held that the facts alleged therein pertained not only to Article 336 of the RPC but also to **Section 5(b) of Republic Act No. 7610. The Court reiterated that a designation of the specific statute allegedly violated is imperative to prevent surprise and afford the accused an opportunity to prepare his defense. However, it also held that an erroneous reference to the violated law does not vitiate the Information if the factual allegations clearly recite the elements of the offense charged. Consistent with jurisprudence, the Court ruled that the real nature of the charge is determined not by the caption or the specification of the legal provision, but by the factual recital in the Information.

Applying that principle, the Court found that the factual recitals in the three Informations constituted violations of Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610. The Court explained the elements of Article 336, which require an act of lasciviousness committed under circumstances such as force or intimidation, and the presence of another person as the offended party. It likewise explained the elements of Section 5(b) of RA 7610, which penalizes those who commit sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse, where the child is below eighteen years of age. The Court noted that the term “lewd” involves indecent or obscene design intended to excite crude sexual desire, and that lewd intent, as a mental process, may be inferred from overt acts carrying out such intention. The Court relied on its earlier ruling in Quimvel v. People that the allegation of “force and intimidation” suffices to classify the minor victim as one exploited in prostitution or subjected to other sexual abuse.

With respect to proof, the Court agreed with the RTC and CA that the prosecution had established the elements beyond reasonable doubt. It found that AAA consistently and convincingly narrated, with detail, each lascivious act committed by Monroyo on August 24 and on October 13 and 15, 2003, and that Monroyo touched her private organ on those occasions. The Court found that the acts were committed against AAA’s will and without any justifiable reason, showing lewd character. The Court also found that AAA’s minority was sufficiently established and that, because Monroyo was AAA’s uncle, he exercised moral ascendancy and influence over her, which case law recognizes as intimidation. It further held that AAA’s testimony merited full faith and credit because there was no evidence showing ill motive. The Court also reasoned that a young and decent girl would not likely fabricate a story of sexual abuse, undergo public trial, and endure ridicule and humiliation unless impelled by a sincere desire to have the offender incarcerated.

The Court emphasized that the credibility assessments of the trial court, affirmed by the CA, involve findings of fact generally binding on appellate review absent arbitrariness or oversight. Finding none, the Court held that the convictions for the three counts of Acts of Lasciviousness were proper under Article 336 of the RPC in relation to Section 5(b) of RA 7610. It applied the Indeterminate Sentence Law and sentenced Monroyo to an indeterminate term of fourteen (14) years and eight (8) months of reclusion temporal as minimum to

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