Title
People vs. ZZZ
Case
G.R. No. 224584
Decision Date
Sep 4, 2019
Appellant convicted of qualified rape and lascivious conduct against his 13-year-old daughter; alibi rejected, damages awarded.
rape
sexual intercourse
sexual assault

Case Summary (G.R. No. 224584)

Charges and Consolidation in the Trial Court

ZZZ was separately charged with two counts of rape against AAA. In Criminal Case No. 2999, the Information dated December 17, 2007 alleged that, on or about October 26, 2007 at 1:00 a.m., he had carnal knowledge of AAA, his thirteen-year-old daughter, “against her will and consent,” through force and intimidation, in violation of Article 266-A, paragraph 1(a) of the Revised Penal Code, in relation to RA 7610.

In Criminal Case No. 3000, the Information dated December 17, 2007 alleged that, on or about November 3, 2007 at 10:00 p.m., he again succeeded in having carnal knowledge of AAA against her will and consent through force and intimidation, in violation of Article 266-A, paragraph 2 of the Revised Penal Code, in relation to RA 7610. The cases were consolidated with the RTC, Branch 20, Tacurong City. Upon arraignment, ZZZ pleaded not guilty to both charges, and trial proceeded.

Prosecution Evidence: The October 26 Incident (Criminal Case No. 2999)

AAA testified that she was born on April 29, 1994, making her thirteen years old as of October 26, 2007. She described living with her father in a bunk house the latter rented, and she stated that her father worked as a helper assigned to a ten-wheeler truck. On the night of October 25, 2007, AAA said she slept alone. She later noticed that her mosquito net was raised and that ZZZ was removing his short pants. According to her, he removed her shorts and panty, held her hands, covered her mouth, spread her legs using his knee, spat saliva on his palm and wiped it on his penis.

AAA stated that ZZZ inserted his penis into her vagina and mounted her for about twenty (20) minutes. She testified that she did not shout because ZZZ had placed two knives near her head and threatened to kill her, her siblings, and her mother if she did not submit. She stated that he stopped when someone switched on the light at the back of the bunk house. She felt pain and noticed blood on the blanket. She cried and kept the incident to herself. She later cried again at around 4:00 a.m. of October 26, 2007.

She further narrated that, on November 3, 2007 around 1:00 a.m., after watching television with friends during the day, she arrived at the bunk house and went to sleep. She testified that ZZZ removed her blanket, placed her head on his arm, spread her legs, and inserted his finger into her vagina for about five (5) minutes. When she asked him to stop, he heeded and went to sleep. AAA described pain during the episode.

On November 5, 2007, her mother visited. ZZZ had gone to Davao City, and AAA confided to her mother what ZZZ had done. AAA testified that ZZZ had threatened to kill BBB and the other children, explaining why AAA did not tell earlier. AAA also testified that, in the morning of November 7, 2007, she went to see her uncle, CCC, and told him about both rape incidents. On November 11, 2007, with her mother and a certain Jane Diaz, she went to the Tacurong City Police Station where she was investigated. After the filing of the cases, AAA stated that ZZZ sent her a handwritten letter asking for forgiveness.

Prosecution Evidence: The November 3 Incident (Criminal Case No. 3000) and Corroboration

AAA’s testimony on the November 3, 2007 incident described penetration by finger into her vagina and her inability to resist due to ZZZ’s control as her father. Her account emphasized that she cried, pleaded for him to stop, and that he complied.

BBB, AAA’s mother and ZZZ’s wife, corroborated the disclosure. BBB testified that she visited the bunk house on November 6, 2007 and AAA confided to her what ZZZ did. When BBB asked why AAA did not tell earlier, AAA answered that ZZZ had threatened to kill BBB, AAA, and their three other children if she reported the acts. BBB testified that on November 9, 2007, she and her brother-in-law MMM reported the incident to the Tacurong City Police Station.

For medical corroboration, Dr. Efraim Collado, Assistant City Health Officer, testified that he examined AAA on November 12, 2007. He found healed lacerations at the three o’clock and ten o’clock positions in her vagina and issued the corresponding medical certificate.

Defense Evidence: Alibi and Denial

ZZZ testified that AAA was his daughter. He invoked alibi and denial. For the October 26, 2007 incident, he claimed that by 1:00 a.m. of that date he was in Davao City, as he worked as a helper on a ten-wheeler truck delivering sacks of rice to Davao City. For the November 3, 2007 incident, he testified that he was also on the same truck delivering rice bran to William Enterprises in General Santos City, and that he remained there until the evening of that day. He maintained that he could not have raped AAA on those dates because he was not at the locus criminis. He also stated that he would not molest AAA because she was his daughter. On cross-examination, he admitted sending AAA a handwritten letter asking for forgiveness.

Trial Court’s Joint Judgment and Conviction

The RTC, in its Joint Judgment dated January 14, 2009, convicted ZZZ of rape by sexual intercourse in Criminal Case No. 2999 and rape by sexual assault in Criminal Case No. 3000. For Criminal Case No. 2999, the RTC imposed reclusion perpetua and ordered damages in favor of AAA: PHP 75,000.00 as civil indemnity, PHP 75,000.00 as moral damages, and PHP 25,000.00 as exemplary damages. For Criminal Case No. 3000, it imposed an indeterminate sentence of imprisonment from twelve (12) years of prision mayor as minimum to eighteen (18) years of reclusion temporal as maximum, and ordered damages: PHP 50,000.00 as civil indemnity, PHP 50,000.00 as moral damages, and PHP 25,000.00 as exemplary damages. The RTC’s decision reflected application of the victim’s minority and relationship to qualify the offenses.

Appellate Review by the Court of Appeals

ZZZ appealed to the Court of Appeals, challenging the conviction on grounds that AAA was an unreliable witness due to alleged inconsistencies on the exact times she returned to the bunk house and went to sleep on the dates in question. He also argued that there was no showing that he employed force, threat, or intimidation during the two occasions. He further pointed to AAA’s testimony that she did not feel anything at one point as casting doubt on penile penetration.

The Office of the Solicitor General argued that AAA’s testimony was corroborated by medical findings of healed vaginal lacerations. The OSG maintained that any inconsistencies regarding minor temporal details did not impair credibility. It also argued that ZZZ’s moral ascendancy and influence as AAA’s father substituted the element of force, threat, or intimidation.

By decision dated October 30, 2015, the Court of Appeals affirmed the RTC’s joint judgment and found ZZZ guilty beyond reasonable doubt of violation of Article 266-A of the Revised Penal Code in relation to RA 7610 for both charges as framed and tried.

Issues Raised on Appeal

ZZZ raised two core issues before the Supreme Court: first, whether he was guilty of qualified rape by sexual intercourse in Criminal Case No. 2999, and second, whether he was guilty of qualified rape by sexual assault in Criminal Case No. 3000.

Supreme Court’s Ruling in Criminal Case No. 2999: Qualified Rape by Sexual Intercourse

On the first count, the Supreme Court sustained the conviction. The Court held that AAA’s testimony on the October 26, 2007 incident was spontaneous and consistent. It found that the detailed narration of the manner of assault dispelled any insinuation of rehearsed testimony, and it reiterated that rape convictions may rest on the testimony of the victim when that testimony is clear, convincing, and consistent.

The Court considered the alleged discrepancies in the exact time AAA went to sleep and returned to the bunk house as trivial and not affecting the existence of the material elements of rape. The Court stressed that precision regarding the time of commission is not essential to establish rape. It further reasoned that the victim was thirteen years old at the time and was immature, which justified greater credence to her account. The Court found no showing of ill motive that would impel AAA to falsely charge her father.

The Court also relied on the medical testimony: the healed vaginal lacerations corroborated penetration. The Court held that denial and alibi were weak defenses. It emphasized that for alibi to prosper, the accused must prove not only that he was elsewhere but also that he was physically impossible to be present at the crime scene or its immediate vicinity. It found that ZZZ failed to substantiate his alibi. Finally, the Court treated ZZZ’s handwritten letter asking forgiveness as an implied admission of guilt, consistent with the trial court’s observation that one would not ask forgiveness unless he had committed a wrong and that the plea resembled an attempt to compromise.

On the elements, the Court affirmed that all requisites for qualified rape were established: sexual congress, by the accused who is AAA’s father, against a victim under eighteen years of age, accomplished through force and intimidation as shown by the threats, restraining acts, and use of knives. The Court defined intimidation as the creation of fear or mental distress in view of an impending evil. Even if actual threat, violence, or intimidation were doubted, the Court held that the case still met the requirement through ZZZ’s moral ascendancy and influence as AAA’s father. It accordingly sustained the conviction in Criminal Case No. 2999 as qualified rape by sexual intercourse.

Supreme Court’s Ruling in Criminal Case No. 3000: From Qualified Rape by Sexual Assault to Lascivious Conduct

The Supreme Court held that the conviction in Criminal Case No. 3000 required modification. While it accepted AAA’s testimony on November 3, 2007 as spontaneous, consistent, and corroborated by medical findings, it identified a fatal variance between the offens

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