Case Summary (G.R. No. 249414)
Facts
- In December 2009, while AAA pastured animals in a family “payag-payag,” Dalaguet followed her into a hut, carried her inside, undressed her and himself, and performed lewd acts—pushing his penis against the outside of her vagina—without penetrating. She struggled and shouted but could not escape.
- On March 9, 2010, left alone with her sister away at school, AAA was again held, undressed, and subjected to similar acts. Her grandfather, EEE, intervened and caught Dalaguet in the act; Dalaguet threatened to kill him but fled.
- AAA’s medical examination on March 10, 2010, showed healed lacerations of the genitalia. AAA’s birth certificate established her age as 15.
Procedural History
- March 29, 2010: Two Informations filed charging rape under Section 5(b), R.A. 7610 (criminal cases F-10-49-MJ and F-10-50-MJ).
- July 13, 2016 (RTC, Branch 45, Bais City): Convicted Dalaguet of two counts of rape, sentenced to reclusion perpetua (20 years + 1 day to 40 years) per count, and awarded damages of ₱100,000 actual and ₱100,000 moral.
- June 25, 2019 (Court of Appeals): Modified conviction to two counts of lascivious conduct under Section 5(b), R.A. 7610, sentencing to eight (8) years + 1 day to 17 years 4 months + 1 day per count, plus ₱50,000 each of civil indemnity, moral and exemplary damages per count.
- July 29, 2019: Appeal to the Supreme Court.
Issue
Did the Court of Appeals err in convicting Dalaguet of lascivious conduct under Section 5(b), R.A. 7610, in lieu of rape, despite the lack of proof of penile penetration?
Analysis and Ruling
Credibility of the Victim’s Testimony
- The sole testimony of a sexual-abuse victim, if clear, positive and convincing, suffices for conviction. The trial court’s assessment of witness demeanor is accorded great respect.
- AAA’s consistent account of force, coercion, non-consent and physical struggle established the elements of a sexual offense. Her delay in reporting and lack of shouting do not negate fear-induced submission.
Rape Through Sexual Intercourse (RPC Art. 266-A(1)(a))
- Elements: (a) carnal knowledge and (b) force/threat/intimidation. Penetration, even slight (touching of the labia), is indispensable.
- AAA categorically testified that Dalaguet’s penis did not penetrate her vagina, only contacted the external area. Medical findings showed healed (not fresh) lacerations, insufficient to prove consummated rape.
Lascivious Conduct under R.A. 7610, Section 5(b)
- Elements: (a) sexual intercourse or lascivious conduct; (b) victim is a child below 18 subjected to coercion or influence; (c) victim under 18.
- AAA testified that Dalaguet made her lie down, undressed both of them, and performed lewd acts against her will on two occasions. She was 15 and unable to resist effectively. Coercion and influence were present.
- The variance doctrine permits conviction for a necessarily included offense proven at trial. Lascivious conduct is necessarily included in rape when penetration is not established.
Applicability of R.A. 11648 (Age of Consent Raised to 16)
- R.A. 11648’s higher age of consent and modified pena
Case Syllabus (G.R. No. 249414)
Procedural History
- Two separate Informations dated March 29, 2010 charged Benny Dalaguet with violations of Section 5(b) of R.A. No. 7610 (Child Abuse Act) for alleged sexual intercourse with AAA, a 15-year-old minor, in December 2009 and March 2010.
- Arraigned September 22, 2010; plea of not guilty entered.
- December 15, 2010 pretrial stipulated identity of parties, minor status of AAA, neighborhood proximity, and the March 9, 2010 incident.
- Regional Trial Court (RTC), Branch 45, Bais City, in a Decision dated July 13, 2016, convicted Dalaguet of two counts of rape under Article 266-A of the Revised Penal Code; sentenced to reclusion perpetua for each count and ordered to pay P100,000 actual and P100,000 moral damages.
- Court of Appeals (CA), in a Decision dated June 25, 2019 (CA-G.R. CEB CR HC No. 02332), affirmed with modification, finding Dalaguet guilty of two counts of lascivious conduct under Section 5(b) of R.A. No. 7610; imposed an indeterminate penalty of 8 years 1 day to 17 years 4 months 1 day of imprisonment per count and awarded P50,000 each of civil indemnity, moral and exemplary damages per count.
- Appeal to the Supreme Court via Notice of Appeal filed July 29, 2019; parties adopted their appellate briefs in lieu of supplemental briefs.
Factual Background
- AAA, born in 1994, was 15 years old at time of alleged offenses; Dalaguet lived approximately five meters from her home.
- First incident (December 2009): while AAA was pasturing cattle in a family “payag-payag,” Dalaguet followed, carried her to a hut, undressed her, held her tightly, and admitted intercourse “outside” without vaginal penetration; AAA struggled and shouted but no one came.
- Second incident (March 9, 2010): AAA alone at home with 9-year-old sister CCC; Dalaguet told CCC to leave, held AAA’s hand, made her lie down, undressed both, and engaged in “push and pull” movements without penetration; AAA’s grandfather EEE caught them, maltreated AAA in anger, and threatened to kill EEE until neighbor FFF intervened.
- AAA did not immediately report incidents because Dalaguet threatened disbelief and maltreatment by her parents.
- Medical certificate by Dr. Andaya (March 10, 2010) showed healed lacerations at 1:00 and 5:00 o’clock on AAA’s genitalia.
Trial Evidence and Testimonies
- Prosecution witnesses: AAA (victim), EEE (grandfather), Marretta Rubio (social study); birth certificate of AAA and medical certificate admitted; testimonies of registrar and Dr. Andaya dispensed with.
- AAA’s eyewitness testimony was consistent, clear, positive, and probable; tes