857 Phil. 689
LAZARO-JAVIER, J.:
Criminal Case No. 08-0581-2013Additionally, in Criminal Case No. 08-0630-2013, appellant was indicted for lascivious conduct on his daughter BBB, viz:
That on or about the 14th day of March, 2009 in xxxxxxxxxxx, Lipa City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, through force, threat, or intimidation, being the father of AAA and who was charged for the crime of Attempted Rape docketed under Criminal Case No. 02-0127-2013, motivated by lust and lewd designs and taking advantage of the vulnerability of said AAA, a fifteen (15) year old minor, without any justifiable cause, did then and there willfully, unlawfully, and feloniously have carnal knowledge with said minor, against her will and consent, which acts debased, degraded or demeaned her intrinsic worth and dignity as a human being.
Contrary to law.[2]x x x
Criminal Case No. 08-0631-2013
That sometime in 2009 at xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx, Lipa City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, the biological father of BBB, without any justifiable cause with intent to abuse, arouse and gratify for sexual desire, through force, threat and intimidation or grave abuse of authority, did then and there willfully, unlawfully and feloniously have carnal knowledge of said BBB, a fourteen (14) years old minor, against her will and consent, which acts, debase, humiliate, degrade and demean the intrinsic worth and dignity of said BBB.
The aggravating/qualifying circumstance of minority, the victim being under 18 years of age and the offender being the biological father of the victim, attended the commission of the offense.
Contrary to law.[3]
Criminal Case No. 08-0630-2013The three (3) cases were consolidated before the Regional Trial Court, Branch 13, Lipa City.
That sometime in 2009 at xxxxxxxxxxx, Lipa City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, being the father of BBB, without any justifiable cause, with intent to abuse, arouse and gratify his sexual desire, did then and there willfully, unlawfully and feloniously commit lascivious conduct upon said BBB, a fourteen (14) year old minor, by touching her private parts, kissing her lips and breast and trying to insert his penis into her vagina, which acts debase, humiliate, degrade and demean the intrinsic worth and dignity of said BBB.
Contrary to law.[4]
WHEREFORE, in view of all the foregoing and the prosecution having established to a moral certainty the guilt of the accused XXX, the Court hereby finds said accused GUILTY beyond reasonable doubt as principal, for two (2) counts of Rape under Article 266-A of the Revised Penal Code and for Lascivious Conduct under Section 5 (b) of Republic Act No. 7610 otherwise known as the "Special Protection of Children against Abuse, Exploitation, and Discrimination Act" and hereby sentences him as follows:1. In Criminal Case No. 08-0581-2013 to suffer the penalty of Reclusion Perpetua without eligibility of parole and to pay the minor victim AAA the sum of Seventy Five Thousand Pesos (Php 75,000.00) as civil indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as moral damages and Thirty Thousand Pesos (Php 30,000.00) as exemplary damages.The period which the accused has undergone preventive imprisonment during the pendency of these cases shall be credited to him provided he agreed in writing to abide by and comply strictly with the rules and regulations imposed upon committed prisoners.
2. In Criminal Case No. 08-0630-2013, to suffer the penalty of imprisonment of Ten (10) years and One (1) day of Prision Mayor, as minimum, to Seventeen (17) years and Four (4) months of Reclusion Temporal, as maximum. Accused is likewise ordered to pay BBB the sum of Fifteen Thousand Pesos (Php 15,000.00) as moral damages.
3. In Criminal Case No. 08-0631-2013, to suffer the penalty of Reclusion Perpetua without eligibility of parole and to pay the minor victim BBB the sum of Seventy Five Thousand Pesos (Php 75,000.00) as civil indemnity, Seventy Five Thousand Pesos (Php 75,000.00) as moral damages and Thirty Thousand Pesos (Php 30,000.00), as exemplary damages.
The Jail Warden of the Bureau of Jail Management and Penology (BJMP), Lipa City, Batangas, is hereby directed to immediately commit herein accused to the National Penitentiary, Muntinlupa City, for him to serve his sentence.
SO ORDERED.[16]
WHEREFORE, the appeal is DENIED. The assailed RTC Decision dated June 21, 2016 is AFFIRMED with MODIFICATIONS in that: 1) In Criminal Case Nos. 08-0581-2013 and 08-0631-2013, the award of civil indemnity is increased from Seventy-Five Thousand Pesos(Php75,000.00) to One Hundred Thousand Pesos(Php100,000.00), moral damages of Seventy-Five Thousand Pesos(Php75,000.00) is increased to One Hundred Thousand Pesos(Php100,000.00), and exemplary damages of Thirty Thousand Pesos(Php30,000.00) is increased to One Hundred Thousand(Php100,000.00); and 2) In Criminal Case No. 08-0630-2013, the Accused-Appellant is sentenced to suffer the penalty of reclusion perpetua and ordered to pay BBB the amounts of Fifty Thousand Pesos(Php50,000.00) as civil indemnity, Thirty Thousand Pesos(Php30,000.00) as exemplary damages, and Fifty Thousand Pesos(Php50,000.00) as moral damages.
All awards for damages shall earn legal interest at the rate of six percent(6%) per annum from the date of the finality of this decision until fully paid. Costs against the Accused-Appellant.
SO ORDERED.[20]
This hardly convinces. It has been held that "different people react differently to different situations and there is no standard form of human behavioral response when one is confronted with a strange, startling or frightful experience," such as rape. Verily, some victims choose to suffer in silence; while others may be moved to action out of a need to seek justice for what was done to them. Then there are those who opt not to dwell on their experience and try to live as though it never happened. To the Court's mind, this is how "AAA" tried to cope with the harrowing experience that befell her. Moreover, since she was just a young girl when all these rapes were committed against her, "AAA" simply knew no other way of life than what she was accustomed to.Second. Rape victims react differently. Some may offer strong resistance while others may be too intimidated to offer any resistance at all. There is no standard form of reaction for a woman when facing a shocking and horrifying experience such as a sexual assault. The workings of the human mind placed under emotional stress are unpredictable. People react differently --- some may shout, some may faint, and some may be shocked into insensibility, while others may openly welcome the intrusion. But any of these reactions does not impair the credibility of a rape victim. Additionally, failure to physically resist the attack does not detract from the established fact that a reprehensible act was done to a child-woman by her own biological father. Lastly, failure to shout or offer tenuous resistance does not make voluntary the victim's submission to the criminal acts of the accused.[24]
To begin with, the prosecution is under no burden to establish acceptable reasons or satisfactory explanation for the delay in reporting a rape. Settled is the rule that delay or hesitation in reporting a case of rape due to threats of the assailant is justified and must not be taken against the victim. Neither does such delay indicate deceit or a fabricated insinuation inasmuch as it is common that a rape victim prefers silence because of fear of her aggressor and the lack of courage to face the public stigma stemming from the abuse. With particular regard to incestuous rapes, since the perpetrator in these cases is a parent of the victim, he is able to pervert whatever moral ascendancy and influence he has over the victim in order to intimidate the latter. Hence, even in the absence of verbal threats against the victim's life, the parent molester's moral ascendancy and influence take the place of intimidation, especially so when they are living under the same roof.Appellant is guilty of
So must it be.
Article 266-A. Rape: When And How Committed. - Rape is committed:
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.x x x
Article 266-B Penalty – x x xx x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;x x x
There is adequate and satisfactory evidence that on March 14, 2009, at around 1:00 o'clock in the afternoon, AAA was resting on the sofa after washing clothes, when her father ordered her to go to the room. While inside the room, accused lied (sic) down on the bed beside her and undressed her. Accused then took off his shorts and inserted his penis into her vagina. AAA felt pain and blood came out of her private part but she could not do anything other than cry. After the sexual act, accused told AAA to put on her dress. (TSN, February 26, 2014, pp. 5-10)[27]AAA narrated in detail that appellant ordered her to go inside a room, lay on the bed beside her, and inserted his penis in her vagina. Although appellant did not threaten or force AAA to engage in sexual congress with him, it is settled that where the rape is committed by a close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation.[28]
There is likewise sufficient evidence that sometime in the year 2009, herein accused would transfer from his room to the room where BBB was sleeping. Initially, said accused would lie down beside BBB and would touch her private parts. Eventually, he will have carnal knowledge of her, even at (sic) the presence of his other daughter AAA and son CCC. BBB cannot do anything out of fear of his (sic) father-accused. (TSN, March 26, 2014, pp. 9-10)[29]The trial court keenly noted that BBB was intensely crying while she narrated the sordid details of her sexual devastation in the hands of her own father. She described how appellant shamelessly satiated his lust, sexually ravishing her even in the presence of his other children, AAA and CCC. BBB also recalled that she could not do anything whenever appellant had his way with her because she was so scared of him. To repeat, although there is no showing of force, threat or intimidation, appellant's moral ascendancy over BBB took the place of violence or intimidation.
More importantly, it is highly inconceivable for a daughter like AAA to impute against her own father a crime as serious and despicable as incest rape, unless the imputation was the plain truth. In fact, it takes a certain amount of psychological depravity for a young woman to concoct a story that would put her own father to jail for the rest of his remaining life and drag the rest of the family including herself to a lifetime of shame. Filipino children have great respect and reverence for their elders. For this reason, great weight is given to an accusation a child directs against a close relative, especially the father. A rape victim's testimony against her father goes against the grain of Filipino culture as it yields unspeakable trauma and social stigma on the child and the entire family.The absence of medical certificates indicating the extent of the injury sustained by AAA and BBB as a result of their father's wicked bestiality does not diminish their worth as witnesses. A medical certificate is merely corroborative and not indispensable to the prosecution of rape cases.[31] Where the testimony of a rape victim is credible, natural, convincing and otherwise consistent with human nature, it is sufficient to support a verdict of conviction.[32]
Article 266-B. Penalty. - x x xBy virtue of RA 9346, however, the death penalty is reduced to reclusion perpetua.x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
It is evident from the testimony of herein private complainant BBB that all the above-mentioned elements and requirements of the law for the crime of Lascivious Conduct under Section 5(b) of Republic Act No. 7610 have been fully established by the prosecution. BBB maintained that sometime in the year 2009, while at home for being sick, accused suddenly put down her shorts and underwear to her knee and raised her t-shirt up to her breast. Accused then proceeded to touch and kiss her on her private parts despite her resistance. Not satisfied, accused took off his t-shirt, shorts and brief and was about to insert his penis into her vagina, when her younger brother CCC arrived and abruptly stopped the advances of the accused. (TSN, March 26, 2014, pp. 7-9)[38]Indubitably, appellant committed lascivious conduct when he performed acts of lasciviousness by pulling down AAA's shorts and underwear, touching and kissing her private parts, and attempting to insert his penis into her vagina. Notably, BBB was a minor, being only fourteen (14) years old at that time.
SEC. 5. Child Prostitution and Other Sexual Abuse. Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse.
The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following:x x x
(b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse: Provided, That when the victim is under twelve (12) years of age, the perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its medium period.x x x
Sec. 31. Common Penal Provisions. –x x x
(f) A fine to be determined by the court shall be imposed and administered as a cash fund by the Department of Social Welfare and Development and disbursed for the rehabilitation of each child victim, or any immediate member of his family if the latter is the perpetrator of the offense.
Considering that AAA was over 12 but under 18 years of age at the time of the commission of the lascivious act, the imposable penalty is reclusion temporal in its medium period to reclusion perpetua.As for the appropriate monetary awards, Caoili decreed:
Since the crime was committed by the father of the offended party, the alternative circumstance of relationship should be appreciated. In crimes against chastity, such as acts of lasciviousness, relationship is always aggravating. With the presence of this aggravating circumstance and no mitigating circumstance, the penalty shall be applied in its maximum period, i.e., reclusion perpetua, without eligibility of parole. This is in consonance with Section 31(c) of R.A. No. 7610 which expressly provides that the penalty shall be imposed in its maximum period when the perpetrator is, inter alia, the parent of the victim.
Likewise, Section 31(f) of R.A. No. 7610 imposes a fine upon the perpetrator, which jurisprudence pegs in the amount of Php 15,000.
Parenthetically, considering the gravity and seriousness of the offense, taken together with the evidence presented against Caoili, this Court finds it proper to award damages.All told, the Court of Appeals correctly sentenced appellant to reclusion perpetua. Appellant should be ordered to pay BBB P75,000.00 as civil indemnity, P75,000.00 as exemplary damages, and P75,000.00 as moral damages.
In light of recent jurisprudential rules, when the circumstances surrounding the crime call for the imposition of reclusion perpetua, the victim is entitled to civil indemnity, moral damages and exemplary damages each in the amount of Php 75,000.00, regardless of the number of qualifying aggravating circumstances present.
The fine, civil indemnity and all damages thus imposed shall be subject to interest at the rate of six percent (6%) per annum from the date of finality of this judgment until fully paid.