879 Phil. 773
CARANDANG, J.:
Criminal Case No. 14-11713
For Rape by Sexual Assault
That on or about the 13th day of May, 2014, 7 o'clock in the evening, at Angeles City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused by taking advantage of the innocence and tender age and gullibility of Private Complainant [AAA][5] (11 year old minor), did then and there willfully, unlawfully and feloniously commit acts of sexual assault through threat and intimidation on the said complainant AAA (11 year old minor) by inserting his middle finger in her vagina without her consent, with intent to abuse and/ or gratify his sexual desire, thereby degrading and debasing the girl's intrinsic worth and dignity as a human being and endangering her normal development, to her damage and prejudice.
CONTRARY TO LAW.[6]Criminal Case No. 14-11714
For Rape by Sexual Assault
That on or about the 13th day of May, 2014, 7 o'clock in the morning, at Angeles City, and within the jurisdiction of this Honorable Court, the above-named accused, by taking advantage of the innocence and tender age and gullibility of Private Complainant AAA (11 year old minor), did then and there willfully, unlawfully and feloniously commit acts of sexual assault through threat and intimidation on the said Complainant AAA (11 year old miner) by forcing her to grasp her penis after which he insert his penis in her anal orifice thereafter lick her vagina without her consent, thereby degrading and debasing the girl's intrinsic worth and dignity as a human being and endangering her normal development, to her damage and prejudice.
CONTRARY TO LAW.[7]Criminal Case No. 14-11715
For Statutory Rape
That on or about the 13th day of May, 2014, around 12 o'clock in the afternoon, in the City of Angeles, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and taking advantage of the innocence and tender age of private complainant AAA (11 year old minor), by directing her to lightly grasp his penis (to masturbate) when semen discharge came out he inserted his penis to her vagina to have sexual intercourse with said AAA (11 year old minor), did then and there willfully, unlawfully and feloniously have carnal knowledge with said AAA (11 year old minor), by means of force, threat, and intimidation and against her will and consent.
CONTRARY TO LAW.[8]Criminal Case No. 14-12400
For Statutory Rape
That on or about the year 2012 in City of Angeles, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and taking advantage of the innocence and tender age of private complainant [BBB][9] (10 year old minor at the time of the incident), by directing her to lay down in bed and touch her cheek, touching and kissing her breast and inserted his penis to her vagina to have sexual intercourse with said BBB (10 year old minor at the time of the incident), did then and there willfully, unlawfully and feloniously have carnal knowledge with said BBB (10 year old minor at the time of the incident) by means of force, threat, and intimidation and against her will and consent.
CONTRARY TO LAW. [10]
That on or about the year of 2012 in City of Angeles, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and taking advantage of the innocence and tender age of private complainant BBB (10 year old minor at the time of the incident), by touching, inserting his fingers in her vagina and remove her underwear and go on top of her and insert her penis to her vagina to have sexual intercourse with said BBB (10 year old minor at the time of the incident), did then and there willfully, unlawfully and feloniously have carnal knowledge with said BBB (10 year old minor at the time of the incident) by means offeree and intimidation and against her will and consent.
CONTRARY TO LAW.[11]
The three complainants are the daughters of HHH with his common-law spouse, DDD.[14] Together, they have six children, two boys and four girls. The eldest daughter, CCC, was born on January 24, 2001;[15] BBB was born on August 26, 2002;[16] and AAA was born on September 15, 2003.[17]Criminal Case No. 14-12402For Rape by Sexual Assault
That on or about the month of March 2014, at Angeles City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by taking advantage of the innocence and tender age and gullibility of Private Complainant [CCC][12] (who was then 11 year old minor) did then and there willfully, unlawfully and feloniously commit acts of sexual assault through threat and intimidation on the said CCC (who was then 11 year old minor) by removing her underwear while she is asleep after which directing her, to wit: Hawakan mo nga ito at ganun nanunin mo nga! (to grasp accused's penis to masturbate him) thereafter insert his finger to her vagina telling her biological father (accused) to stop however, with intent to abuse and/ or gratify his sexual desire, thereby degrading and debasing the girl's intrinsic worth and dignity as a human being and endangering her normal development, to her damage and prejudice.
CONTRARY TO LAW. [13]
WHEREFORE, premises considered, the court renders judgment as follows:The RTC found HHH civilly and criminally liable for two counts of Rape by Sexual Assault and one count of Rape by Carnal Knowledge in Criminal Case Nos. 14-11713 to 14-11715.[35] The RTC declined to appreciate the qualifying circumstance of father-daughter relationship in Criminal Case Nos. 14-11713 to 14-11715 as the same was not alleged in the Informations.[36]
1. In Criminal Case No. 14-11713, the court finds accused HHH GUILTY BEYOND REASONABLE DOUBT of the crime Rape by Sexual Assault defined in paragraph 2, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 embodied in the Information dated May 15, 2014.
Accordingly, accused HHH is hereby SENTENCED to suffer an indeterminate penalty of six (6) years of prision correctional as the minimum term to ten (10) years of prision mayor as the maximum term, with credit of his preventive imprisonment.
The charge for Violation of Section 10(a) of Republic Act No. 7610 in Criminal Case No. 14-11713 is hereby DISMISSED.
Accused HHH is hereby ordered to INDEMNIFY private complainant AAA with: (a) civil indemnity in the amount of Thirty thousand pesos (P30,000.00); (b) moral damages in the amount of Thirty thousand pesos (P30,000.00); and (c) exemplary damages in the amount of Twenty five thousand pesos (P25,000.00).[29]
2. In Criminal Case No. 14-11714, the court finds accused HHH GUILTY BEYOND REASONABLE DOUBT of the crime Rape by Sexual Assault defined in paragraph 2, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 embodied in the Information dated May 15, 2014.
Accordingly, accused HHH is hereby SENTENCED to suffer an indeterminate penalty of six (6) years of prision correccional as the minimum term to ten (10) years of prision mayor as the maximum term, with credit of his preventive imprisonment.
The charge for Violation of Section 10(a) of Republic Act No. 7610 in Criminal Case No. 14-11714 is hereby DISMISSED.
Accused HHH is hereby ordered to INDEMNIFY private complainant AAA with: (a) civil indemnity in the amount of Thirty thousand pesos (P30,000.00); (b) moral damages in the amount of Thirty thousand pesos (P30,000.00); (c) exemplary damages in the amount of Twenty five thousand pesos (P25,000.00).[30]
3. In Criminal Case No. 14-11715, the court finds accused HHH GUILTY BEYOND REASONABLE DOUBT of the crime Rape defined in paragraph 1, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 embodied in the Information dated May 15, 2014.
Accordingly, accused HHH is hereby SENTENCED to suffer the penalty of reclusion perpetua, with credit of his preventive imprisonment.
Accused HHH is hereby ordered to INDEMNIFY private complainant AAA with: (a) civil indemnity in the amount of Seventy five thousand pesos (P75,000.00); (b) moral damages in the amount of Seventy five thousand pesos (P75,000.00); and (c) exemplary damages in the amount of Fifty thousand pesos (P50,000.00).[31]
4. In Criminal Case No. 14-12400, the court finds accused HHH GUILTY BEYOND REASONABLE DOUBT of the crime Rape defined in paragraph 1, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 embodied in the Information dated June 16, 2014.
Accordingly, accused HHH is hereby SENTENCED to suffer the penalty of reclusion perpetua, with credit of his preventive imprisonment.
Accused HHH is hereby ordered to INDEMNIFY private complainant BBB with: (a) civil indemnity in the amount of Seventy five thousand pesos (P75,000.00); (b) moral damages in the amount of Seventy five thousand pesos (P75,000.00); and (c) exemplary damages in the amount of Fifty thousand pesos (P50,000.00).[32]
5. In Criminal Case No. 14-12401, the court finds accused HHH GUILTY BEYOND REASONABLE DOUBT of the crime Rape defined in paragraph 1, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 embodied in the Information dated June 16, 2014.
Accordingly, accused HHH is hereby SENTENCED to suffer the penalty of reclusion perpetua, with credit of his preventive imprisonment.
Accused HHH is hereby ordered to INDEMNIFY private complainant BBB with: (a) civil indemnity in the amount of Seventy five thousand (P75,000.00); (b) moral damages in the amount of Seventy five thousand pesos (P75,000.00); and (c) exemplary damages in the amount of Fifty thousand pesos (P50,000.00).[33]
6. In Criminal Case No. 14-12402, the court finds accused HHH GUILTY BEYOND REASONABLE DOUBT of the crime Rape by Sexual Assault defined in paragraph 2, Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, committed with the aggravating/ qualifying circumstances of the accused being the father of the victim, embodied in the Information dated June 16, 2014.
Accordingly, accused HHH is hereby SENTENCED to suffer an indeterminate penalty of twelve (12) years of prision mayor as the minimum term to twenty years of reclusion temporal as the maximum term, with credit of his preventive imprisonment.
The charge for Violation of Section 10(a) of Republic Act No. 7610 in Criminal Case No. 14-12402 is hereby DISMISSED.
Accused HHH is hereby ordered to INDEMNIFY private complainant CCC with: (a) civil indemnity in the amount of Fifty thousand pesos (P50,000.00); (b) moral damages in the amount of Fifty thousand pesos (P50,000.000); and (c) exemplary damages in the amount of Thirty thousand pesos (P30,000.00).
No costs.[34] (Emphasis, italics, and underscoring in the original)
In the Appellant's Brief,[41] the defense claimed that the Information for Criminal Case Nos. 14-12400, 14-12401, and 14-12402 were defective because these merely alleged that the incidents happened "on or about the year 2012," and "on or about the month of March 2014," depriving HHH of his constitutional right to be informed of the nature and cause of accusation against him.[42] HHH argued that while the date of commission of the crime is not an element of rape, he was deprived of the opportunity to intelligently prepare his defense as he was left to guess on which particular date he had to account for his whereabouts and prove his physical inability to commit the alleged offense.[43] HHH suggested that AAA's testimony is doubtful becauseI
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF TWO (2) COUNTS OF RAPE BY CARNAL KNOWLEDGE IN CRIMINAL CASE NUMBERS 14-12400 TO 14-12401 AND ONE (1) COUNT OF RAPE BY SEXUAL ASSAULT IN CRIMINAL CASE NUMBER 14-12402, DESPITE THE FACT THAT HIS CONSTITUTIONAL RIGHT TO BE FULLY APPRAISED OF THE CHARGES AGAINST HIM HAS BEEN VIOLATED.II
THE TRIAL COURT GRAVELY ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE INCREDULOUS TESTIMONIES OF THE PRIVATE COMPLAINANTS.III
THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THREE (3) COUNTS OF RAPE BY SEXUAL ASSAULT AND THREE (3) COUNTS OF RAPE BY CARNAL KNOWLEDGE DESPITE THE PROSECUTION'S FAILURE TO PROVE THE ELEMENTS THEREOF BEYOND REASONABLE DOUBT.[40]
WHEREFORE, the appeal of accused-appellant is hereby DISMISSED for lack of merit. The Decision dated December 29, 2017 of the Regional Trial Court of Angeles City, Branch 59, convicting him of three (3) counts of Statutory Rape and three (3) counts of Rape through Sexual Assault is AFFIRMED with MODICATION as to the award of damages in Criminal Case Nos. 14-11715, 14-12400 and 14-12401 which shall now be, as follows: civil indemnity in the amount of Php 100,000; moral damages in the amount of Php 100,000.00 and Php 100,000.00 as exemplary damages. As for Criminal Case Nos. 14-11713, 14-11714 and 14-12402, the award shall be increased to Php 75,000.00 as civil indemnity; Php 75,000.00 as moral damages and Php 75,000.00 as exemplary damages. He shall pay an interest of six percent (6%) per annum on all damages awarded from the date of finality of this decision until fully paid.In affirming the conviction of HHH, the CA ruled that the failure to specify the exact date when the rape occurred does not ipso facto make the information defective on its face. The CA recognized that rape victims cannot be expected to give an accurate account of the traumatic and horrifying experience they had undergone. For the CA, what is important is that all the complainants were unfaltering in their declaration that they were raped and molested by their own father.[55] The CA also explained that the lack of immediate response from the daughters of HHH or the fact that they continued to live in the same house where he lived did not diminish the veracity or reliability of their testimony. They cannot be expected to immediately flee after the first incident of rape because they were too young, had no money, and had no means to live elsewhere. They submitted to their father's lewdness out of fear.[56]
SO ORDERED.[54] [Emphasis and italics in the original]
The issues to be resolved are:
1. Whether the Information for Criminal Case Nos. 14-12400, 14-12401, and 14-12402 are defective because these merely alleged that the incidents happened "on or about the year 2012," and "on or about the month of March 2014," depriving HHH of his constitutional right to be informed of the nature and cause of accusation against him;
2. Whether the prosecution established HHH's guilt beyond reasonable doubt in Criminal Case Nos. 14-11713 and 14-11714 for two counts of Rape by Sexual Assault; and for one count of Statutory Rape in Criminal Case No. 14-11715.
3. Whether the prosecution established HHH's guilt beyond reasonable doubt in Criminal Case Nos. 12400, and 14-12401 for two counts of Statutory Rape; and
4. Whether the CA imposed the correct penalties and monetary awards.
The Information for Criminal Case Nos. 14-12400 and 14-12401 are not defective. However, HHH should be acquitted in Criminal Case No. 14-12402 for failure to prove that the incident of Rape by Sexual Assault occurred "on or about the month of March 2014." |
Section. 11. Date of Commission of the Offense. - It is not necessary to state in the complaint or information the precise date the offense was committed except when it is a material ingredient of the offense. The offense may be alleged to have been committed on a date as near as possible to the actual date of its commission.[65]It is not essential that the date of commission of the offense be alleged in the Information with ultimate precision.[66] In Criminal Case Nos. 14-12400 and 14-12401, while it is true that the Information only alleged "on or about the year 2012" and BBB could not specifically indicate the exact date when the incidents of rape occurred, it is understandable why she was unable to state the specific dates because rape, by itself, is a traumatic experience; more so when it is committed by her very own father. Thus, the fact that the two separate Informations alleged "on or about the year 2012" should not be taken against BBB.
T-3. KAILAN AT SAAN NANGYARI AND INSIDENTENG IYON NABANGGIT?This fact became even more apparent when CCC testified during trial as revealed in the following exchange:
S-3. Noong 11 taong gulang pa lamang ako. Naalala ko nga iyon buwan Marso taong 2012 ng may gawing masama si papa ko sa akin. Sa mismong bahay namin sa Dist. 6, Blk. 105, Lot 12 Brgy. Pulung-Cacutad Lungsod ng Angeles.
T-4: PAANO NANGYARI ANG INSIDENTENG IYONG NABANGGIT?
S-4: Natutulog ako noon ng gabi ng Marso sa hindi ko po matandaang petsa ng taong 2012 ay nagising ako x x x[68] (Emphasis supplied)
ATTY. TOKIAS: (to witness)It is clear from the foregoing that after March 2012, nothing happened to CCC. This belies her claim of molestation in March 2014 and is inconsistent with the allegations stated in the Information.
Q When you executed your Complaint Judicial Affidavit in May 2014, that time, HHH was already in Jail?
A Yes, sir.
Q What you can recall as to the alleged incident was the March 2012 incident?
A Yes, sir.
Q And other than that you could not recall what are the other dates of the alleged incident that happened to you?
A Not anymore.
Q You mean after March 2012 nothing happened to you at that time?
A None anymore[69] (Emphasis supplied)
The prosecution established HHH's guilt beyond reasonable doubt in Criminal Case Nos. 14-11713 and 14-11714 for two counts of Rape by Sexual Assault, and one count of Statutory Rape in Criminal Case No. 14-11715. |
Considering the development of the crime of sexual assault from a mere "crime against chastity" in the form of acts of lasciviousness to a "crime against persons" akin to rape, as well as the rulings in Dimakuta and Caoili, We hold that if the acts constituting sexual assault are committed against a victim under 12 years of age or is demented, the nomenclature of the offense should now be "Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5 (b) of R.A. No. 7610" and no longer "Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 (b) of R.A. No. 7610," because sexual assault as a form of acts of lasciviousness is no longer covered by Article 336 but by Article 266-A (2) of the RPC, as amended by R.A. No. 8353. Nevertheless, the imposable penalty is still reclusion temporal in its medium period, and not prision mayor.[73] (Emphasis supplied)The reliance of the RTC and the CA in the testimony of AAA was proper as it was clear and categorical. Her claim was also supported by the Medico-Legal Report[74] prepared by Dr. Nae Ann V. Mandal (Dr. Mandal) who conducted a physical examination on AAA, the pertinent portion of which states:
Circular abrasion, 1 x lcm cheek left.Noticeably, the medical findings of Dr. Mandal supports the claim of AAA that HHH burned her left cheek with a cigarette when she initially refused to submit to HHH's carnal desire.[76] This is consistent with AAA's claim on how she sustained her facial injury. Dr. Mandal also confirmed that the cervical laceration she noted could have been caused by a foreign object such as a finger, a penis or any hard object.[77]
Tanner stage 1 breast.
Tanner stage 1 external genitalia hair distribution.
GENIALIA: Labia minora erythematous.
Cervical laceration, incomplete healed 12 o'clock,
6 o'clock, 3 o'clock, and 9 o'clock position.
DRE: Full rectal vault
Non erythematous.[75]
(1) That the offender commits an act of sexual assault;All the foregoing elements for the offenses charged against HHH were proven beyond reasonable doubt. Notwithstanding her youth and innocence, AAA was able to narrate in detail her traumatic experience in the hands of HHH who ravished and sexually molested her. She convincingly recounted her harrowing experience on May 13, 2014. At 7:00 a.m., HHH he made her lie on a mat, instructed her to hold his penis and threatened to burn her face with a cigarette if she did not follow. When she refused to obey him, HHH used a cigarette to burn her left cheek. When AAA refused again to hold HHH's penis, he spanked her with a thick wood. HHH made her lie on her stomach. Thereafter, he inserted his penis in the anal orifice of AAA and licked her vagina. At around 12:00 p.m. on May 13, 2014, HHH again instructed AAA to hold his penis. AAA did as instructed for fear that HHH would hurt her again. She held his penis tightly as instructed. He then held AAA's hands while holding his penis to masturbate. After semen came out of his penis, he inserted his penis into AAA's vagina. Before HHH left the house at around 7:00 p.m., he again instructed AAA to clean the room. While inside the room, HHH told AAA to lie down and inserted his fingers inside her vagina.
(2) That the act of sexual assault is committed by any of the following means:
(a) By inserting his penis into another person's mouth or anal orifice; or
(b) By inserting any instrument or object into the genital or anal orifice of another person;
(3) That the act of sexual assault is accomplished under any of the following circumstances:
(a) By using force and intimidation;
(b) When the woman is deprived of reason or otherwise unconscious; or
(c) By means of fraudulent machination or grave abuse of authority; or
(d) When the woman is under 12 years of age or demented.[79] (Emphasis supplied)
The prosecution established HHH's guilt beyond reasonable doubt in Criminal Case Nos. 14-12400, and 14-12401 for two counts of Statutory Rape. [BBB complaint] |
SKIN: (-) Bite marks.
HEENT: A traumatic.
CHEST/ LUNHGS: SCE, CBS
HEART: (-) murmur
ABDOMEN: Flat non-tender
GENITALIA: Internal: (+) Abrasion all over vaginal canal
(-) Hymen
EXTERNAL: Tanner stage 1
EXTREMITIES: No bipedal edema
BREADT (sic): Tanner stage 1.[80]
The testimonies of the private complainants are not doubtful despite the fact that they continued to live with HHH after the first incident of abuse. |
Section 8. Designation of the offense. - The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it. (Emphasis and italics in the original; underscoring supplied)Accordingly, even if established during trial, the qualifying circumstance of relationship cannot affect the penalty to be imposed on HHH. He cannot be convicted of the graver offense of qualified rape, although proven, because relationship was neither alleged nor necessarily included in the six Informations filed against him.[83]
In the case of People of the Philippines v. Rolando Bagsic y Valenzuela, the Court, citing the case of People v. Ching, stressed that an accused who is found guilty of sexual assault committed against a child below 12 years of age shall suffer the higher penalty of reclusion temporal in its medium period, as provided for in Section 5 (b), Article III of R.A. No. 7610, rather than prision mayor under Article 266-B of the RPC[.][85] [Italics in the original, citations omitted]Similarly, in People v. Tulagan,[86] the Court adopted the imposable penalty of reclusion temporal in its medium period instead of applying the penalty under Article 266-B of the RPC. Thus, it is settled that the imposable penalty for Sexual Assault under Article 266-A(2) of the Revised Penal Code in relation to Section 5(b) of R.A. 7610 is reclusion temporal in its medium period. HHH, who is found guilty of sexual assault committed against a child below 12 years of age in Criminal Case Nos. 14-11713, 14-11714 and 14-12402, shall suffer the higher penalty of reclusion temporal in its medium period, as provided for in Section 5(b), Article III of R.A. 7610.
1. GUILTY beyond reasonable doubt of two (2) counts of Sexual Assault under Article 266-A(2) of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610 in Criminal Case Nos. 14-11713 and 14-11714. For each count, accused-appellant HHH is sentenced to suffer the indeterminate penalty ranging from fourteen (14) years and eight (8) months of reclusion temporal in its minimum period, as minimum, to sixteen (16) years, five (5) months and nine (9) days of reclusion temporal in its medium period, as maximum. Accused-appellant HHH is ORDERED to pay AAA the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 as exemplary damages for each count.In Criminal Case No. 14-12402, accused-appellant HHH is ACQUITTED for failure to prove his guilt beyond reasonable doubt.
2. GUILTY beyond reasonable doubt of three counts of Statutory Rape under Article 266-A(1) in relation to Article 266-B of the Revised Penal Code in Criminal Case Nos. 14-11715, 14-12400, and 14-12401. For each count, accused-appellant HHH is sentenced to suffer the penalty of reclusion perpetua. In Criminal Case No. 14-11715, Accused-appellant HHH is ORDERED to pay AAA the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. In Criminal Case Nos. 14-12400 and 14-12401, accused-appellant HHH is ORDERED to pay BBB the amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages, for each count.