People v. Jupiter Villanueva Bautista

 

People v. Jupiter Villanueva Bautista

G.R. No. 230723

February 13, 2019

FACTS:

                RTC and CA convicted Jupiter “Peter” of the crime of Forcible Abduction with Rape. On July 27, 2006 at around 4pm, AAA, 15 years old, went to San Isidro, Antipolo City to buy a gift for her mother when she was poked with a knife by a the accused together with another man and two more men at following at their back. They rode her in a tricycle and after a number of minutes the tricycle stopped. Thereon, as she was blindfolded she was forced to drink a bitter liquid and got dizzy and lost consciousness. The next day, she found herself in a tricycle with her body aching and her bra removed. As she arrived home, she noticed blood in her panties. According to his defense, he went to her girlfriend at around 1:30 to 7:30 in the evening and went to thereafter and did not even know AAA.

ISSUE:

                Whether or not he should be guilty.

HELD:

                Yes. Under Art. 342 of the RPC Forcible Abduction is committed when 1.) the victim is a woman, regardless of age, civil status, or reputation, 2.) she is taken against her will and 3.) the abduction was done with lewd designs. The crime is considered complexed when under Art. 266-A of the RPC, the abductor has carnal knowledge of the abducted woman and there is 1.) force or intimidation; 2.) the woman is deprived of reason or otherwise unconscious; or 3.) she is under 12 years of age or demented. AAA was able to clearly testify that she was only 15 years old as evidenced by her Certificate of Live Birth. It also showed according to her physical examination, there was a deep fresh laceration at the 6 o’clock position and a contusion at the 12 o’clock position. Clear, positive and credible assertions of the victim are entitled to greater evidentiary weight. Her spontaneous identification of accused-appellant, which was accompanied by hysterical crying and shouting is a clear indication that it was not subject to any influence from the police officers present. The Court has held that forcible abduction is absorbed in the crime of rape when the intent of the abductor is to have carnal knowledge of the victim. The elements for rape are: 1.) that the accused had carnal knowledge of the victim; and 2.) that said act was accomplished a. through the use of force or intimidation, b. when the victim is deprived of reason or otherwise unconscious, c. by means of fraudulent machination or grave abuse of authority, or d. when the victim is under 12 years of age or is demented. It was proved that AAA was raped wihle she was unconscious. There was intent to commit such horrific acts on her because upon arriving at the place, she was detained, the assailants tried kissing her and slapped her when she resisted. She was only released when the abductors were done having their way with her. Absent any other overt act which would show otherwise, then it is clear that the main objective of her abductors was to have carnal knowledge of her, for which they should be convicted for the crime of rape. Wherefore, Jupiter Bautista is found guilty of rape.