People v. XXXXX

 

People v. XXXXX

G.R. No. 229836

July 17, 2019

FACTS:

                The RTC and CA convicted the accused for the crime of 2 counts of Statutory Rape. he first rape incident happened in 1999 when her mother had left for work. At noontime, she was taking a nap when she felt appellant had come up to her. He removed her underwear, kissed and touched· her, and made her touch his penis. He, thereafter, inserted his penis in her vagina. She got so scared and felt so much pain in her vagina. After it was over, appellant warned her to keep silent about the incident, then, left her alone in the house. When BBB came home, she tried to tell her what happened but BBB did not believe her. Then, the second rape, happened three (3) days later. He did the same things to her and, afterwards, inserted his penis into her vagina. She was scared and again felt pain in her vagina. The same sexual abuse happened once or twice a day from 1999 to 2004. When the sexual abuse thereafter became even more frequent than before, she could bear it no longer.

ISSUE:

                Whether or not the CA erred in affirming the RTC.
HELD:

                No. 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. 2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

Article 266-B. Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua. 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 was uniformly alleged therein that appellant was AAA's stepfather and AAA was "a virgin under 12 years of age." The parties stipulated only on her minority, which means below eighteen (18) years old and not below twelve (12) years old. In any event, in view of the concurrence of the elements of relationship and age (below eighteen [18] years old), appellant indubitably committed qualified rape which warrants the imposition of the death penalty. Albeit by virtue of RA 9346, the death penalty has been reduced to reclusion perpetua.