crime charged.
Ruling:
No. Section 10, Rule 110 of the Revised Rules of Criminal Procedure states:
Sec. 10. Date of the 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 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.
Accused-appellant’s argument does not apply to the crime of rape. The only elements of rape that are relevant to the instant case are (1) carnal knowledge of a woman and (2) this was committed by using force, threat, or intimidation. A slew of cases has discussed the elements of such a crime, and the time and date of its commission are not one of these elements.
PEOPLE OF THE PHILIPPINES v. YOON CHANG WOOK G.R. No. 178199, October 5, 2009, Velasco, Jr., J.
Rape is committed by a man who has carnal knowledge of a woman through force, threat, or intimidation.
Facts:
Yoon and AAA, both Korean nationals, met in Seoul, South Korea in 1995 through a third party to whom AAA intimated her wish to send her daughter to the Philippines to study. In January 1996, Yoon enrolled AAAs daughter at Brent Southville International School in Metro Manila. Soon enough, both Korean nationals entered into a relationship which was, was short-lived owing to guilt feelings on the part of AAA and her realization that Yoon was just after her money. Sometime in April 1998, AAA, now back in Seoul, received a call from Yoon. After informing AAA that he has changed for the better and now owning a restaurant, Yoon asked AAA to come to Manila, promising to pay 80 million Won he owed her. AAA went at Yoon’s restaurant alone on June 6, 1998 at around 2:00 p.m. Yoon suddenly got hold of her neck, pushed her head down, and dragged her towards the door of the restaurant.
Once inside, Yoon and four unidentified Korean nationals brought her to the second floor of the restaurant. Yoon then stripped her of clothes while his companions punched and kicked her, gagged her mouth, bound her legs and arms, and blindfolded her. They then dragged her to the bathroom where they poured gasoline all over her body.The men scratched a lighter as if to set her on fire. There and then, Yoon asked her to copy a promissory note showing indebtedness to Yoon, which she did against her will. After she had put on her clothes, AAA was allowed to leave. When she looked into her bag, 50,000,000 and USD 350 were missing. Yoon denied raping AAA, but admitted to having a two-year relationship with her which ended in 1997 when AAA suggested that he eliminate her husband. Two complaints were filed against Yoon and four John Does, one for rape and one for robbery. The RTC rendered judgment acquitting Yoon of robbery, but convicting him of the crime of rape and the CA affirmed the decision in toto.
Page 98 of 116
Issue:
Whether or not the CA erred affirming the RTC’s decision convicting the accused of rape.
Ruling:
No. The CA was correct. Rape, in context, is committed by a man who has carnal knowledge of a woman through force, threat, or intimidation. The elements of carnal knowledge and the use of force, threat and/or intimidation have sufficiently been proved. The second element came in the form of being threatened, beaten up, bound on a chair, and blindfolded by Yoon and his bullies. But being threatened with death by fire before the molestation was perhaps the most frightful act of violence employed on AAA on the fateful day of June 6, 1998.
PEOPLE OF THE PHILIPPINES v. NELSON ABON Y NOVIDO G.R. No. 169245, February 15, 2008, Velasco, Jr., J.
The credibility of the testimony of a young incestuous rape victim cannot be diminished by an unsupported allegation that she is mentally disturbed. Considering that family honor is at stake, a minor rape victim will not fabricate a story that she was raped by her own father unless it was true.
Facts:
Nelso Abon was charged with the crime of qualified rape. He interposed denial and alibi as his defenses. He further casted doubt on AAA’s credibility by tagging her as a disturbed child who invented the accusation against him because he maltreated her. However, the court found him guilty of having raped his own daughter.
Issue:
Whether the victim’s alleged mental disturbance makes her testimony incredible.
Ruling:
No. Rape victims, especially those of tender age, would not concoct a story of sexual violation, or allow an examination of their private parts and undergo public trial, if they are not motivated by the desire to obtain justice for the wrong committed against them. Moreover, 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. Thus, great weight is given to an accusation a child directs against her father.
PEOPLE OF THE PHILIPPINES v. ABRAHAM BUNAGAN Y SONIO G.R. No. 177161 June 30, 2008, Velasco, Jr., J.
Failure of the victim to shout or offer tenacious resistance alone did not make the victim’s submission voluntary.
Page 99 of 116
Facts:
Sometime in the first week of February 2002, a 12-year old AAA passed by the house of Abraham, who was then holding a bolo. There and then, Abraham approached AAA, approached AAA, held her hands, covered her mouth with his palm, and brought her at the back of his house where he succeeded in inserting his two fingers into her vagina.
On April 2, 2003, Abraham approached AAA while armed with a bolo. Abraham brought AAA to a grassy area and inserted his penis inside her vagina. AAA tried to resist but she was threatened with a bolo.
Abraham was charged with rape by sexual assault and simple rape. In his defense, Abraham argued that the date of the sexual assault was not precisely stated. Abraham also admitted that he had carnal knowledge with AAA, but claims that their sexual relations was consensual.
Issues:
Whether or not the sexual encounters happened with AAA’s consent.
Ruling:
No. Intimidation is generally addressed to the mind of the victim. Being subjective, its presence could not be tested by any hard and fast rule but must be viewed in the light of the victim’s perception and judgment at the time of the crime. Failure of the victim to shout or offer tenacious resistance alone did not make the victim’s submission voluntary. Intimidation was established in this case when Abraham had sexual congress with her while armed with a bolo, and even warned AAA not to report the incident or else he would kill her.
PEOPLE OF THE PHILIPPINES v. REYNALDO TECZON y PASCUAL G.R. NO. 174098 September 12, 2008, Velasco, Jr., J.
Infliction of physical injury is not an essential element of rape. The gravamen of rape is carnal knowledge of a woman through force, threat, or intimidation against her will or without her consent. What is imperative is that the element of force or intimidation be proven; and force need not always produce physical injuries.
Facts:
AAA, 14 years old, accompanied her aunt to school to attend a PTA meeting. She left to get refreshments and on her way back to school, Teczon invited her to eat in his house but she refused. He then pulled out a fan knife and pointed it to the left side of her neck, dragged her to a forested area, and raped her there. Teczon was charged with rape. In his defense, he alleged that on the same day on his way to see the albularyo, he saw a boy and a girl having sex behind some tall plants 10- 15 meters away from the road. He shouted at them and they scampered in different directions and allegedly told the story to the albularyo and school’s canteen operator. The RTC convicted him of rape, which the CA affirmed.
Page 100 of 116
Issue:
Whether or not Teczon is guilty of rape.
Ruling:
Yes. He is guilty of rape. Infliction of physical injury is not an essential element of rape. What is imperative is that the element of force or intimidation be proven; and force need not always produce physical injuries. Notably, force, violence, or intimidation in rape is a relative term, depending on the age, size, strength, and relationship of the parties. In her testimony, complainant stated that accused-appellant dragged her into a forested area with a knife pointed on her neck. As correctly observed by the trial court, complainant submitted to the will of accused-appellant because of fear for her life.
Complainant could not be faulted for initially concealing the truth from her schoolmates and teacher as she was, at that time, still overcome by shock and fear. There is no standard form of reaction for a woman, much more a minor, when confronted with a horrifying experience such as a sexual assault. The actions of children who have undergone traumatic experience should not be judged by the norms of behavior expected from adults when placed under similar circumstances.
To stress, when the offended party is a young and immature girl between the ages of 12 to 16, as in this case, courts are inclined to give credence to her version of the incident, considering not only her relative vulnerability but also the public humiliation to which she would be exposed by a court trial if her accusation were untrue.
PEOPLE OF THE PHILIPPINES v. ROGER UGOS G.R. No. 181633 September 12, 2008, Velasco, Jr., J.
Rape can now be committed through sexual assault by inserting "any instrument or object, into the genital or anal orifice of another person."
Facts:
Ugos was charged with raping AAA, his 7-year old stepdaughter. While they were looking for AAA’s mother, Ugos brought AAA to a creek and undressed her and inserted his finger into her vagina four times. He bit AAA’s face and inserted his penis. He held her by the neck and boxed her in the face and stomach. Ugos denied the allegations and stated that the victim fell while looking for her mother because the road was dark and slippery. The RTC found him guilty, which the CA affirmed. Ugos contends that the testimonies of AAA and her mother reveal only the commission of acts of lasciviousness and not rape since he only inserted his finger into her sex organ.
Issue:
Whether or not Ugos is guilty of rape.
Page 101 of 116 Yes. He is guilty of rape, not mere acts of lasciviousness. The charge of rape was supported by the testimony of AAA, and the medical report on her physical injuries. Accused-appellant’s denial of the crime cannot prevail over the positive testimony of the victim. A rape victim’s straightforward and candid account, corroborated by the medical findings of the examining physician, is sufficient to convict the accused. This conclusion becomes all the more firm where, as in this case, the child-victim takes the witness stand. Previous decisions involving rape cases have shown us the high improbability that a girl of tender years would impute to any man a crime so serious as rape if what she claims is not true.
We reject accused-appellant’s argument that had he been found to have merely fingered AAA’s sexual organ, he would only be convicted of acts of lasciviousness. As held in De Castro v. Fernandez, Jr., (515 SCRA 682) the new law on rape now includes sexual assault. Although the amendment to the law on rape was made after accused-appellant was charged, it is well to point out that with its expanded definition, rape can now be committed through sexual assault by inserting "any instrument or object, into the genital or anal orifice of another person."
PEOPLE OF THE PHILIPPINES v. MOISES OLIVA ORBITA G.R. No. 172091, March 31, 2008, Velasco, Jr., J.
The accused may be convicted solely on the testimony of the victim, provided that such testimony is credible, natural, convincing, and consistent with human nature and the normal course of things.
Facts:
AAA, born on January 18, 1995, was the daughter of BBB and CCC. In 2001, accused saw BBB playing cards games at the condominium unit where he was employed as the security guard. He was dressed in civilian clothes and reeking of alcohol. He watched for about an hour before he left. BBB, who was attending to her other child, did not notice the accused leave but she remembered seeing AAA sitting on the lap of the accused. At around 1 in the morning, AAA went down the stairs, visibly frightened and walking awkwardly. AAA narrated that she was taken to the rooftop by Kuya (Brother) Jun, herein accused, and once there, the accused undressed her, laid her down near the washing area, and then raped her. BBB examined AAA’s underwear and saw bloodstains on it, which made BBB hysterical. On the same day, the rape incident was reported. Accused interposed the defenses of denial and alibi. According to him, he proceeded to the condominium unit of BBB to play tong-its, a card game, until 8:30 in the evening, and left and went back to the ground floor and took a rest. He testified that BBB and AAA concocted the rape story because BBB allegedly harbored negative feelings against him after he saw BBB embracing somebody on several occasions.
Issue:
Whether or not the accused is guilty of statutory rape.
Page 102 of 116 Yes. The accused is guilty beyond reasonable doubt. The penalty of reclusion perpetua is imposed upon him.
Conviction or acquittal in rape cases, more often than not, depends almost entirely on the credibility of the complainant’s testimony. For, by the very nature of this crime, it is usually only the victim who can testify as to its occurrence. The accused may be convicted solely on the testimony of the victim, provided that such testimony is credible, natural, convincing, and consistent with human nature and the normal course of things. And, in the evaluation of the credibility of the complainant’s testimony, the sound determination and conclusion by the trial court are accorded much weight and respect. In this case, he failed to substantiate his claim of ill motive on the part of BBB, as it is unnatural for a mother to use her offspring as a tool of malice. Moreover, AAA’s testimony was strongly supported by the evidence of the prosecution culled from the records that leaves no doubt as to her credibility. And what reinforces the credibility of her testimony is the fact that she was only six years old when she testified and, indubitably, her statements rang true.
PEOPLE OF THE PHILIPPINES v. ERNESTO MALIBIRAN G.R. No. 17347, March 17, 2009, Velasco, Jr., J.
We adhere to the following guiding principles in the review of rape cases, to wit: an accusation for rape can be made with facility; it is difficult to prove but more difficult for the accused, though innocent, to disprove; in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and the evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to draw strength from the weakness of the evidence for the defense.
Facts:
Respondent is the maternal grandfather of AAA. BBB, AAA’s mother, AAA, and her siblings stayed with Ernesto in Aurora. AAA was a child of seven. Ernesto raped her several times, i.e., around 20 times. Ernesto would usually pull her inside the room, strip her of her shorts, lay her down, go on top of her, and insert his penis into her sex organ, the process accompanied by the mashing and sucking of breasts. One afternoon, BBB noticed her father suddenly pulling AAA to the kitchen; and that is when AAA told BBB that Ernesto had mashed her breast and touched her private part. BBB filed the case against respondent. The RTC and the CA rendered a decision against respondent imposing the penalty of death. Hence, the case.
Issue:
Whether or not the pieces of evidence adduced are sufficient to convict respondent beyond reasonable doubt of two counts of Qualified Rape.
Ruling:
Yes. For the following pieces of evidence: First, the testimony of private complainant AAA was categorical and positive as to the molestations committed by Ernesto through force and threats of physical harm; Second, medical evidence provides confirmatory dimension to the fact of rape;
Page 103 of 116 Third, the defenses of denial and alibi do not foreclose the commission of rape by Ernesto; Fourth, the qualifying blood relationship between the minor AAA and Ernesto had adequately been proved.
As regard the qualifying circumstance, Minority and relationship which, in a prosecution for rape, constitute special qualifying circumstances must be alleged in the information and proved during trial. These aggravating, nay, qualifying, circumstances have been duly alleged and proved beyond reasonable doubt. In the instant case, the twin aggravating circumstances of minority of the victim and her blood ties to the offender were properly appreciated. The concurrence of the minority of the rape victim and her relationship to the offender is a special qualifying circumstance which ups the penalty.
PEOPLE OF THE PHILIPPINES v. PEPITO NEVERIO G.R. No. 182792, August 25, 2009, Velasco, Jr., J.
Under Article 266-A of the Revised Penal Code, as amended, if the victim is demented, the element of force becomes immaterial and absence of consent is presumed.
Facts:
Two Informations were filed against Pepito for the commission of rape against AAA, a mentally deficient lass. The RTC rendered a Decision, finding the accused, Pepito Neverio, a.k.a. Totoy, GUILTY in both cases, of the crime of rape. The case was subsequently appealed to the CA. The CA found that despite AAAs mental retardation, her testimony was direct, natural and unvarnished. It noted further that the physical evidence fully supports the allegations of AAA.
In his Brief, Pepito argued that the prosecution failed to prove two elements of the crime as alleged in the Information; AAAs mental retardation and the use of force and intimidation in committing the sexual act. He claimed that medical findings confirming AAAs mental retardation should have been presented; however, none was given in this case.Also, he maintained that it was incredible for him to have managed to hold a knife against AAA with one hand, while at the same time undressing and later having sex with her with only one hand free. We, however, hold that his arguments deserve scant consideration.
Issue:
Whether or not the element of force is immaterial in the crime of rape when the victim is demented.
Ruling:
Yes. Under Article 266-A of the Revised Penal Code, as amended, if the victim is demented,