People v. GGG


People v. GGG

G.R. No. 224595

September 18, 2019


                The RTC and CA convicted accused for the crime of Rape under Art. 266-A of the RPC. CCC, the 14-year-old brother of AAA, testified that on 28 February 2005, a party was held at their house in Dapitan City for the birthday of his brother EEE's daughter. Among those who attended the party was appellant. After dinner, he and his sister AAA slept in one of the bedrooms, which was visible from the sala where EEE and his guests, including appellant were still drinking Tanduay Rhum. The following morning, at 5:00 a.m., on 1 March 2005, CCC was awakened when he felt the floor shake. CCC saw a man on top of AAA having sexual intercourse with her. AAA was gasping for breath and moaning in pain. When CCC switched  on the light in the room, he saw appellant, who was only wearing a  big t-shirt but no pants, about to leave the room. Appellant asked CCC for some salt and CCC told him to get some in the kitchen. CCC was scared because appellant just raped his sister. In the afternoon, CCC went to Zamboanga to report the rape incident to his mother BBB.


                Whether or not the appellant’s guilt was proven beyond reasonable doubt.


                Yes. Article 266-B, paragraph 10 ofthe RPC, as amended, provides: ART. 266-B. Penalties. The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:  10. When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime. (Boldfacing supplied) In this case, appellant admitted that he knew that AAA is mute and mentally retarded. Since appellant knew of AAA's mental disability when appellant raped her, the proper designation of the crime committed is qualified rape. The imposable penalty for qualified rape is  death. However, in view of Republic Act No. 9346, which prohibits the imposition of death penalty, appellant's penalty is reduced to reclusion perpetua without eligibility for parole.


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