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.
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