People v. Chavez
G.R. No. 235783
September 25, 2019
FACTS:
The RTC
and CA convicted the accused for the crime of violating Sec 5 (b) of RA 7610. On
28 April 2010, BSF Edelito A. Aranda (BSF Aranda), a member of the Barangay
Security Force of Pasig·City, took the witness stand. According to BSF Aranda,
on 18 May 2009, he was on duty at the time BBB's mother called them to report
that Estong raped BBB. Upon receiving the complaint, BSF Aranda proceeded to
the house of BBB' s mother. However, during that time, through the help of
Bautista, Estong had already escaped. BSF Aranda then chased Estong to Maybunga
where BSF Aranda arrested Estong. On 20 October 2010, BBB, the second victim,
took the witness stand. BBB, who was then fourteen (14) years old during the
alleged rape, testified that on 17 May 2009 at around 8:30 in the evening,
while BBB was at her neighbor's house, AAA called her. After going down to her
neighbor's house, Bautista called BBB to buy ice and softdrinks. BBB then
bought the items and brought the same to the house ofEstong and Bautista.
Bautista then closed the door and told BBB that they would just play cards.
Estong, who was in the same room, then undressed BBB and caressed BBB's vagina. Estong then mashed and licked BBB's breast.
According to BBB, Bautista was just watching while she was being sexually
abused by Estong. The daughter of t BBB's neighbor saw them and kicked the
door, forcing Estong to open it. The
said neighbor then requested the barangay officials to arrest Estong. According
to BBB, she and AAA were friends and neighbors. BBB alleged that the sexual
abuse committed to her had affected her schooling.
ISSUE:
Whether
or not Estong is guilty of rape under Art. 266-A par. 1(a) of the RPC
HELD:
Article
266-A of the Revised Penal Code, as amended by Republic Act No. 8353, defines
the crime of rape, to wit: ART. 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 is otherwise unconscious; ( c)
By means of fraudulent machination or grave abuse of authority; (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.
The
action ofEstong in placing an x-rated film which both Estong and AAA watched,
if any, amounts to inducement or enticement under sexual abuse cases under RA 7610 but not
to force or intimidation as an element of rape under the Revised Penal Code. In
this case, what is clear is that AAA was aware of previous sexual advances by
Estong and yet AAA still heeded the invitation of Estong. Moreover, AAA
admitted that she repeatedly went to Estong's house whenever he would call her.
Such is not the usual conduct of a rape
victim. In fact, if there were indeed previous sexual encounters against her
will, under ordinary circumstances, AAA would have avoided Estong and would
have stayed away from Estong' s house. The existence bf willingness on the part
of the victim, AAA, shows reasonable doubt that the carnal knowledge between
AAA and Estong was not un-consensual'. Accordingly, Estong must be acquitted of
the charge of rape. Estong is guilty of the crime of sexual abuse under Section
S(b) of RA 7610 against BBB. Bautista participated in the sexual abuse as an
accomplice.
