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Decision 6 G.R. No. 229862 . In its September 30, 2016 Decision, 39 the Court of Appeals denied the appeal and affirmed the trial court Judgment with modification. 40 It declared that the trial court erroneously used the word "statutory" since it was not established that AAA was below 12 years old when the crime was committed. Nonetheless, the error was harmless because the penalty meted and the monetary awards granted were for the crime of simple rape. 41 It sustained ZZZ's conviction based on AAA's "vivid recollection" 42 of how rape was committed against her. 43 The Court of Appeals did not give merit to ZZZ's argument that the prosecution failed to prove the presence of force, intimidation, threat, fraud, or grave abuse of authority. 44 Citing People v. Arpon, 45 it held that the moral influence or ascendancy of the common-law spouse of the victim's mother replaced the elements of violence and intimidation. 46 Likewise, the Court of Appeals gave no merit to either AAA' s recantation or the argument that her lack of hymenal laceration negated the crime of rape. 47 The dispositive portion of the Court of Appeals Decision read: WHEREFORE, the appeal is DENIED. The Judgment dated June 25, 2013, of the Regional Trial Court, Branch 63, Bayawan City, in Criminal Case No. 529 is hereby AFFIRMED, but with modification only in that the word "statutory" in the dispositive portion thereof is DELETED. SO ORDERED. 48 Hence, ZZZ appealed his case before this Court. 49 On April 5, 201 7, this Court issued a Resolution 50 requiring the parties to file their supplemental briefs. The parties filed their respective 51 Manifestations, stating that they would no longer file their supplemental 39 40 41 42 43 44 45 46 47 Rollo, pp. 4-13. Id. at 13. Id.at8-10. Id. at 10. Id. at 8-10. Id.atl0. 678 Phil. 752 (2011) [Per J. Leonardo-De Castro, First Division]. Rollo, p. I 0. Id. at I 0-12. 48 Id. at 13. 49 Id. at 14-16. Id. at 20-21. Id. at 22-25, Manifestation for plaintiff-appellee, and 27-28, Manifestation for accused-appellant. 50 51 J

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People v. ZZZ

Jurisprudence

Case number: G.R. No. 229862

Date of decision: Jun 19, 2019

Year of decision: 2019

GBV Case Type

Child Rape
Minor
Rape

Nature of the case: The accused, who is the common-law spouse of the victim’s mother by means of force and intimidation, had carnal knowledge of the victim, a minor fourteen (14) years old, against her will in Bayawan City, Negros Oriental. The accused argues that the crime of statutory rape was not proven because the prosecution failed to sufficiently establish victim’s minority, which the trial court also noted. He further avers that since the case does not involve statutory rape, the presence of force, intimidation, threat, fraud, or grave abuse of authority must be established in the alleged crime's commission. He contends that the prosecution failed to show these circumstances. The court is not convinced. The accused’s argument that force, intimidation, threat, fraud, or grave abuse of authority was not present has no leg to stand on. The Court ruled that abuse of moral influence is the intimidation required in rape committed by the common-law father of a minor. Thus, the accused is found guilty beyond reasonable doubt of rape, as punished under Article 266-B of the Revised Penal Code. He is sentenced to suffer the penalty of reclusion perpetua.

Summary of outcome: The offender is sentenced to suffer the penalty of reclusion perpetua and ordered to pay the victim 1) Seventy-Five Thousand Pesos (P75,000.00) as moral damages; (2) Seventy-Five Thousand Pesos (P75,000.00) as civil indemnity; and (3) Seventy-Five Thousand Pesos (P75,000.00) as exemplary damages. All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of the Decision until its full satisfaction.

Observatory: Gender-Based Violence

Ponente: LEONEN, J.:

Long title: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ZZZ, ACCUSED-APPELLANT.DECISION

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Latitude: 9.384035

Longitude: 122.789224

: Geolocation 1

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People v. ZZZ

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