THIRD DIVISION
[ G.R. No. 210161, January 10, 2018 ]
PEOPLE OF THE PHILIPPINES PLAINTIFF-APPELLEE, V. BIENVINIDO UDANG,
SR. Y SEVILLA,[1] ACCUSED-APPELLANT.
DECISION
LEONEN, J.:
A single act may give rise to multiple offenses. Thus, charging an accused with rape, under the Revised Penal Code,
and with sexual abuse, under Republic Act No. 7610, in case the offended party is a child 12 years old and above,
will not violate the right of the accused against double jeopardy.
This resolves an appeal from the October 9, 2013 Decision [2] of the Court of Appeals in CA-G.R. CR HC No. 01032
affirming the conviction of accused-appellant, Bienvinido Udang, Sr. y Sevilla (Udang), for two (2) counts of rape
defined under Article 266-A, paragraph 1 of the Revised Penal Code.[3] Udang was sentenced to suffer the penalty
of reclusion perpetua on both counts and ordered to pay the private complainant civil indemnity, moral damages, and
exemplary damages.
On December 8, 2005, two (2) Informations for child abuse were filed against Udang before the Regional Trial Court
of Cagayan de Oro City. The first was docketed as Family Case No. 2006-140, the accusatory portion of which read:
The undersigned Prosecutor II accuses BIENVINIDO UDANG for the crime of CHILD ABUSE, committed as follows:
That in the later of December, 2003, at more or less 9:00 o'clock in the evening, at Lumbia, Cagayan de Oro City,
Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully,
unlawfully, feloniously and sexually abuse one [AAA], 14 yrs. old, minor by committing the following acts, to wit:
accused together with Bienvinido Udang, Jr., Betty Udang and the offended party dr[a]nk three (3) bottles of pocket
size of [T]anduay rum in the house of the accused and when offended party became intoxicated, accused brought
and carried her inside the room and undressed her by removing her . . . clothes and panty and accused placed
himself on top of her and have sexual intercourse with offended party herein, which acts of the accused had clearly
debased, degraded or demeaned the intrinsic worth and dignity of the said minor as a human being.
Contrary to and in Violation of Article 266-A in relation to Sec. 5 (b) of R.A. 7610.[4]
The second Information, docketed as Family Case No. 2006-141, read:
The undersigned Prosecutor II accuses BIENVINIDO UDANG for the crime of CHILD ABUSE, committed as follows:
That in the later part of September, 2002, at more or less 9:00 o'clock in the evening, at Lumbia, Cagayan de Oro
City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there
willfully, unlawfully, feloniously, and sexually abuse one [AAA], 14 yrs. old, minor by committing the following acts, to
wit: accused together with his [daughter] Betty Udang, Renate Yana and the offended party dr[a]nk five (5) bottles of
pocket size [T]anduay rum in the house of the accused and when offended party became intoxicated, accused
brought her inside his room, her clothings (sic) were removed and then and there accused placed himself on top of
her and have sexual intercourse with the offended party herein, which acts of the accused had clearly debased,
degraded or demeaned the intrinsic worth and dignity of the said minor as a human being.
Contrary to and in Violation of Article 266-A in relation to Sec. 5 (b) of R.A. 7610.[5]
Udang pleaded not guilty to both charges during his arraignment on June 26, 2006.[6] Joint trial then ensued.
Testimonies from prosecution witnesses, private complainant, AAA, and Dr. Darlene T. Revelo (Dr. Revelo) of the
Department of Obstetrics and Gynecology of the Northern Mindanao Medical Center, Cagayan de Oro City, proved
the following version of the facts.
One evening in September 2002, AAA, then 12 years old,[7] drank alcoholic beverages with Udang's children, her
neighbors: Betty Udang (Betty) and Bienvinido Udang, Jr. (Bienvinido, Jr.), at their house in Lumbia, Cagayan de Oro
City.[8]
After drinking five (5) bottles of Tanduay rum, AAA became intoxicated. She later realized that she was being carried
by Udang into a dark room where he laid her on the bed, undressed her, and started kissing her. [9] Udang then went
on top of AAA and inserted his penis into her vagina.[10]