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Decision 3 G.R. No. 229862 Dr. Dacula, who conducted the medical examination on AAA, testified that she had found redness and abrasion on the right side of the victim's labia minora, "caused by a smooth, soft objecf'' 12 as indicated in the Medico-Legal Report. 13 Meanwhile, the defense presented as witnesses: (1) AAA's mother BBB; (2) ZZZ; and (3) AAA, on her affidavit of recantation. 14 BBB testified that ZZZ had been her common-law spouse for four (4) years. At 10:00 a.m. on April 12, 2006, she and her stepdaughter, CCC, went for a 30-minute walk to the barangay hall to request a toilet bowl, as instructed by ZZZ. They went back home after being told that the toilet bowl was not yet available. 15 When she arrived at their house, BBB was surprised to see that the door and window were shut. Upon opening the door, she saw AAA sitting and ZZZ standing, both silent. BBB got mad and whipped ZZZ with a plastic hose, but he remained silent. 16 Thinking that her daughter was raped, BBB brought AAA to the barangay hall. Then, with the assistance of the Department of Social Welfare and Development and the police, they went to City for 17 AAA's physical examination. On cross-examination, BBB stated that she brought AAA to the barangay hall "because her vision at that time was blurred as if she cannot notice a person[.]" 18 Maintaining that their house was closed when she first arrived from the barangay hall, she reiterated seeing ZZZ and AAA inside when she opened the door and thinking that her daughter was raped. 19 ZZZ testified that he was BBB's common-law spouse. He took AAA as his stepdaughter, supporting her since childhood. He narrated that at 6:00 a.m. on April 12, 2006, he was working on the kitchen in their house while AAA and DDD did the laundry. Meanwhile, BBB proceeded to the barangay hall to check if the toilet bowl they requested was already available. 12 Id. 13 Id. 14 Id. at 42-43. Id. at 42. 15 16 Id. i1 Id. Id. Id. is 19 f

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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

Geolocation 1

Latitude: 9.384035

Longitude: 122.789224

: Geolocation 1

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People v. ZZZ

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