Leonen, in his dissent in People v. Caoili, has eloquently stated, "the finger is as
much part of the human body as the penis. It is not a separate instrument or
object. It is an organ that can act as a conduit to give both pleasure as well as raw
control upon the body of another. At a certain age, when men have difficulty with
erections, his finger or any other similar organ becomes a handy tool of oppression.
This Court cannot maintain an artificially prudish construction of sexual intercourse.
When it does, it becomes blind to the many ways that women's bodies are defiled
by the patriarchy. To legally constitute the finger as a separate object not used in
"sexual intercourse" or "carnal knowledge" not only defies reality, it undermines the
purpose of the punishment under Article 266-A, paragraph 2."[48]
Thus, in view of the foregoing considerations and in order to provide an unequivocal
higher penalty in cases of rape by sexual assault committed against children, let
copies of this decision be furnished the Speaker of the House of Representatives
and the Senate President for possible legislation.
Pecuniary liability
The Court finds that pursuant to People v. Jugueta,[49] the award of damages in the
present case must be modified. As regards statutory rape, the award should be
P75,000.00 as civil indemnity; P75,000.00 as moral damages; and P75,000.00 as
exemplary damages. The same amounts should be paid by accused-appellant with
respect to the crime of rape by sexual assault. In addition, all the damages
awarded shall earn legal interest at the rate of six percent (6%) per annum from
the date of finality of the judgment until fully paid.
WHEREFORE, the appeal is denied. The 30 June 2014 Decision of the Court of
Appeals in CA-G.R. CR-HC No. 06043 is AFFIRMED with MODIFICATION.
In Criminal Case No. 1515-2009-SJC, accused-appellant Rolando Bagsic is
sentenced to suffer the penalty of twelve (12) years, ten (10) months and twentyone (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6)
months and twenty (20) days of reclusion temporal, as maximum. He is further
ordered to pay BBB the amounts of P75,000.00 as civil indemnity, 75,000.00 as
moral damages, and P75,000.00 as exemplary damages.
In Criminal Case No. 1516-2009-SJC, accused-appellant Rolando Bagsic is
sentenced to suffer reclusion perpetua. He is further ordered to pay BBB the
amounts of 75,000.00 as civil indemnity, 75,000.00 as moral damages, and
P75,000.00 as exemplary damages.
The amounts of damages awarded shall have an interest of six percent (6%) per
annum from the date of finality of judgment until fully paid.