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Decision 2 G.R. No. 229862 On May 23, 2006, an Information3 was filed against ZZZ charging him with the crime of rape: That on or about 11:00 o'clock (sic) on t h e ~ of the 12th day of April, 2006, in the City of Philippines and within the jurisdiction of this Honorable Court, the said accused, the live-in partner of the mother of the victim, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the victim [AAA], a minor fourteen (14) years old, against her will. 1.-, Contrary to Article 266-A, in relation to 266-B of the Revised Penal Code. 4 ZZZ pleaded not guilty to the crime charged during his arraignment on July 19, 2006. Pre-trial was held on October 25, 2006. Trial on the merits then ensued. 5 The prosecution presented AAA6 and Dr. Edalin Dacula (Dr. Dacula) as its witnesses. 7 AAA narrated that in the afternoon of April 12, 2006, she had fallen asleep after doing laundry, while her stepfather, ZZZ, was doing carpentry works. Suddenly, she woke up and found ZZZ on top of her, his lower body naked. He then sat on the floor with his penis showing and removed her short pants and underwear, after which he went back on top of her and masturbated. He took AAA' s hands and put them on his penis, 8 telling her that if she became pregnant, "he [would] be happy." 9 ZZZ then inserted his penis into her vagina "and sat, kissed her face, touched her vagina[,] and kissed her breast." 10 AAA later reiterated on cross-examination that ZZZ put his penis into her vagina. She failed to see the act, but felt it. She also felt pain on her vagina's side, caused by the penis' insertion. 11 4 6 7 9 IO 11 Id. at 39. Id. Rollo, p. 5. In People v. Cabalquinto, 533 Phil. 703 (2006) [Per J. Tinga, En Banc], !this Court discussed the need to withhold the victim's real name and other information that would compromise the victim's identity, applying the confidentiality provisions of: ( 1) Republic Act No. 7610 (Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act) and its Implementing Rules and Regulations; (2) Republic Act No. 9262 (Anti-Violence Against Women and their Children Act of 2004) and its Implementing Rules and Regulations; and (3) this Court's October 19, 2004 Resolution in A.M. No. 04-10-11-SC (Rule on Violence Against Women and their Children). CA rollo, p. 41. Id. Id. Id. Id. J

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People v. ZZZ

Jurisprudence

Case number: G.R. No. 229862

Date of decision: Hun 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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