People v. Navarrete
REITERATIONFacts
The Antecedents: Petitioner Clement John Ferdinand M. Navarrete was charged with statutory rape of BBB, a five-year-old girl. The information alleged that on October 30, 1995, petitioner willfully, unlawfully, and feloniously had sexual intercourse with BBB. BBB testified that petitioner sexually abused her, placed his penis in her vagina twice, poked her vagina with a stick with cotton, boxed her on the eye, and pointed a knife to her throat before they watched a pornographic movie. BBB's mother testified that BBB came out of petitioner's house trembling and crying, stating "Kuya Ferdie sinundot ako." A medico-legal examination found BBB's maidenhead short, intact, and with a narrow opening, precluding complete penetration by an average-sized Filipino male organ in full erection. Procedural History: The Regional Trial Court (RTC) acquitted petitioner of statutory rape due to lack of clear proof of penetration but convicted him of acts of lasciviousness under Article 336 of the Revised Penal Code (RPC) in relation to Section 5(b), Article III of RA 7610, sentencing him to twelve (12) years and one (1) day to sixteen (16) years of reclusion temporal, and ordering him to pay P20,000.00 as moral damages and P10,000.00 fine. The Court of Appeals (CA) affirmed the RTC decision. The Petition: Petitioner assailed the CA decision, arguing that he could not be convicted of acts of lasciviousness in relation to RA 7610 when the information only charged him with statutory rape, violating his constitutional right to be informed of the accusation. He also contended that his guilt for acts of lasciviousness was not proven beyond reasonable doubt.
Issue(s)
Whether petitioner could be convicted of acts of lasciviousness under Article 336 of the RPC in relation to Section 5(b) of RA 7610 when he was charged with statutory rape. Whether petitioner's guilt for acts of lasciviousness and sexual abuse was proven beyond reasonable doubt.
Ruling
The petition is denied. The Court affirmed the decision of the Court of Appeals, upholding the conviction of petitioner Clement John Ferdinand M. Navarrete for acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b), Article III of RA 7610.
Ratio Decidendi
On the issue of conviction for a crime not specifically charged: The Court ruled that petitioner could be convicted of acts of lasciviousness even if charged with statutory rape, citing Section 4, Rule 120 of the Rules of Court on variance between allegation and proof. The Court explained that when the offense charged is included in or necessarily includes the offense proved, the accused may be convicted of the offense proved which is included in the offense charged. In this case, acts of lasciviousness are necessarily included in the crime of rape, especially when the victim is under twelve years of age, as provided under Section 5(b) of RA 7610. The Court reiterated the ruling in People v. Bon where an accused charged with rape was convicted of acts of lasciviousness. Therefore, petitioner's constitutional right to be informed of the nature and cause of the accusation was not violated. On the issue of proof beyond reasonable doubt: The Court found that the elements of acts of lasciviousness under Article 336 of the RPC were sufficiently proven. The victim, BBB, who was under twelve years of age, testified clearly and candidly about the lascivious acts committed by the petitioner, including the insertion of his penis into her vagina and the poking of her vagina with a stick with cotton. Although penetration was not proven, these acts constituted lascivious conduct. The Court also found that the elements of sexual abuse under Section 5(b) of RA 7610 were met, as BBB was subjected to lascivious conduct under the coercion or influence of the petitioner, evidenced by his pointing a knife to her throat. The Court gave full faith and credit to the victim's testimony, noting that the lone testimony of a credible offended party is sufficient in cases of acts of lasciviousness, and that children's testimonies are generally given credence. The Court also dismissed petitioner's defense of denial as inherently weak and unsubstantiated.
Main Doctrine
An accused charged with statutory rape may be convicted of acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of RA 7610, as the latter is a lesser offense necessarily included in the former, consistent with the rule on variance between allegation and proof.