People v. Lomaque

G.R. No. 189297 · 2013-06-03 · J. BRION, J.: · Criminal Law

REITERATION

Facts

The Antecedents: AAA, born on September 15, 1985 to BBB by her first husband, began suffering sexual abuse by her stepfather Guillermo Lomaque starting at age 8 on May 8, 1993, when he smelled her private parts, caressed her breasts and vagina, and inserted his finger into her vagina while she sat on his lap pretending to remove his mustache hairs; this initial lascivious act prompted AAA to sleep at her aunt DDD's house, leading BBB to confront Lomaque after AAA's disclosure, temporarily halting the abuse. The rapes commenced on September 16, 1996 (age 11), when Lomaque embraced sleeping AAA, removed her shorts, and inserted his penis into her vagina; this repeated on September 20, 1996 (back-to-back position while others slept), January 2, 1998 (full nudity, gun threat to kill AAA and BBB if reported), April 17, 1998 (behind her while watching TV, pinning thighs), September 13, 1998 (embrace and insertion while asleep), October 24, 1998 (behind her while she hugged BBB, initially touching BBB's breasts then AAA's), February 11, 1999 (on top while kissing), and others like April 27, 1998 (vaginal touching), last week December 1998 (penis in mouth, rubbing lips). Threats and moral ascendancy silenced AAA; she became pregnant, giving birth April 1, 2000, with Lomaque initially admitting paternity before retracting; post-birth, fearing for sister CCC whom she saw Lomaque kissing, AAA sought help from Bantay-Bata 163 on June 19, 2000 with DDD, leading to medico-legal exam by Dr. Leal confirming attenuated hymen, deep healed lacerations from chronic penetration and vaginal delivery. Procedural History: Lomaque charged in 14 cases: 13 rapes (June 5, 1999; Feb 11, 1999; 2nd wk Jan 1999; last wk Dec 1998; Nov 2, 1998; Oct 24, 1998; Sep 13, 1998; Apr 27, 1998; Apr 17, 1998; Jan 2, 1998; Sep 20, 1996; Mar 17, 1999; Sep 16, 1996) under Art. 266-A(1) RPC as amended by RA 8353 re Sec. 5 RA 7610, and 1 acts of lasciviousness (May 8, 1993). Pleaded not guilty; pre-trial stipulated only minority. RTC (Br. 94, QC) convicted of 7 rapes by intercourse (Q-00-96390, 96394, 96395, 96397, 96398, 96399, 96401: reclusion perpetua each, P75k indemnity, P50k moral), 1 rape by assault (Q-00-96392: 4y2m-10y), 1 lasciviousness (Q-00-96402: 8y1d-14y8m1d, P50k each), acquitted 5 rapes on reasonable doubt (Oct 23, 2007). CA affirmed (Jul 30, 2009, CA-G.R. CR-H.C. 03163), treating as qualified rape (death, modified by RA 9346 to RP). SC required supplemental briefs; parties adopted CA briefs. The Petition: Lomaque appealed denying abuse, claiming alibi as bio-medical technician traveling (irrelevant 1992-1997 plane tickets), presence of in-laws, AAA's silence/unresistance/incredulity of crowded rapes undermine credibility; faulted full credence to AAA sans proof. OSG defended AAA's candid testimony, positive ID, medical evidence, rejection of denial/alibi.

Issue(s)

Whether prosecution proved guilt beyond reasonable doubt, hinging on AAA's credibility despite delays, non-resistance, crowded settings, and silence. Whether rapes qualified by minority/stepdaughter relationship, given proof failures. Whether variance in Q-00-96392 (alleged vaginal vs. testified oral penetration) bars conviction. Proper penalties, indemnities for simple rape, sexual assault, and lasciviousness.

Ruling

CA Decision affirmed with modifications: Guilty of 7 simple rapes (reclusion perpetua each; P50k civil, P50k moral, P30k exemplary); 1 rape by sexual assault (6y prision correccional min - 12y prision mayor max; P30k civil/moral/exemplary); 1 acts of lasciviousness re RA 7610 (14y8m RT min - 17y4m RT max; P20k civil, P15k moral).

Ratio Decidendi

On Credibility/Guilt: RTC/CA findings on AAA's credibility entitled to great weight absent overlooked facts; her testimony 'clear, candid, straightforward, spontaneous, frank' with victim-only details, positive ID of Lomaque. Delay/silence explained by age 8-14, gun threats to kill her/BBB, moral ascendancy as stepfather under same roof (People v. Domingo: fear contextual, not hard rule; People v. Ricamora/Degala/Tejero: delay ok if fear-induced). Non-resistance immaterial as intimidation substitutes (People v. Achas); no standard reaction for child victims (People v. Crespo); lust ignores place/time, rape possible in crowded/sleeping rooms with spouse/relatives (People v. Montesa/Mariano). Alibi weak: uncorroborated, tickets pre-1996-99 incidents; denial yields to positive testimony (People v. Espina/Eling). Medical: chronic penetration validated multiple abuses. On Qualifying Circumstances: Informations alleged minority/stepdaughter, minority proven (birth cert, testimony, stipulated); relationship unproven sans marriage contract between Lomaque/BBB—testimony/admission insufficient (People v. Hermocilla: definitions; People v. Agustin/Balbarona: no mere testimony; People v. Abello: best evidence rule for marriage as qualifying/aggravating hikes penalty). Thus, simple rapes (Art. 266-B par.1: RP), not qualified (death pre-RA 9346). On Variance (Q-00-96392): Alleged penile-vaginal, testified penile-oral (mouth=sexual assault, Art. 266-A(2)); no objection binds accused to proven mode (People v. Abello/Corpuz); conviction sustained, minority aggravating (lacking relationship): pris mayor max (6y1d-12y), min 1° lower full range pris corr (6m1d-6y) → 6y PC - 12y PM (People v. Bayya/Esperanza/Hermocilla/Soria). On Lasciviousness (Q-00-96402): Elements met: lascivious acts (smell/caress/insert finger vagina, Sec.2(H) IRR RA7610) w/ force/intimidation on 8yo (Art.336 RPC); RA7610 Sec.5(b): lascivious conduct on <18 exploited child. Penalty: RT med (12y1d-20y) → max w/ <12 minority aggravating (RT max 16y5m10d-17y4m); ISL min RT min (12y1d-14y8m) → 14y8m RT - 17y4m RT.

Main Doctrine

To qualify rape under the first circumstance of Article 266-B, RPC, both minority (under 18) and specific relationship (e.g., step-parent) must be alleged in the information and proven with the same quantum as the crime itself, requiring competent evidence like a marriage contract for stepfather-stepdaughter filiation, as bare testimony or admission is insufficient. When relationship fails proof despite proven minority, the rapes are simple, punishable by reclusion perpetua, with minority appreciated as a generic aggravating circumstance only if properly considered in penalty imposition for non-qualified forms like sexual assault. A variance between the alleged mode (vaginal penetration) and proven mode (oral penetration) of rape does not bar conviction for rape by sexual assault if the accused fails to object to the discrepant evidence at trial, binding him to the proven facts under settled jurisprudence. In acts of lasciviousness under Article 336, RPC in relation to RA 7610, finger insertion into a minor's vagina constitutes lascivious conduct, with minority under 12 years elevating the penalty to reclusion temporal in maximum period as aggravated. Victim credibility in child rape cases remains intact despite delays in reporting, lack of physical resistance, resumption of normal life, or commission in crowded homes, as fear from threats and moral ascendancy explain such behavior, and lust disregards time and place.