People v. Padlan
REITERATIONFacts
The Antecedents: AAA, a 9-year-old girl from Meycauayan, Bulacan, lived with her family and accused Amante Padlan y Leones @ Butog, who was under their care since August 15, 2003 after being left by his adoptive guardian Alvin Padlan. On August 7, 2005, at around 1:00 p.m., while AAA was sleeping in their house, Padlan woke her, made her stand, caressed and touched her vagina until aroused, removed their clothes, laid her down, and inserted his penis briefly into her vagina causing her to shout in pain ('Aray!'), then withdrew and inserted his finger similarly, stopping due to pain; he threatened to kill her mother if she told. On September 27, 2005 evening, Padlan lured AAA outside claiming her mother BBB wanted her to borrow money from Ate Sharon, leading her to an aratiles tree where he removed her shorts and underwear, inserted his penis into her vagina until satisfied, and she returned home alone. On September 28, 2005, while AAA slept in her sister's room as BBB gathered kangkong outside, Padlan touched and rubbed her vagina, prompting her to flee to her mother. The next day, AAA complained of vaginal pain; BBB examined and saw swelling and pus, whereupon AAA revealed Padlan's acts; BBB confronted Padlan who admitted raping AAA twice; AAA's brother reported to police, leading to Padlan's arrest and AAA's medico-legal exam at Camp Crame. Procedural History: Three Informations filed before RTC Malolos City, Branch 18: two for Rape under RPC Art. 266-A in rel. RA 7610 (Aug 7 & Sep 27, 2005, both alleging carnal knowledge plus finger insertion on 9-yo AAA via force/intimidation, affecting emotional/psychological well-being); one for Acts of Lasciviousness under RPC Art. 336 in rel. RA 7610 Sec. 5(b) (Sep 28, 2005, touching vagina of 9-yo minor via force/intimidation). Padlan arraigned Oct 24, 2005, pleaded not guilty; trial ensued with prosecution (AAA, BBB) vs. defense (Padlan). RTC convicted Nov 10, 2011: reclusion perpetua each rape (P50k civil/moral); for lasciviousness, 5 mos 11 ds arresto mayor min to 2 yrs 4 mos 1 dy prision correc max (no RA 7610 penalty as info allegedly unspecific). CA affirmed Apr 15, 2014 w/ mods (damages up: P75k civil/moral, P30k exemplary for rapes; 6% interest); Padlan appealed to SC. The Petition: Padlan argues RTC/CA erred in convicting despite failure to prove guilt beyond reasonable doubt, claiming presumption of innocence not overcome; challenges AAA's credibility as 9-yo; asserts alibi—Aug 7 in Nueva Ecija buying vegetables till 2am next day; Sep 27-28 resting/selling/collecting payments/watching TV at AAA's house/market, never encountering her; denies knowledge of accusations, no improper motive shown.
Issue(s)
Whether the trial court erred in finding accused guilty of two counts of statutory rape, considering the victim's credibility and accused's alibi. Whether the trial court erred in imposing the penalty for acts of lasciviousness under RPC Art. 336 instead of in relation to RA 7610 Sec. 5(b), considering the elements of the crime. Whether the awarded damages for rape and acts of lasciviousness should be modified.
Ruling
The April 15, 2014 CA Decision is AFFIRMED with FURTHER MODIFICATIONS: (1) For two rapes (Crim Cases 2755-M-2005 & 2756-M-2005), reclusion perpetua; damages P75,000 each civil/moral/exemplary +6% interest from finality; (2) For acts of lasciviousness (Crim Case 2757-M-2005), indeterminate 12 yrs 10 mos 21 ds reclusion temporal min to 15 yrs 6 mos 20 ds max; damages P20k civil, P15k moral/exemplary each, P15k fine +6% interest.
Ratio Decidendi
On Guilt for Statutory Rape (Crim Cases 2755 & 2756): All elements under RPC Art. 266-A(1)(d) proven: AAA under 12 (9-yo per birth cert Aug 20, 1996 Exhibit B); Padlan had carnal knowledge via penile-vaginal insertion on Aug 7 (woke her, touched vagina, undressed, inserted penis briefly then finger, per TSN Jan25/May29/Oct23 2006 detailing pain/shouts) & Sep 27 (lured to aratiles tree, removed clothes, inserted penis, TSN Oct23). No need force/threat as statutory; AAA's categorical, straightforward testimony as tender 9-yo unlikely to fabricate absent motive (People v. Veloso citing Salazar); RTC/CA credibility findings affirmed—no overlooked facts, trial judge observed demeanor. Padlan's denial/alibi weak: uncorroborated (no employer witness), not physically impossible (Nueva Ecija-Bulacan accessible, rested at locus criminis Sep27-28); positive ID prevails (People v. Amistoso, Viojela). On Acts of Lasciviousness (Crim Case 2757): RTC/CA erred imposing RPC Art. 336 light penalty; Info explicitly 'Art. 336 RPC in rel. RA7610 Sec.5(b)', alleging 9-yo minor, force/intimidation, touching vagina affecting psyche—meets RPC Art.336 (lascivious act on minor under12) + RA7610 requisites (lascivious conduct: intentional genitalia touch w/ intent abuse/arouse per IRR Sec.2(h); child<18 subjected to sexual abuse via adult coercion/influence, no prostitution needed per People v. Aycardo/Olivarez). Penalty: reclusion temporal medium (14y8m1d-17y4m); ISL applies w/ RPC effects (People v. Simon/Santos/Dulla): no mod circs, min from rt min (12y10m21d-14y8m), max rt med (15y6m20d-16y5m9d), imposed 12y10m21d min-15y6m20d max. On Damages: Rapes: Per Jugueta (reclusion perpetua), P75k each civil/moral/exemplary (up from CA P75k civil/moral P30k exemplary); Lasciviousness: P20k civil, P15k moral/exemplary, P15k fine (Aycardo/Quimvel). All +6% interest finality.
Main Doctrine
In cases of acts of lasciviousness committed against a child under twelve (12) years of age, where the Information charges the offense under Article 336 of the RPC in relation to Section 5(b), Article III of RA 7610, and alleges the victim as a minor with specific lascivious acts like touching the vagina through force or intimidation, the penalty is reclusion temporal in its medium period (14 years, 8 months, and 1 day to 17 years and 4 months), not the lighter penalty under RPC Art. 336 alone. This applies because the victim is deemed subjected to 'other sexual abuse' under RA 7610 due to coercion or influence by an adult, without requiring exploitation in prostitution. The Indeterminate Sentence Law governs, with the minimum drawn from reclusion temporal minimum (one degree lower) and maximum from reclusion temporal medium, absent modifying circumstances. For statutory rape under Art. 266-A(1)(d), carnal knowledge of a girl under 12 is sufficient, proven by birth certificate and victim's straightforward testimony detailing penile insertion. Testimonies of child victims, especially those of tender age who comprehend little of sexuality, merit full credence absent motive to falsely accuse, outweighing uncorroborated alibi not showing physical impossibility of presence at the crime scene. Damages for statutory rape with reclusion perpetua are P75,000 civil indemnity, P75,000 moral, and P75,000 exemplary, per People v. Jugueta; for RA 7610 lasciviousness, P20,000 civil, P15,000 moral/exemplary each, and P15,000 fine.