People v. HHH

G.R. No. 248245 · 2020-08-26 · J. CARANDANG, J.: · Criminal Law

REITERATION

Facts

The Antecedents: Accused-appellant HHH, father of minor victims AAA (born Sept. 15, 2003, 11 years old), BBB (born Aug. 26, 2002, 10-13 years old during incidents), and CCC (born Jan. 24, 2001, 11-13 years old), sexually abused his daughters with common-law spouse DDD in Angeles City. For AAA on May 13, 2014: At 7:00 a.m., HHH embraced her from behind, made her lie on a mat, forced her to hold his penis under threat of cigarette burn on her left cheek (which he did when she resisted), spanked her with wood, inserted penis in her anus, and licked her vagina, saying 'Manahimik ka minisan lang ito. Katagal tagal mo na itong ginagawa tapos sasabihin mo ito ngayon.' At 12:00 p.m., he forced her to masturbate him until semen discharged, then inserted penis in her vagina. At 7:00 p.m., while cleaning, he inserted middle finger in her vagina. AAA delayed reporting fearing for siblings but disclosed after learning BBB and CCC suffered similarly. For BBB in 2012 (age 10): HHH kissed her while cleaning, made her lie on floor, inserted penis in vagina asking 'Ito masarap?' despite her cries 'Hindi po! Hindi!'; another time, woke her, fingered vagina, removed underwear, mounted and had intercourse. For CCC: In March 2012 (age 11), woke naked feeling vaginal pain; another time shorts removed, forced to masturbate his penis ('Hawakan mo ito at ganun ganunin mo') while he fingered her vagina, ignoring her pleas to stop and demanding 'Bilisan mo!'. Incidents in shared house with multiple families. HHH denied, claiming work as jeepney driver in Xevera, Mabalacat on May 13, 2014 7 p.m., cared for by aunt EEE. Procedural History: Six Informations filed: Nos. 14-11713/14 (Rape by Sexual Assault, AAA finger insertion 7 p.m. May 13, 2014; multiple acts 7 a.m. May 13 incl. anal/licking); 14-11715 (Statutory Rape, AAA vaginal 12 p.m. May 13); 14-12400/12401 (Statutory Rape, BBB 2012 two vaginal penetrations); 14-12402 (Rape by Sexual Assault, CCC March 2014 masturbation/fingering). RTC Branch 59 Angeles City convicted HHH of all: Sexual Assault (11713/14/12402, indeterminate 6-10 yrs prision correc/mayor); Statutory Rape (11715/12400/12401, reclusion perpetua); damages varying P30K-P75K civil/moral/exemplary; dismissed RA 7610. CA affirmed conviction but modified damages per People v. Jugueta (P100K statutory; P75K sexual assault +6% interest). HHH appealed alleging defective infos (vague dates), incredible testimonies (cohabitation, crowded house, coached), failure to prove elements, med reports insufficient. The Petition: HHH argued infos for BBB/CCC cases defective ('on/about 2012/March 2014') violating right to be informed (Const., Rule 110 Sec.11), impairing alibi preparation; AAA/BBB testimonies doubtful (no immediate report, lived together, crowded house, BBB immature/coached); elements unproven (no force for carnal knowledge, med reports inconclusive); relationship not qualifying sans allegation. OSG countered: dates collateral for minors' trauma; credible unflinching testimonies corroborated by med exams (AAA: cheek abrasion, cervical lacerations 3/6/9/12 o'clock; BBB: vaginal abrasions, no hymen); fear explains delay/cohabitation; lust ignores publicity; recommend max indeterminate + Jugueta damages.

Issue(s)

Whether the Informations in Criminal Case Nos. 14-12400, 14-12401, and 14-12402 are defective for alleging approximate dates ('on or about the year 2012' and 'month of March 2014'), depriving accused of right to be informed of charges. Whether prosecution proved guilt beyond reasonable doubt for two counts Rape by Sexual Assault (Nos. 14-11713/14, AAA), one Statutory Rape (No. 14-11715, AAA), two Statutory Rapes (Nos. 14-12400/01, BBB), and one Rape by Sexual Assault (No. 14-12402, CCC), including assessment of credibility, cohabitation, and the impact of a crowded house. Whether correct penalties, nomenclature, and damages imposed, considering the relationship between the parties.

Ruling

The CA Decision affirmed with modifications is SET ASIDE. HHH GUILTY of: (1) Two counts Sexual Assault under Art. 266-A(2) RPC re Sec. 5(b) RA 7610 (Nos. 14-11713/14), indeterminate 14 yrs 8 mos reclusion temporal min to 16 yrs 5 mos 9 days max each, P50K each civil/moral/exemplary to AAA; (2) Three counts Statutory Rape under Art. 266-A(1) re 266-B RPC (Nos. 14-11715/12400/12401), reclusion perpetua each, P100K each civil/moral/exemplary (AAA P100K No.11715; BBB P100K each 12400/01). ACQUITTED in No. 14-12402 (CCC). 6% interest on all damages from finality.

Ratio Decidendi

On Information defect and date variance (Issues 1 & 4 re CCC): Per Sec. 11 Rule 110, precise date not required unless material; approximate 'on/about year 2012' valid for BBB cases given minor's trauma impairing recall (People v. Jampas), no prejudice as not alibi-dependent. However, for CCC No.14-12402 ('March 2014'), testimony/Judicial Affidavit specifies March 2012 incident only ('after March 2012 nothing happened'), two years variance surprises/prejudices accused (variance doctrine), violating due process/right to be informed (Const. Art. III Sec.14(2); People v. Jampas). Acquittal warranted as prosecution bound by info allegations; cannot prove unalleged date. On guilt for AAA cases (Nos. 14-11713/14/11715) and BBB cases (Nos. 14-12400/01) and credibility/cohabitation/crowded house: Elements proven for AAA cases: AAA (under 12) detailed three May 13, 2014 incidents unflinchingly - 7am: forced masturbation/threats/burn/spanking/anal penetration/licking (Sexual Assault 11714); 12pm: masturbation to ejaculation then vaginal penetration (Statutory Rape 11715); 7pm: finger vagina (Sexual Assault 11713). Corroborated by Dr. Mandal: cheek abrasion (1x1cm), erythematous labia minora, healed cervical lacerations 3/6/9/12 o'clock (consistent w/ finger/penis). Statutory Rape (266-A1(d)): carnal knowledge of <12 yo presumed non-consent; Sexual Assault (266-A2(b)/(d)): finger/penis in anus/vagina on <12 yo. Nomenclature modified to Sexual Assault re RA 7610 Sec.5(b) (Tulagan/Franco); penalty reclusion temporal med. period (higher than RPC 266-B) - ISL: min 14y8m RT min, max 16y5m9d RT med. On guilt for BBB cases (Nos. 14-12400/01): Two 2012 incidents (age 10): kissing/laying floor/vaginal penetration ('Ito masarap?' vs cries); waking/fingering/removing underwear/mounting/intercourse. Elements: <12 carnal knowledge (Statutory Rape 266-A1(d)). Bolstered by Dr. Caranto: vaginal canal abrasions, no hymen (Tanner 1 unusual for 13yo), caused by blunt object 7days prior. Date approximation excused. Child testimonies candid/consistent/shaken cross-exam, full credit (youth=truth badge; People v. Vergara); no motive vs father; fear/loss family violence explains no flight/report delay (post-disclosure united). Lust defies place/time (People v. Pareja); shared house irrelevant (not secluded needed). On penalties/damages/relationship: Relationship proven/admitted but unalleged, cannot qualify (Rule 110 Sec.8; People v. Dadulla) - no death penalty. Damages: P100K each civil/moral/exemplary statutory rape (Jugueta); P50K sexual assault (Tulagan); 6% interest finality.

Main Doctrine

In cases of sexual assault committed against a minor under 12 years of age, the proper nomenclature is 'Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5(b) of RA 7610,' displacing the old 'Acts of Lasciviousness' under Article 336 RPC, as clarified in People v. Tulagan. The imposable penalty is reclusion temporal in its medium period (14 years, 8 months, 1 day to 17 years, 4 months, 20 days), taking precedence over prision mayor under Article 266-B RPC, pursuant to the special penal law's higher penalty for child abuse under RA 7610, as reiterated in Franco v. People. The precise date of commission is not a material element of rape or sexual assault and need not be stated with ultimate precision in the information per Section 11, Rule 110, Rules of Court, especially given the traumatic nature impairing victims' recall; however, conviction cannot stand if testimony describes an incident outside the alleged period (e.g., March 2012 vs. 'on or about March 2014'), violating the accused's right to be informed under the Constitution and Rule 110, Sec. 11. Qualifying circumstances like relationship must be specifically alleged in the information to upgrade to qualified rape imposing death or reclusion perpetua without indigency, per Section 8, Rule 110. Testimonies of child victims, corroborated by medical evidence, are accorded full faith and credit absent ill motive, as youth and immaturity signify truth; continued cohabitation post-abuse does not discredit due to fear of parental authority and familial bonds.