People v. ZZZ
REITERATIONFacts
The Antecedents: Accused-appellant ZZZ, father of complainants AAA (12-year-old son), BBB (10 years old at time of rape in May 2003), and CCC (14-year-old daughter), perpetrated multiple abuses. Continuously up to April 19, 2008, ZZZ inflicted emotional/psychological violence on AAA through verbal abuse, threats, intimidation, and harassment, debasing his dignity. On April 19, 2008, around 8:00 p.m., heavily drunk ZZZ arrived home, berated AAA while playing dama with sister EEE, boxed AAA causing hematoma on right upper lip, bleeding mouth, and loosened teeth; corroborated by mother DDD, EEE, and medical certificate. In May 2003 lunchtime, ZZZ took BBB (then 10) for firewood, ordered her to lie on banana leaf by irrigation canal, removed her lower garments, mounted her, inserted penis into vagina causing pain, warned silence, and threatened harm. From March 18-20, 2008 evenings, drunk ZZZ entered CCC's room, touched/fondled her vagina and breasts (right on 19th, left on 20th), embraced her placing legs between hers, smiling despite her cries; CCC feared shouting due to his cruelty/strength; brother FFF witnessed one but helpless; CCC reported to barangay councilor (no help) and called mother DDD (absent for brother's mental treatment). ZZZ has 14 children with DDD, denied all, claimed closeness and fabrication by EEE after CCC's Manila return. Procedural History: Six Informations filed: CR-08-9135 (VAWC Sec.5(i) rel.6(f) RA9262 on AAA), CR-08-9136 (VAWC Sec.5(a) rel.6(a) physical injury), CR-08-9180 (Rape on BBB, alleged 16 but testified 10), CR-08-9183/84/85 (Acts of Lasciviousness rel. RA7610 on CCC, March 18-20,2008). Arraigned not guilty, trial ensued. RTC Calapan Br.39 Oct.29,2013 Joint Decision convicted all: CR-9135 (prision cor. min 6mos1day-max 6yrs1day prision mayor +P100k fine); CR-9136 (3mos arresto mayor med +P100k); Rape (reclusion perpetua w/o parole + damages varying P15-75k +P15k fine); each Lasciviousness (reclusion perpetua w/o parole +P20/75k civ ind/moral/exemp +P15k fine). Penalties successive. CA Nov.28,2016 affirmed w/ mod (P75k each damages per Jugueta +6% interest). SC gave due course, parties adopted briefs. The Petition: ZZZ appealed denying guilt: no physical proof of mauling AAA, witnesses biased/ill will; BBB didn't resist; trial court relied on defense weakness not prosecution strength; CCC's delay/motive post-Manila.
Issue(s)
Whether accused-appellant is guilty beyond reasonable doubt of VAWC under RA 9262 on AAA. Whether accused committed qualified rape on BBB. Whether accused committed lascivious conduct under RA 7610 on CCC (3 counts). Proper nomenclature, penalties, damages, and accessories.
Ruling
Appeal denied; CA Decision affirmed with modifications: (1) CR-9135: Violation Sec.5(i) rel.6(f) RA9262, indeterminate 6mos1day prision cor min to 8yrs1day prision mayor max +P100k fine + mandatory psych counseling/report; (2) CR-9136: Sec.5(a) rel.6(a), 3mos arresto mayor med +P100k +counseling; (3) CR-9180: Qualified Rape, reclusion perpetua w/o parole +P100k each civ/moral/exemp; (4-6) CR-9183/84/85: Lascivious Conduct Sec.5(b) RA7610 each, reclusion perpetua +P15k fine +P75k each civ/moral/exemp. 6% interest on damages from finality.
Ratio Decidendi
On VAWC convictions (CR-9135/9136): Prosecution proved elements via credible testimonies of AAA, DDD, EEE, medical cert (hematoma); berating/boxing caused physical injury (slight, arresto mayor med per Sec.6(a)) and psychological violence (prision mayor per Sec.6(f), indeterminate: min prision cor, max med prision mayor absent modifiers). ZZZ's denials/self-serving rejected; RTC/CA findings binding as not trier of facts. Added mandatory counseling per Sec.6 'in addition' overlooked by lower courts. Relationship irrelevant as not qualifying/aggravating here. On Rape (CR-9180): BBB's detailed testimony (10yo, force via fear/cruelty/moral asc/father, penile insertion, pain, threat silence) proved all qualified rape elements: carnal knowledge w/o consent (force/intim/intimid), <18 (birth cert), parent-offender (Art.266-A1a/266-B1 RPC). Age discrepancy (info 16, testimony 10) bars statutory but not qualified as <18/rel alleged/proven. No resistance expected from minor vs father; credibility ironclad, no ill-motive suffices vs grave imputation. Penalty reclusion perpetua w/o parole (AM15-08-02-SC); damages P100k each (Jugueta). On Lasciviousness (CR-9183-85): CCC (14yo birth cert) detailed touching vagina/breasts/embrace-legs (lascivious per intent arouse), coerced by fear/moral asc/father, <18. Per Caoili: 12-under18 = Lascivious Conduct Sec.5(b) RA7610 (not RPC 336), penalty reclusion temp med-reclusion perpetua; relationship (admitted/alleged/proven) aggravates to max reclusion perpetua (Sec.31c). No 'w/o parole' needed (indivisible). Damages P75k each +P15k fine (Sec.31f); correct RTC/CA errors. Testimonies straightforward, no fabrication motive. On General Matters: Full review on appeal; credibility accords finality; incest stigma deters false claims; successive penalties.
Main Doctrine
In cases of lascivious conduct against children aged 12 to under 18 years old, the proper nomenclature is 'Lascivious Conduct under Section 5(b) of RA 7610,' punishable by reclusion temporal in its medium period to reclusion perpetua, with relationship to the victim (e.g., parent-child) as an aggravating circumstance warranting the maximum penalty of reclusion perpetua under Section 31(c). For qualified rape, the elements include carnal knowledge through force/threat/intimidation of a victim under 18 by a parent, punishable by reclusion perpetua without eligibility for parole to emphasize avoidance of death penalty per RA 9346 and AM 15-08-02-SC. Victim's exact age discrepancy in information does not bar conviction if minority under 18 and relationship are alleged and proven. Under RA 9262 for VAWC, violations of Section 5(i) (psychological violence) carry prision mayor penalty, applied indeterminately absent modifiers, plus P100,000 fine and mandatory psychological counseling. Factual findings on credibility in rape/child abuse cases by trial courts, affirmed by CA, bind the Supreme Court absent arbitrariness. Damages standardized: P100,000 each civil/moral/exemplary for qualified rape; P75,000 each for RA 7610 lascivious conduct; 6% interest from finality.