People v. Xxx
REITERATIONFacts
The Antecedents: AAA, born on March 17, 1996 (minor at all times), daughter of accused XXX, was repeatedly raped by her father starting at age 13 in 2009, occurring 3-4 times weekly in x x x xx x x xxxx City. In 2009 (Case 158506), XXX woke 13-year-old AAA from a nap at 2 PM, pulled her, removed her shorts and panty despite resistance, and inserted his penis into her vagina; post-assault, she bled profusely and felt pain, but XXX dismissed it as menstruation when she told her mother BBB. Incidents continued coercively due to fear of death. On March 6, 2012 (Case 158508), at age 15, AAA refused advances; XXX shouted invectives, pulled her hair, forced penile insertion into her mouth (fellatio), then into her anus despite refusal. On March 7, 2012, AAA refused again due to pain/swelling ('pwerta'), XXX kicked her; she fled to a classmate's house, texted BBB, revealed all on March 9, underwent cervix surgery (5-day confinement), then filed police complaint. XXX denied, claiming spite over disciplining AAA for being naked with a boy in March 2009. Procedural History: Three Informations filed December 11, 2015 for Rape under RPC Arts. 266-A/B (qualified by minority/relationship); XXX pleaded not guilty. RTC (Branch 69, x x x xx x x xxxx City) convicted Qualified Rape by Carnal Knowledge (Case 158506: reclusion perpetua, P100k each indemnity/moral/exemplary); acquitted Case 158507 (October 2011, unproven); convicted Qualified Rape by Sexual Assault (Case 158508: 12-20 years, P30k each damages) via variance doctrine despite duplicitous info alleging fellatio + intercourse. CA (Oct 2, 2019) affirmed convictions, raised Case 158508 damages to P100k each, ruled waiver of duplicitous info (no timely quash), no right-to-information violation. XXX appealed to SC. The Petition: XXX argued: (i) acquittal in 158506 for insufficient credibility (no immediate report, inconsistent story, no medical corroboration of anal insertion/kick); (ii) 158508 info duplicitous (fellatio + intercourse), non-waivable, variance doctrine inapplicable (sexual assault not included in carnal knowledge), no proof. OSG countered: AAA's testimony credible/detailed, minority/relationship via birth cert; medical exam not indispensable; waiver of duplicitous info via no objection pre-plea/active trial participation; convict for all proven offenses.
Issue(s)
Whether XXX is guilty beyond reasonable doubt of Qualified Rape by Carnal Knowledge in Criminal Case No. 158506. Whether XXX is guilty beyond reasonable doubt of Qualified Rape by Sexual Assault in Criminal Case No. 158508, despite duplicitous Information; modified to Lascivious Conduct. Whether AAA's credibility is impeached by delayed reporting and lack of medical corroboration.
Ruling
Appeal denied. Affirmed Qualified Rape conviction (Case 158506: reclusion perpetua, P100k each damages). Modified Case 158508 to Lascivious Conduct under Sec. 5(b), Art. III, RA 7610 (reclusion perpetua due to parent relationship; P75k civil/moral/exemplary + P15k fine). All with 6% interest from finality.
Ratio Decidendi
On Qualified Rape by Carnal Knowledge (Case 158506): Prosecution proved all elements under Art. 266-A(1): XXX, father of 13-year-old AAA, used force/threat (pulled despite resistance) for carnal knowledge (penile-vaginal insertion), proven by AAA's straightforward testimony detailing nap wake-up, removal of clothes, struggle, insertion, bleeding/pain. Qualifying circumstances: minority (birth cert) and ascendant relationship (father-daughter). Penalty reclusion perpetua (no death per RA 9346). Damages P100k each per People v. Jugueta. Victim testimony alone suffices if credible, consistent with human nature; denial weak sans evidence. On Crime in Case 158508 (Modified to Lascivious Conduct): Not rape by sexual assault (Art. 266-A(2)) but lascivious conduct (RA 7610 Sec. 5(b)) per Tulagan: victim 15yo (12-18), penile-mouth insertion via coercion (hair-pulling, invectives) by father = child sexual abuse ('coercion/influence' covers force). Penalty: reclusion temporal med-max to perpetua, max (perpetua) for parent (Sec. 31(c)); damages P75k each + P15k fine (Sec. 31(f)). Duplicitous info (fellatio + intercourse) waived (no quash pre-plea, Sec. 3 Rule 120); convict for proven lascivious conduct. Variance doctrine inapplicable (sexual assault not included in carnal knowledge, distinct modes per Pareja/Abulon). On Credibility: AAA's testimony credible/positive (trial/CA observed demeanor); no external injuries/med exam not required (Zafra/Austria); delayed report logical (fear of death by father, minor's trauma unpredictable per Ramos/Agudo/Udtohan); spite-denial incredulous (daughter won't falsely accuse father of heinous crime per Austria/Descartin).
Main Doctrine
In cases of rape by sexual assault where the victim is between 12 and 18 years old, the proper conviction is lascivious conduct under Section 5(b), Article III of RA 7610, rather than under Article 266-A(2) of the RPC, as clarified in People v. Tulagan. Lascivious conduct includes the intentional insertion of the penis into the mouth of a child through coercion or influence by a parent, constituting child sexual abuse. The penalty is reclusion temporal in its medium period to reclusion perpetua, imposed in its maximum period (reclusion perpetua) when the perpetrator is the parent, per Section 31(c), Article XII of RA 7610. Failure to object to a duplicitous Information before plea constitutes waiver under Section 3, Rule 120 of the Rules of Criminal Procedure, allowing conviction for as many offenses as charged and proven. The variance doctrine does not apply to convict for rape by sexual assault when charged with carnal knowledge, as the modes are distinct. Victim's credible testimony suffices for conviction, even absent medical corroboration or immediate reporting, especially given fear of the father-perpetrator.