The Supreme Court dismissed the appeal of two accused, identified only as XXX and YYY, and affirmed with modifications the March 21, 2025 Decision of the Court of Appeals in CA-G.R. CR-HC No. 03493-MIN, in a case involving sexual offenses against a minor identified only as AAA.
In its own ruling, the Court found XXX guilty of rape and sentenced him to reclusion perpetua. It found YYY guilty of statutory acts of lasciviousness in one case and of sexual assault in another, modifying how the lower court had characterized YYY's offenses.
The Case
XXX was originally charged with rape under Article 266-A(1)(a) of the Revised Penal Code, as amended. YYY faced two separate charges: acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610, and rape through sexual assault under Article 266-A(1)(2) of the Revised Penal Code.
According to the Informations, XXX in January 2022 had carnal knowledge of AAA, a twelve-year-old minor, by inserting his penis into her vagina. On March 23, 2022, YYY was charged with committing lascivious conduct against AAA by removing her shirt and pajama and touching her breast. On July 13, 2022, YYY was charged with sexually assaulting AAA by inserting his penis into her vagina.
Upon arraignment, both XXX and YYY pleaded not guilty. A joint trial on the merits ensued.
The prosecution's case rested primarily on the testimony of AAA, supported by the corroborating statements of her paternal grandmother, BBB. AAA's Certificate of Live Birth confirmed her date of birth as July 10, 2009. On July 18, 2022, AAA underwent a physical examination at the Office of the Municipal Health Officer, which revealed hymenal lacerations at the 3, 6, and 9 o'clock positions.
AAA recounted that in January 2022, while she was home alone, XXX ordered her to undress, threatened to kill her, and forcibly penetrated her vagina. In the March 23, 2022 incident, YYY stripped off her shirt and pajamas and caressed her breasts before her resistance compelled him to leave. In the July 13, 2022 incident, YYY removed her pajamas and inserted his finger into her vagina until she struck him with a pillow and he fled.
The Issue
The Court addressed the guilt of the accused and the proper characterization and penalties for the offenses committed against AAA, including whether Republic Act No. 7610 applied to YYY's offenses.
The Ruling
The Court held that Republic Act No. 7610 does not apply because the minor child is not under the EPSOSA category. It ruled that because YYY forcibly inserted his finger into AAA's vagina on July 13, 2022, well within the effectivity of Republic Act No. 11648, the provisions of the Revised Penal Code, as amended, govern. Since AAA was 13 years old or below 16 years old, the correct nomenclature is sexual assault under Article 266-A(2) of the Revised Penal Code in relation to Section 5(b) of Republic Act No. 7610.
The Court's disposition stated: "FOR THESE REASONS, the instant appeal is DISMISSED." It affirmed with modifications, finding XXX guilty of rape and sentencing him to reclusion perpetua; finding YYY guilty of statutory acts of lasciviousness under Article 336 of the Revised Penal Code with an indeterminate penalty of six months of arresto mayor, as minimum, to four years and two months of prision correccional, as maximum; and finding YYY guilty of sexual assault under Article 266-A(2) of the Revised Penal Code, in relation to Section 5(b) of Republic Act No. 7610, with an indeterminate penalty of 11 years, nine months and one day of prision mayor, as minimum, to 16 years, four months and 10 days of reclusion temporal, as maximum.
By the Numbers
- AAA's date of birth: July 10, 2009
- AAA's age at the time of the offenses: twelve (12) years old
- Physical examination date: July 18, 2022
- Civil indemnity, moral damages, and exemplary damages: PHP 75,000.00 each in each case
- Legal interest: six percent (6%) per annum from finality until fully paid
- CA Decision: March 21, 2025, CA-G.R. CR-HC No. 03493-MIN
- G.R. No. 281138
The Court's Reasoning
The Court corrected the characterization of YYY's offenses. For the March 23, 2022 incident, YYY was found guilty of statutory acts of lasciviousness under Article 336 of the Revised Penal Code. The Court noted that the statutory Revised Penal Code penalty imposed on YYY is considerably lower than what would have been meted out under Republic Act No. 7610, and accordingly set the awards for civil indemnity, moral damages, and exemplary damages at PHP 75,000.00 each.
Reiterating Gramatica, the Court explained that the legal principles distinguishing the elements of force and intimidation from those of coercion and influence, along with the restriction of Republic Act No. 7610 to minors who qualify as EPSOSA, extend to similar sexual offenses, including rape by carnal knowledge and rape by sexual assault. Under Article 266-B of the Revised Penal Code, the prescribed penalty for sexual assault is reclusion temporal, imposed in its medium period in the absence of any modifying circumstance, with the minimum term under the Indeterminate Sentence Law drawn from prision mayor.
All monetary awards shall earn legal interest at six percent (6%) per annum from the date of finality of the Decision until fully paid.
Source: Supreme Court Decision in G.R. No. 281138.
This report summarizes a public Supreme Court decision and is not legal advice.