The Supreme Court denied the appeal of accused-appellant XXX274442 and found him guilty beyond reasonable doubt of two counts of qualified rape by sexual intercourse and one count of qualified rape by sexual assault, committed against a 16-year-old victim in Naga City, Camarines Sur.
The Case
XXX274442 was charged with two counts of rape by sexual intercourse under Article 266-A, paragraph 1 of the Revised Penal Code, as amended by Republic Act No. 8353, and one count of rape by sexual assault under paragraph 2 of the same provision, under three separate Informations. Upon arraignment, he entered a plea of not guilty in all charges.
According to the version of the prosecution, on November 19, 2010, at around 3:00 a.m., then 16-year-old AAA274442 was alone, sleeping in her room. She was awakened by someone knocking on her door. When she turned on the light and opened the door, she saw a stranger holding a kitchen knife. The man threatened to kill her if she shouted or said a word.
The man undressed AAA274442 and began kissing her lips and breast. He then proceeded to insert his penis into her vagina. Thereafter, he pushed his penis into her mouth, causing her to vomit. He then inserted his penis into her vagina for a second time.
While still at the house, the man told AAA274442 they should meet at the school pavilion at 2:00 p.m., said his name was Robert, and that he would call her "Honey." AAA274442 later used this information to entrap her rapist. She stored in separate Ziplock containers her first pee that day, a tissue swabbed with her saliva, and her pajama, blanket, and shirt.
When her father BBB274442 returned home, she revealed that she was raped. She reported the crime at the police station and later underwent a medico-legal check-up at the National Bureau of Investigation. The identity of the accused was traced through a Facebook message and his batchmate Regalado, who confirmed that Robert's real name was XXX274442.
The Issue
The question before the Court was whether XXX274442 was properly convicted of two separate counts of rape by sexual intercourse and one count of rape by sexual assault, and whether the criminal acts were committed with separate criminal intent.
The Ruling
The Court denied the appeal and affirmed the conviction. In its own disposition, the Court declared: "ACCORDINGLY, the appeal is DENIED."
The Court found XXX274442 guilty beyond reasonable doubt of qualified rape by sexual intercourse in Criminal Case Nos. RTC 2011-0176 and RTC 2011-0177, sentencing him to reclusion perpetua for each count. For Criminal Case No. RTC 2011-0178, he was found guilty of qualified rape by sexual assault and sentenced to imprisonment of 6 years of prision correccional as minimum to 14 years and 8 months of reclusion temporal as maximum.
By the Numbers
- Date of the crime: November 19, 2010, at around 3:00 a.m.
- Age of the victim: 16 years old
- Three criminal cases: RTC 2011-0176, RTC 2011-0177, RTC 2011-0178
- For each count of rape by sexual intercourse: PHP 75,000.00 civil indemnity; PHP 75,000.00 moral damages; PHP 75,000.00 exemplary damages
- For rape by sexual assault: PHP 50,000.00 civil indemnity; PHP 50,000.00 moral damages; PHP 50,000.00 exemplary damages
- Legal interest: 6% per annum from the date of finality until fully paid
The Court's Reasoning
Citing People v. Lucena, the Court explained that separate penetrations committed successively, each with a separate criminal intent, warrant separate convictions. In that case, the accused was convicted of three counts of rape by sexual intercourse due to three penetrations that occurred successively.
The Court held that the criminal acts in this case were committed successively, each with a separate criminal intent. After satiating his lust from the first penetration, the accused committed sexual assault by forcing his penis into the victim's mouth, and then proceeded to insert his penis into her vagina for a second time. The Court inferred that he was not motivated by a single criminal impulse, and thus he must be convicted of two separate counts of rape by sexual intercourse and one count of rape by sexual assault.
Under Article 266-B of the Revised Penal Code, as amended, the use of a deadly weapon qualifies the crime of rape by sexual intercourse. The Court applied People v. Jugueta for the amounts of damages and the Indeterminate Sentence Law for the penalty in the sexual assault case. It also directed the Department of Social Welfare and Development to refer the private complainant to the appropriate rape crisis center, in line with Republic Act No. 8505, the Rape Victim Assistance and Protection Act of 1998.
Source: Supreme Court Decision, G.R. No. 274442, penned by Associate Justice Samuel H. Gaerlan.
This report summarizes a public Supreme Court decision and is not legal advice.