PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. XXX,[1] ACCUSED-APPELLANT.
FACTS: Three Information for rape were filed against XXX, who was accused of sexually abusing his minor daughter, AAA, in separate incidents from 2009 to 2012. The prosecution presented AAA’s testimony that her father committed repeated acts of sexual abuse through force and intimidation. Out of fear, she kept silent until she later disclosed the incidents to her mother and filed a complaint with the authorities. Medical findings supported her account. The accused denied the charges and claimed they were fabricated as revenge for disciplining AAA. The Regional Trial Court (RTC) found XXX guilty beyond reasonable doubt of two offenses: (1) qualified rape by carnal knowledge and (2) qualified rape by sexual assault. The court held that the prosecution’s evidence, particularly AAA’s credible and consistent testimony, proved the elements of the crimes. The Court of Appeals (CA) affirmed the conviction on October 2, 2019, finding no reason to doubt AAA’s testimony and rejecting XXX’s denial. The CA ruled that while one of the Informations was technically defective, XXX waived his right to question it by failing to raise the issue before trial. ISSUE : Whether or not XXX is guilty beyond reasonable doubt of (i) qualified rape by carnal knowledge in Criminal Case No. 158506; and (ii) qualified rape by sexual assault in Criminal Case No. 158508. HELD: XXX is guilty beyond reasonable doubt of Qualified Rape in Criminal Case No. 158506. In the case at bar, the prosecution proved XXX's guilt beyond reasonable doubt for qualified rape through sexual intercourse as charged in Criminal Case No. 158506. AAA narrated the sordid details of the sexual abuse she suffered in XXX's hands. The linchpin of her testimony was that he raped her by inserting his penis into her vagina despite her struggles and protests. He forcibly inserted his penis into AAA's vagina, despite her protests. AAA's minority at the time of the rape incident, as well as her relationship with XXX, were established through her Certificate of Live Birth. XXX is guilty of Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610 in Criminal Case No. 158508. In the seminal case of People v. Tulagan (Tulagan), the Court clarified that in the crime of rape by sexual assault, if the victim is 12 years old and below 18 years old, or at least 18 years old under special circumstances, instead of convicting the accused of rape by sexual assault, the proper crime should be lascivious conduct under Section 5(b), Article III of R.A. No. 7610, with the corresponding penalty of reclusion temporal in its medium period to reclusion perpetua. the Court expounded on the meaning of the phrase "children exploited in prostitution,". XXX forcibly inserted his penis into AAA's mouth to arouse and gratify his sexual desire, when the latter was fifteen (15) years old. AAA related the details of the harrowing ordeal she suffered in the hands of her father XXX waived his right to question the Information in Criminal Case No. 158508, and thus, may be convicted of all the crimes charged and proven. A reading of the Information in Criminal Case No. 158508 shows that XXX was charged with two distinct offenses – inserting his penis into AAA's mouth and having carnal knowledge of her. This duplicitous Information transgresses Section 13, Rule 110 of the Rules of Criminal Procedure, which ordains that "[a] complaint or information must charge only one offense, except when the law prescribes a single punishment for various offenses. The records reveal that XXX failed to timely interpose an objection against the duplicitous Information. He simply entered his plea of not guilty during his arraignment, without questioning the defective Information, and even actively participated throughout the trial. The alleged lacuna in AAA's Medical Certificate, and her failure to immediately report the incident do not tarnish her credibility. the Court stressed that the absence of external signs or physical injuries on the complainant's body does not necessarily negate the commission of rape. The primary consideration in the prosecution of rape is the victim's testimony and not the findings of the medico-legal officer. In fact, a medical examination of the victim is not indispensable in a prosecution for rape. Rather, the victim's testimony alone, if credible, is sufficient to convict. In view of the peculiar nature of rape cases, a conviction often rests solely on the basis of the offended party's testimony as long as it is credible, natural, convincing, and consistent with human nature and the normal course of things. it was stressed that the fact of rape and the identity of the perpetrator may be proven through the lone, uncorroborated testimony of the victim, which is the most important proof of the commission of rape. Similarly, in People v. Udtohan, it was emphasized that "[t]he revelation of an innocent child whose chastity was abused deserves full credence.". It further bears stressing that AAA's failure to immediately report the incident to her mother does not destroy her credibility. Although the conduct of the victim immediately following the alleged sexual assault is of utmost importance as it tends to establish the truth or falsity of the charge, it is not correct to expect a typical reaction or norm of behavior among rape victims. Equally important, the trial court and the CA regarded AAA's testimony as credible and unequivocal. These factual findings regarding AAA's credibility are accorded great weight and respect, and shall not be disturbed on appeal considering that the trial court had the full opportunity to directly observe the victim's demeanor, conduct, and manner of testifying.
Pitted against the prosecution's strong evidence, XXX's denial falters. Mere denial, sans any strong evidence to support it, may not overcome the positive declaration of the child-victim who has positively identified her assailant
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