327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Can a first cousin of the victim's father qualify the crime
of rape when the relationship falls beyond the third civil degree of
consanguinity required by law, and what constitutional implications arise when
courts must navigate between protecting victims' rights and ensuring precise
application of penal statutes?
PEOPLE OF THE PHILIPPINES v. XXX, G.R. No. 232308, October
7, 2020
FACTS OF THE CASE
On August 4, 2009, seventeen-year-old AAA was sexually
assaulted by her uncle, XXX, who was the first cousin of her father. The
incident occurred in Tuguegarao City, Cagayan, when AAA went to visit her
cousin and grandfather but found neither at home. She decided to rest in
appellant's tricycle parked near his house.
Appellant, who had just returned from a drinking spree,
invited AAA into his house to choose clothes allegedly sent by his wife from
Singapore. Once upstairs, appellant suddenly embraced AAA from behind, lifted
her skirt, forced her to lie on the floor, undressed her, and forcefully
inserted his penis into her vagina despite her resistance. He prevented her
from screaming by inserting his fingers into her mouth and threatened that he
was ready to die with her or go to jail.
After the assault, AAA fled to her aunt's school, confided
the rape, and spent the night in a boarding house out of fear. The next day,
her mother found her crying and they reported the incident to authorities. AAA
underwent medical examination at Cagayan Valley Medical Center, where Dr.
Marriane Rowena Diasen found multiple fresh lacerations and abrasions in her
hymenal and perihymenal areas, strongly indicating sexual intercourse within 24
hours.
Lower Court Decisions: The Regional Trial Court of
Tuguegarao City convicted appellant of qualified rape under Article 266-A No.
1(a) in relation to Article 266-B, 6th paragraph of the Revised Penal Code,
sentencing him to reclusion perpetua and ordering payment of ₱75,000 civil
indemnity, ₱30,000 exemplary damages, and ₱75,000 moral damages.
The Court of Appeals affirmed the conviction but modified it
to simple rape, ruling that the relationship between appellant and complainant
was beyond the third civil degree required for qualified rape. The CA
maintained the penalty of reclusion perpetua and increased exemplary damages
while adding 6% interest on all awards.
PRIMARY ISSUE BEFORE THE SUPREME COURT
Did the Court of Appeals err in convicting appellant of
simple rape instead of qualified rape, and what degree of consanguinity is
required to qualify rape under Article 266-B of the Revised Penal Code?
SUPREME COURT DECISION
The Supreme Court affirmed the Court of Appeals' decision,
ruling that appellant could only be convicted of simple rape. The Court
emphasized that for rape to be qualified under Article 266-B(1), the
relationship between victim and offender must be within the third civil degree
of consanguinity or affinity. Since appellant was the first cousin of the
victim's father, their relationship was within the fifth civil degree only,
which does not qualify the rape.
The Court found that the prosecution successfully
established the elements of rape through force and intimidation, supported by
credible testimony and medical evidence. However, the qualifying circumstance
of relationship could not be appreciated due to the degree of kinship involved.
The Court increased exemplary damages from ₱30,000 to
₱75,000 in accordance with prevailing jurisprudence, while affirming other
monetary awards and the 6% interest rate.
DISPOSITIVE PORTION
"ACCORDINGLY, the appeal is DENIED. The Decision dated
June 22, 2016 of the Court of Appeals in CA-G.R. CR-HC No. 06146 is AFFIRMED.
Appellant XXX is found GUILTY of SIMPLE RAPE as defined and penalized under
Article 266-A, paragraph 1 (a), in relation to Article 266-B of the Revised
Penal Code, and sentenced to RECLUSION PERPETUA.
He is further ordered to PAY complainant AAA P75,000.00 as
civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary
damages. All monetary awards are subject to six percent (6%) interest per annum
from finality of this decision until fully paid."
Should the law expand the degrees of consanguinity for
qualified rape to include relationships beyond the third civil degree,
considering that family betrayal and abuse of trust can occur regardless of the
precise mathematical degree of kinship?
IMPORTANT DOCTRINES
1. Degree of Relationship in Qualified Rape
"The relationship between the victim and the
offender must be within the third civil degree of consanguinity or affinity in
order to qualify rape under Article 266-B." Explanation: This
establishes the strict requirement that only relationships within the third
civil degree can qualify rape, excluding more distant relatives.
2. Credibility of Child Victims
"Testimonies of child-victims are given full weight
and credit. The same cannot be easily dismissed as mere concoction especially
when it pertained to a young girl's story on how her own relative had sexually
ravished her." Explanation: This doctrine recognizes the special
credibility accorded to testimony of minor victims in sexual abuse cases.
3. Physical Evidence in Rape Cases
"Physical evidence is evidence of the highest order.
It speaks more eloquently than a hundred witnesses." Explanation:
This emphasizes the paramount importance of medical findings in corroborating
rape allegations.
4. Photocopy of Birth Certificate Admissibility
"A photocopy of the rape victim's birth certificate
is admissible to prove her age because its original is a public record in the
custody of the local civil registrar, a public officer." Explanation:
This establishes when photocopies of public documents may be admitted as
evidence without producing originals.
5. Elements of Simple Rape
"To support a conviction for rape, the following
elements must be proved: (1) the offender had carnal knowledge of a woman; and
(2) the offender accomplished such act through force or intimidation." Explanation:
This defines the essential elements that must be proven beyond reasonable doubt
for rape conviction.
CLASSIFICATION: CRIMINAL LAW
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