327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Can the body of a court decision override its dispositive
portion when there is a clear discrepancy, and what happens when an Information
incorrectly alleges the relationship between an accused and victim in a
qualified rape case?
PEOPLE OF THE PHILIPPINES v. XXX, G.R. No. 252351,
July 7, 2021
Facts of the Case
XXX was charged with qualified rape and violation of Section
10(a) of Republic Act No. 7610 (Child Abuse) involving his 15-year-old
stepdaughter AAA. The incidents occurred on March 11, 2004, when XXX allegedly
raped AAA at their family home, and on March 27, 2004, when he slapped AAA in
the presence of barangay officials.
AAA testified that XXX, her mother's common-law spouse since
she was eight months old, arrived home intoxicated on March 11, 2004. He asked
her to massage him, then switched off the lights, kissed and caressed her
breasts. When she resisted, he punched her and threatened to kill her family if
she made any sound. He then raped her in the bedroom while her one-year-old
sister slept nearby. AAA's mother arrived during the incident, causing XXX to
stop immediately.
On March 13, 2004, fearing another assault, AAA fled to her
aunt's house and disclosed the rape. The incident was reported to police on
March 22, 2004. On March 27, 2004, when AAA returned with barangay officials to
retrieve her belongings, XXX slapped her face, causing her to fall to her
knees.
Dr. Parado-Alcantara's medical examination revealed hymenal
lacerations and contusions on AAA's face, consistent with her testimony.
XXX denied the charges, claiming he only scolded AAA for not
coming home and suggesting that someone called "Kambal" was
responsible for the rape. He admitted slapping AAA but claimed it was due to
her unexplained absence.
Lower Court Decisions
The Regional Trial Court convicted XXX of qualified
rape and child abuse, sentencing him to reclusion perpetua and awarding damages
to AAA.
The Court of Appeals affirmed the conviction but
created a significant discrepancy: while the body of its decision found XXX
guilty of qualified rape punishable by reclusion perpetua without eligibility
for parole, the dispositive portion only stated simple rape with reclusion
perpetua.
Primary Issue Before the Supreme Court
Whether XXX should be convicted of qualified rape or simple
rape, given that the Information alleged he was AAA's "stepfather"
when evidence showed he was merely the common-law spouse of AAA's mother.
Supreme Court Decision
The Supreme Court ruled that while the body of a decision
generally prevails over the dispositive portion when there is a clear error,
XXX could only be convicted of simple rape, not qualified rape.
The Court explained that for qualified rape, the
relationship between the accused and victim must be properly alleged in the
Information and proven during trial. Since XXX and AAA's mother were not
legally married but only common-law spouses, the allegation that he was AAA's
"stepfather" was incorrect. A stepfather must be legally married to
the victim's mother.
The Court also affirmed XXX's conviction for child abuse,
noting that slapping AAA in front of others debased and demeaned her dignity as
a human being.
Dispositive Portion
"ACCORDINGLY, the appeal is DISMISSED. The Decision
dated August 28, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 10516, is
AFFIRMED with MODIFICATION.
Appellant XXX is found GUILTY of:
- SIMPLE
RAPE in Criminal Case No. 04-2755. He is sentenced to reclusion
perpetua. He is further ORDERED to PAY AAA P75,000.00 as civil indemnity,
P75,000.00 as moral damages, and P75,000.00 as exemplary damages;
- CHILD
ABUSE under Section 10 (A), Article VI, of Republic Act No. 7610 in
Criminal Case No. 04-2754. He is sentenced to four (4) years, nine (9)
months and eleven (11) days of prision correccional, as minimum, to six
(6) years, eight (8) months and one (1) day of prision mayor, as maximum.
He is furthered ORDERED to PAY AAA P30,000.00 as civil indemnity,
P10,000.00 as moral damages.
In addition, he is ORDERED to PAY a fine in the amount of
P15,000.00."
Should the law be amended to include common-law spouses
in the definition of qualifying relationships for rape cases, considering the
reality of modern family structures in the Philippines?
Important Doctrines
1. Body vs. Dispositive Portion Rule
"The general rule is that where there is a conflict
between the fallo, or the dispositive part, and the body of the decision or
order, the fallo prevails... However, where one can clearly and unquestionably
conclude from the body of the decision that there was a mistake in the
dispositive portion, the body of the decision will prevail."
Explanation: This doctrine establishes when the body of a
decision controls over the dispositive portion, specifically when there are
clear typographical or clerical errors in the dispositive portion that
contradict the court's actual findings.
2. Definition of Stepfather-Stepdaughter Relationship
"A stepdaughter is the daughter of one's spouse by a
previous marriage. For appellant to be the stepfather of [AAA], he must be
legally married to [AAA's] mother."
Explanation: This clarifies that the legal relationship
required for the stepfather-stepdaughter qualification in rape cases requires
actual marriage, not merely a common-law relationship.
3. Proper Allegation Requirement for Qualified Rape
"In order for an accused to be convicted of
qualified rape, it is essential that these special qualifying circumstances of
minority and relationship are properly alleged in the Information and duly
proven during the trial."
Explanation: This emphasizes the constitutional
requirement that qualifying circumstances must be both properly alleged in the
charging document and proven during trial to ensure the accused's right to be
informed of the charges.
4. Sufficiency of Victim Testimony
"The credible testimony of the rape victim is
sufficient to sustain a verdict of conviction."
Explanation: This establishes the evidentiary value of
victim testimony in rape cases, recognizing that credible testimony alone can
support a conviction when corroborated by other evidence.
5. Moral Ascendancy in Rape Cases
"In cases where the rape is committed by a close
kin, such as the common-law spouse of the victim's mother, it is not necessary
that actual force or intimidation be employed; moral ascendancy takes the place
of violence or intimidation."
Explanation: This doctrine recognizes that in familial
rape cases, the perpetrator's position of authority can substitute for physical
force or intimidation as a means of committing rape.
Classification: Criminal Law
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