327 Cases Penned by Associate Justice Amy Lazaro-Javier: 2025 Bar Examination
Can an accused charged with rape by sexual intercourse be
convicted of rape by sexual assault when the evidence proves the latter but not
the former, without violating his constitutional right to be informed of the
nature and cause of the accusation against him?
PEOPLE OF THE PHILIPPINES v. ZZZ, G.R. No. 224584,September 4, 2019
FACTS OF THE CASE
ZZZ was charged with two counts of rape against his
13-year-old daughter AAA in Criminal Cases Nos. 2999 and 3000. In Criminal Case
No. 2999, he was accused of rape by sexual intercourse on October 26, 2007,
while in Criminal Case No. 3000, he was charged with rape by sexual intercourse
on November 3, 2007.
The prosecution's evidence revealed that on October 26,
2007, around 1:00 AM, ZZZ sexually assaulted his daughter at their bunkhouse.
He removed her clothing, held her hands, covered her mouth, threatened her with
two knives, and had carnal knowledge of her for twenty minutes. The victim
testified that her father threatened to kill her, her siblings, and mother if
she resisted or told anyone about the incident.
On November 3, 2007, at around 1:00 AM, while the victim
was sleeping, ZZZ again sexually molested her. However, this time, instead of
penile penetration, he inserted his finger into her vagina for five minutes.
When she asked him to stop, he complied and went to sleep.
The victim confided the incidents to her mother on
November 5, 2007, and to her uncle on November 7, 2007. The case was reported
to the police on November 11, 2007. Dr. Efraim Collado's medical examination
confirmed healed lacerations in the victim's vagina at 3 o'clock and 10 o'clock
positions. Notably, ZZZ sent a handwritten letter to the victim asking for
forgiveness.
ZZZ invoked alibi and denial, claiming he was in Davao
City and General Santos City on the dates in question, working as a truck
helper. However, he admitted to writing the letter to his daughter.
The Regional Trial Court, Branch 20, Tacurong City,
convicted ZZZ of qualified rape in Criminal Case No. 2999 and rape by sexual
assault in Criminal Case No. 3000, sentencing him to reclusion perpetua for the
first case and an indeterminate penalty of 12 years to 18 years for the second
case.
The Court of Appeals affirmed the trial court's decision
in its Decision dated October 30, 2015.
PRIMARY ISSUE BEFORE THE SUPREME COURT
Can an accused charged with rape by sexual intercourse be
convicted of rape by sexual assault when the evidence proves digital
penetration rather than penile penetration, without violating his
constitutional right to due process?
DECISION OF THE SUPREME COURT
The Supreme Court affirmed the conviction for qualified
rape in Criminal Case No. 2999 but modified the conviction in Criminal Case No.
3000. The Court ruled that ZZZ cannot be convicted of rape by sexual assault
when charged with rape by sexual intercourse due to the material distinctions
between the two modes of rape. However, the Court found him guilty of
lascivious conduct under Section 5(b) of Republic Act No. 7610, as the evidence
clearly established that he inserted his finger into his daughter's vagina.
The Court emphasized that the variance doctrine cannot be
applied to convict an accused of rape by sexual assault if charged with rape
through sexual intercourse, as these are distinct offenses with different
elements. The Court also increased the monetary awards to reflect current
jurisprudence.
DISPOSITIVE PORTION
ACCORDINGLY, the appeal is DENIED. The assailed Decision
dated October 30, 2015 of the Court of Appeals in CA-G.R. CR HC No. 01091-MIN
is AFFIRMED with MODIFICATION.
In Criminal Case No. 2999, appellant ZZZ is found GUILTY
of QUALIFIED RAPE and sentenced to RECLUSION PERPETUA without eligibility of
parole. He is directed to pay AAA P100,000.00 as civil indemnity, P100,000.00
as moral damages, and P100,000.00 as exemplary damages.
In Criminal Case No. 3000, appellant ZZZ is found GUILTY
of LASCIVIOUS CONDUCT and sentenced to RECLUSION PERPETUA and to pay a FINE of
P15,000.00. He is directed to pay AAA P75,000.00 as civil indemnity, P75,000.00
as exemplary damages, and P75,000.00 as moral damages.
All monetary awards are subject to six percent (6%)
interest per annum from finality of this decision until fully paid.
💭 Should the courts be
allowed more flexibility in applying the variance doctrine in rape cases to
ensure that perpetrators don't escape punishment due to technical distinctions
in charges, or does strict adherence to the charges protect the constitutional
rights of the accused?
IMPORTANT DOCTRINES ESTABLISHED
1. Variance Doctrine Limitation in Rape Cases "An
accused charged in the Information with rape by sexual intercourse cannot be
found guilty of rape by sexual assault, even though the latter crime was proven
during trial, due to the substantial distinctions between these two modes of
rape."
- Explanation:
This doctrine protects the constitutional right of the accused to be
informed of the nature and cause of the accusation against him.
2. Material Distinctions Between Modes of Rape "In
view of the material differences between the two modes of rape, the first mode
is not necessarily included in the second, and vice-versa."
- Explanation:
Rape by sexual intercourse and rape by sexual assault are distinct crimes
with different elements, penalties, and legal consequences.
3. Moral Ascendancy as Substitute for Force "The
moral and physical dominion of the father is sufficient to cow the victim into
submission to his beastly desires."
- Explanation:
In incestuous rape cases, the perpetrator's moral ascendancy over the
victim can substitute for actual force, threat, or intimidation.
4. Implied Admission Through Plea for Forgiveness "No
one would ask for forgiveness unless he had committed some wrong and a plea for
forgiveness may be considered as analogous to an attempt to compromise."
- Explanation:
A perpetrator's plea for forgiveness can be considered as an implied
admission of guilt.
5. Credibility of Child Witnesses "Youth and
immaturity are generally badges of truth and sincerity."
- Explanation:
Courts give credence to testimonies of child victims, considering their
vulnerability and the shame they would face if their testimony were
untrue.
CLASSIFICATION: CRIMINAL LAW
From <https://claude.ai/chat/f784a701-2253-4d85-be2d-65641b086401>
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