Rape - penalty, damages.

"xxx.

Under Article 266-B of the RPC, death penalty shall be imposed in a crime of rape through sexual intercourse:

1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim.

In order to qualify the rape, the minority of the victim and his or her relationship with the offender should both be alleged in the Information and proven beyond reasonable doubt during trial.46 The raison d' etre is that the special qualifying circumstances of minority and relationship have the effect of altering the nature of the rape and its corresponding penalty.47 Otherwise, death penalty cannot be imposed upon the offender.48

AAA's minority at the time the crimes were committed against her, was properly alleged and proven during trial. Evidence also proved that Tuyor had carnal knowledge of AAA without the latter's consent, with the use of force, threat and intimidation, and by taking advantage of his moral ascendancy. However, in the five Informations, the allegation that AAA is the "stepdaughter" of Tuyor, is inaccurate. Neither AAA is the stepdaughter of Tuyor nor is the latter the stepfather of the former, because such a relationship presupposes a legitimate relationship between the appellant and the victim's mother.49 A stepdaughter is the daughter of one's wife or husband by a former marriage, or a stepfather is the husband of one's mother by virtue of a marriage subsequent to that of which the person spoken of is the offspring50

During trial, the prosecution failed to establish the stepparent-stepdaughter relationship between Tuyor and AAA. No proof of marriage was presented to establish Tuyor's relationship with AAA's mother. On the contrary, AAA's testimony shows that Tuyor was the live-in partner of AAA's mother, to wit:

Pros. Dumaual : How were you related to the accused?

Witness : He is my stepfather, sir.

Pros. Dumaual : How did he become your stepfather?

Witness : He is the live-in partner of my mother, sir.51

x x x x

COURT : Is the accused married to your mother?

Witness : No, Your Honor.52

Although the State has successfully proven the common-law relationship, the crime is only simple rape where the information does not properly allege the qualifying circumstance of relationship between the accused and the victim.53 This is because the accused's right to be informed of the nature and cause of the accusation against him is inviolable54 Tuyor can only be convicted of simple rape, and not of qualified rape.

The Penalties

In Criminal Cases No. B-2008-767, B-2008-768, B-2008-770, B-2008-771, Rape through Sexual Intercourse, under paragraph 1 of Article 266-A, were committed without any of the qualifying or aggravating circumstances enumerated under Article 266-B, where the penalty for each count of rape shall be reclusion perpetua.

The Damages

For the four (4) counts of rape, the award of civil indemnities, moral and exemplary damages are proper.Ꮮαwρhi৷

Jurisprudence has settled that an award of civil indemnity ex delicto is mandatory upon a finding of the fact of rape, while moral damages may be automatically awarded in rape cases without need of proof of mental and physical suffering.55 The award of exemplary damages is also proper to set a public example, to serve as deterrent to elders who abuse and corrupt the youth, and to protect the latter from sexual abuse.56

For the crime of simple rape under Article 266-A(1), the penalty to be imposed is reclusion perpetua57 with civil indemnity of P75,000.00, moral damages of P75,000.00, and exemplary damages of P75,000.00; in accordance with People v. Jugueta.58

In consonance with prevailing jurisprudence, the amount of damages awarded shall earn interest at the rate of six percent (6%) per annum from the finality of this judgment until said amounts are fully paid.

WHEREFORE, PREMISES CONSIDERED, the appeal is DISMISSED. The Decision dated October 9, 2015 of the Regional Trial Court, Branch 89, Bacoor City in Criminal Cases No. B-2008-767 to B-2008-771, as affirmed by the Court of Appeals Decision dated December 15, 2017 in CA-G.R. CR-HC No. 08607 is AFFIRMED with MODIFICATIONS. We find accused-appellant Danilo Tuyor y Banderas:

1 Guilty beyond reasonable doubt of Simple Rape under Article 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-767, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.

2 Guilty beyond reasonable doubt of Simple Rape under Article 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-768, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.

3 Not guilty of Simple Rape under Article 266-A(l)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-769, considering his guilt was not proven beyond reasonable doubt. Accused-appellant is ACQUITTED of the crime charged.

4 Guilty beyond reasonable doubt of Simple Rape under 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-770, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.

5 Guilty beyond reasonable doubt of Simple Rape under 266-A(1)(a) and penalized in Article 266-B of the Revised Penal Code, in Criminal Case No. B-2008-771, and is sentenced to suffer the penalty of reclusion perpetua, and with modification as to the award of damages. Accused-appellant is ORDERED to PAY AAA the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P75,000.00 as exemplary damages.

Legal interest of six percent (6%) per annum is imposed on all damages awarded from the date of finality of this Decision until fully paid.

SO ORDERED.

Xxx."


G.R. No. 241780, October 12, 2020 ]

PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DANILO TUYOR Y BANDERAS, ACCUSED-APPELLANT.

https://lawphil.net/judjuris/juri2020/oct2020/gr_241780_2020.html