G.R. Nos. 138545-46; April 16, 2002
People of the Philippines, plaintiff-appellee, vs. Joey Dela Cuesta y Ramos, accused-appellant.

FACTS

Accused-appellant Joey Dela Cuesta y Ramos was charged before the Regional Trial Court of Pasay City with rape (Criminal Case No. 98-0094) and acts of lasciviousness (Criminal Case No. 98-0095) committed against his niece, Frances Grace Alcido, an 11-year-old minor. The information alleged that on January 3, 1998, he had carnal knowledge of the complainant through force and intimidation, and on January 13, 1998, he kissed her vagina and fondled her private parts. He pleaded not guilty. The prosecution presented the testimony of the private complainant, who stated that on January 3, 1998, while sleeping, she felt someone kissing her vagina and later realized it was her uncle, the accused. She reported it to her grandmother. On January 13, 1998, her aunt, Imelda dela Cuesta, caught the accused kissing the complainant’s private part while she was asleep. The complainant gave a sworn statement to the police, stating the accused would abuse her when she was alone and that on January 3, he carried her upstairs, removed her pants, kissed her organ, spread her legs, and inserted his organ, causing her pain. She did not initially report due to threats. Witnesses included Imelda dela Cuesta, who corroborated catching the accused; Joel Atibola, a neighbor who saw the accused touching the complainant on January 3; Barangay Chairman Rolando Cruz Alavera; Dr. Aurea Villena of the NBI, who found no genital injuries and an intact hymen; and DSWD social worker Erlinda Aguila. The defense presented Jerry Yap, a neighbor who claimed the household was asleep on January 3 and the movement seen was caused by a puppy; the accused’s mother, Avelina Ramos Dela Cuesta, who corroborated the defense version and stated the complainant was born on November 1, 1985; and the accused himself, who denied the charges, claiming he was asleep on January 3 and was merely checking on a crying child on January 13 when falsely accused by his drunk sister, Imelda. The trial court found the accused guilty, sentencing him to death for rape and imprisonment for acts of lasciviousness. The case is on automatic review due to the death penalty.

ISSUE

The main issue is whether the trial court erred in convicting the accused-appellant of rape and acts of lasciviousness based on the evidence presented.

RULING

The Supreme Court modified the decision. It found the accused-appellant guilty of two counts of acts of lasciviousness, not rape. The Court held that the prosecution failed to prove the element of carnal knowledge for rape beyond reasonable doubt. The medical examination showed no genital injuries and an intact hymen, which contradicted the claim of full penetration. The testimony of the private complainant regarding the rape was deemed insufficient and inconsistent with physical evidence. However, the Court found the accused guilty of acts of lasciviousness for both incidents, as the evidence sufficiently established that he kissed and fondled the complainant’s private parts. The penalty for acts of lasciviousness under Article 336 of the Revised Penal Code is prision correccional. With no aggravating or mitigating circumstances, the penalty was applied in its medium period. Applying the Indeterminate Sentence Law, the Court sentenced the accused to imprisonment of six months of arresto mayor as minimum to four years and two months of prision correccional as maximum for each count (Criminal Case Nos. 98-0094 and 98-0095). He was also ordered to pay the private complainant P75,000.00 as moral damages for both cases.