GR 208469; (August, 2014) (Digest)
G.R. No. 208469 , August 13, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. SAMUEL “TIW-TIW” SANICO, Accused-Appellant.
FACTS
Two separate Informations were filed against accused-appellant Samuel “Tiw-Tiw” Sanico before the Regional Trial Court (RTC) of Butuan City for Acts of Lasciviousness (Criminal Case No. 12021) and Rape (Criminal Case No. 12022). The victim, AAA, was a minor, over 12 but under 13 years old at the time of the incidents. The prosecution alleged that in 2005, the accused-appellant raped AAA in her home kitchen by means of force and intimidation, threatening to kill her if she shouted. He allegedly raped her multiple times thereafter. On April 19, 2006, the accused-appellant again molested AAA by touching her breast and attempting to rape her, which was witnessed by AAA’s father, CCC, who then lost consciousness briefly, allowing the accused-appellant to flee. A medico-legal examination conducted on AAA on April 19, 2006, revealed old healed hymenal lacerations consistent with sexual abuse but no spermatozoa. The defense, relying solely on the accused-appellant’s testimony, claimed that on April 19, 2006, AAA initiated the contact by touching his pocket for money, and he only touched her breast in response, denying any rape. The RTC convicted the accused-appellant of both charges, sentencing him to reclusion perpetua for rape and imprisonment for acts of lasciviousness, with corresponding damages. The Court of Appeals (CA) affirmed the conviction but modified the penalties and damages.
ISSUE
Whether the CA correctly affirmed the conviction of the accused-appellant for rape and acts of lasciviousness.
RULING
The Supreme Court DENIED the appeal and AFFIRMED the CA Decision with modifications. The Court held that the prosecution proved the accused-appellant’s guilt beyond reasonable doubt. AAA’s testimony was credible, consistent, and corroborated by medical findings of old hymenal lacerations. The Court emphasized that in rape cases, the exact date is not an essential element, and AAA’s inability to recall the precise month in 2005 did not undermine her credibility. The accused-appellant’s flight after the incident and his admission to touching AAA’s breast supported his guilt. The Court modified the CA’s ruling by increasing the civil indemnity and moral damages for rape to P100,000 each and awarding exemplary damages of P100,000, pursuant to prevailing jurisprudence. For acts of lasciviousness under Article 336 of the Revised Penal Code in relation to Republic Act No. 7610 , the penalty was adjusted to an indeterminate sentence of 6 years of prision correccional as minimum to 10 years of prision mayor as maximum, with corresponding damages.