GR 232071; (July, 2019) (Digest)
G.R. No. 232071 July 10, 2019
People of the Philippines, Plaintiff-Appellee vs. BBB, Accused-Appellant
FACTS
The accused-appellant, BBB, was charged with two counts of rape under Article 266-A of the Revised Penal Code in relation to Republic Act (R.A.) No. 7610, and two counts of child abuse under Section 10 of R.A. No. 7610 . The victim, AAA, was his 16-year-old granddaughter who lived under his care. The prosecution established that on April 17, 2012, and June 10, 2012, BBB, through force and intimidation, had carnal knowledge of AAA. On July 20 and 21, 2012, he committed acts of sexual molestation against her. The Regional Trial Court convicted BBB on all counts, a decision affirmed with modification by the Court of Appeals.
ISSUE
The core issue for the Supreme Court’s resolution was whether the Court of Appeals correctly affirmed the conviction and properly imposed the penalties for the crimes of rape and child abuse under R.A. No. 7610 .
RULING
The Supreme Court affirmed the conviction but modified the penalties. For the two counts of rape, the Court applied Article 266-B of the Revised Penal Code, which mandates the death penalty when the victim is under 18 and the offender is a relative within the third degree of consanguinity. As the death penalty is prohibited by R.A. No. 9346 , the penalty is reduced to reclusion perpetua without eligibility for parole. This qualification emphasizes that the crime warranted the supreme penalty. For the two counts of child abuse under Section 10(a) of R.A. No. 7610 , the prescribed penalty is prision mayor in its minimum period. Given that BBB is an ascendant, Section 31(c) of the same law requires the penalty to be imposed in its maximum period. The Court thus sentenced him to eight years and one day of prision mayor minimum, as minimum, to ten years of prision mayor medium, as maximum, for each count. The awards of damages were also modified in line with prevailing jurisprudence. The Court found AAA’s testimony credible and consistent, overcoming the presumption of innocence.