G.R. No. 232393. August 14, 2019.
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JOSEPH PAGKATIPUNAN Y CLEOPE, ACCUSED-APPELLANT.

FACTS

The accused-appellant, Joseph Pagkatipunan y Cleope, was charged with two crimes. In Criminal Case No. 06-32724, he was charged with Rape under Article 266-A of the Revised Penal Code for allegedly having carnal knowledge of the victim, AAA, an eight-year-old minor, by means of force, threat, and intimidation on October 16, 2006. In Criminal Case No. 06-32725, he was charged with Child Abuse under Section 5(b), Article III of Republic Act No. 7610 for allegedly licking AAA’s vagina on October 18, 2006. The accused pleaded not guilty, and a joint trial ensued.
The prosecution’s evidence established that on October 16, 2006, AAA was sleeping alone in her house when the accused barged in, undressed her, threatened her to keep quiet, forced her to lie on a chair, and inserted his penis into her vagina. She did not immediately report the incident. On October 18, 2006, while AAA was again alone, the accused returned, ordered her to undress, spread her legs, and licked her vagina. AAA’s father, BBB, arrived, saw the act, punched the accused, and reported the incident to barangay officials, leading to the accused’s arrest. A medical examination revealed a shallow healed hymenal laceration on AAA.
The defense consisted of a denial. The accused claimed he was at home on October 16 and was merely watching over AAA on October 18 when her parents were at work.
The Regional Trial Court convicted the accused in both cases. For rape, he was sentenced to reclusion perpetua and ordered to pay civil indemnity and moral damages. For child abuse, he was sentenced to an indeterminate penalty and ordered to pay civil indemnity and moral damages. The Court of Appeals affirmed the convictions with modifications, including the award of exemplary damages and adjustments to the penalty and damages for the child abuse conviction. The accused appealed to the Supreme Court.

ISSUE

Did the Court of Appeals err in affirming the verdicts of conviction for rape and child abuse against Pagkatipunan?

RULING

No, the Court of Appeals did not err. The Supreme Court affirmed the convictions with further modifications.
For Criminal Case No. 06-32724 (Rape): The Court held that the crime committed was statutory rape under Article 266-A(1)(d) of the Revised Penal Code, as the victim was under twelve years old. The only element required is carnal knowledge. AAA’s categorical testimony that the accused “inserted his penis in my vagina,” coupled with the medical finding of a hymenal laceration, sufficiently proved carnal knowledge. The defense of denial could not prevail over AAA’s positive identification. The penalty of reclusion perpetua without eligibility for parole was affirmed. The awards were modified: Civil Indemnity, Moral Damages, and Exemplary Damages were set at P75,000.00 each, with interest at 6% per annum from finality until full payment.
For Criminal Case No. 06-32725 (Child Abuse under R.A. 7610): The Court held that the accused committed lascivious conduct under Section 5(b), Article III of R.A. 7610. The act of licking the child’s vagina constitutes sexual abuse that debases, degrades, or demeans the child’s intrinsic worth. The victim’s credible testimony established the act. The penalty was modified to an indeterminate sentence of fifteen (15) years and six (6) months of reclusion temporal medium, as minimum, to seventeen (17) years and four (4) months of reclusion temporal maximum, as maximum. The awards were modified: a Fine of P15,000.00; Civil Indemnity of P50,000.00; Moral Damages of P50,000.00; and Exemplary Damages of P50,000.00, all with interest at 6% per annum from finality until full payment.