GR 234190; (October, 2018) (Digest)
G.R. No. 234190 . October 01, 2018.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. FERDINAND DE GUZMAN Y BUHAY, ACCUSED-APPELLANT.
FACTS
The accused-appellant, Ferdinand De Guzman, was charged with two counts of Statutory Rape against his nine-year-old niece by affinity, AAA. The prosecution alleged that on May 7, 2003, and June 17, 2003, De Guzman, while living in the same house, forcibly had carnal knowledge of AAA in the early morning hours. The victim testified that she was threatened not to report the incidents. De Guzman denied the accusations, claiming he was asleep with his wife during the alleged times and professed no knowledge of any motive for AAA to file the charges.
The Regional Trial Court convicted De Guzman of two counts of Statutory Rape under Article 266-A(1)(d) of the Revised Penal Code, sentencing him to reclusion perpetua for each count and awarding damages. The Court of Appeals affirmed the conviction but modified the damages. De Guzman appealed to the Supreme Court, arguing for the reversal of his conviction.
ISSUE
Whether or not the conviction of accused-appellant Ferdinand De Guzman for two counts of Statutory Rape should be upheld.
RULING
The Supreme Court upheld the conviction but modified the classification of the crimes. The Court, exercising its power of review over the entire case, found that the elements of Statutory Rape were conclusively established. AAA’s testimony was straightforward, categorical, and consistent, detailing the two incidents. Her young age at the time of the crimes, being nine years old, is a conclusive element of statutory rape under Article 266-A(1)(d), rendering the issues of force, threat, or consent immaterial. The Court found De Guzman’s defenses of denial and alibi weak and self-serving, especially as he admitted living in the same house, making it not impossible for him to be at the scene.
Crucially, the Court noted a qualifying circumstance that warranted a modification of the judgment. Article 266-B of the Revised Penal Code provides that the death penalty shall be imposed if the victim is under eighteen and the offender is a relative by consanguinity or affinity within the third civil degree. The records established that De Guzman was AAA’s uncle by affinity, a relationship within the prohibited degree. This relationship qualifies the crime. However, with the effectivity of Republic Act No. 9346 prohibiting the death penalty, the proper penalty for each count of Qualified Statutory Rape is reclusion perpetua without eligibility for parole. Consequently, the Court modified the conviction from two counts of Statutory Rape to two counts of Qualified Statutory Rape. The awards for civil indemnity, moral damages, and exemplary damages were affirmed in line with prevailing jurisprudence, all with legal interest.