G.R. No. 257134 . February 06, 2023.
XXX257134, PETITIONER, VS. PEOPLE OF THE PHILIPPINES, RESPONDENT.

FACTS

Petitioner XXX257134, the adopted brother of the victim’s mother, was charged with Acts of Lasciviousness (Crim. Case No. 15-0425) and Rape (Crim. Case No. 15-0427), both in relation to Section 5(b) of Republic Act No. 7610 , against his minor nephew, AAA257134. The prosecution alleged that the acts of lasciviousness, involving making the victim hold and masturbate his penis, began when the victim was six years old in 2011. The rape charge stemmed from an incident on June 14, 2014, when the victim was nine, wherein petitioner inserted his penis into the victim’s anal orifice. The victim testified to repeated molestations and reported the incidents to his mother the day after the rape incident. A medico-legal report showed no physical injuries. Petitioner denied the accusations, interposing alibi and denial, and presented witnesses including his mother and the victim’s nannies who claimed the victim was never left alone with him and that the victim had a propensity to lie.

ISSUE

Whether the Court of Appeals erred in affirming the Regional Trial Court’s judgment finding petitioner guilty beyond reasonable doubt of the crimes charged.

RULING

The petition is without merit. The Supreme Court affirmed the findings of the lower courts. The essential elements of Rape through Sexual Assault under Article 266-A of the Revised Penal Code were present: petitioner committed an act of sexual assault by inserting his penis into the victim’s anal orifice, and the act was done without the victim’s consent. For Acts of Lasciviousness under Article 336 of the Revised Penal Code in relation to RA 7610, the elements were also satisfied: the offender committed lascivious conduct under circumstances of coercion, and the victim was a child at the time. The victim’s testimony was found to be credible, consistent, and straightforward, outweighing petitioner’s defense of denial and alibi. Minor inconsistencies in the victim’s testimony were considered badges of truth. The absence of physical injuries does not negate rape, as penetration need not be full or cause injury. The relationship of uncle-nephew qualified the rape. The Court modified the penalties and awards: In Crim. Case No. 15-0425 (Acts of Lasciviousness), petitioner is guilty of Child Abuse under Section 5(b) of RA 7610 and sentenced to an indeterminate penalty of twelve (12) years and one (1) day of reclusion temporal, as minimum, to sixteen (16) years, five (5) months, and ten (10) days of reclusion temporal, as maximum, with civil indemnity, moral damages, and exemplary damages. In Crim. Case No. 15-0427 (Rape), petitioner is guilty of Qualified Rape through Sexual Assault under Article 266-A in relation to RA 7610 and sentenced to an indeterminate penalty of ten (10) years of prision mayor, as minimum, to twenty (20) years of reclusion temporal, as maximum, with corresponding civil indemnity, moral damages, and exemplary damages. All monetary awards earn legal interest.