G.R. No. 261571 , May 29, 2024
People of the Philippines, Plaintiff-Appellee, vs. Paul Joven y Senenche, Accused-Appellant.

FACTS

The accused-appellant, Paul Joven y Senenche, was charged with three counts of other sexual abuse under Section 5(b) of Republic Act No. 7610 . The Informations alleged that sometime within January to March 2016, in Pangasinan, Joven, an adult, willfully and unlawfully indulged AAA, a 17-year-old minor with mild intellectual disability, into sexual intercourse through coercion and undue influence. Upon arraignment, Joven pleaded not guilty.
The prosecution presented AAA and her mother, BBB. AAA testified that within the stated period, Joven, her suitor, texted her to meet at an abandoned building. Despite her reluctance, Joven insisted and, on one occasion, forcibly grabbed her, laid her on a foam, undressed her, and inserted his penis into her vagina without her consent. She tried to free herself but could not. This happened again on another day after Joven threatened to throw stones at her house if she did not meet him. Fearful, AAA complied and was again sexually assaulted. AAA initially kept silent but later revealed the assaults to her mother, BBB, after BBB noticed AAA’s growing stomach and missed menstrual period. AAA also disclosed being abused by two other individuals. They reported the incidents to the police on July 20, 2016. A medico-legal examination revealed AAA had deep healed hymenal lacerations and was 24 weeks and four days pregnant. On August 1, 2016, AAA identified Joven to her mother when they saw him pass by their house. This led to his arrest.
The defense presented only Joven, who denied the allegations. He claimed he was at work during the alleged incidents, prohibited from leaving his workplace, resided in a different municipality, did not know AAA’s mobile number, and never met her at the abandoned building. He admitted seeing AAA when buying cigarettes near her house.
The Regional Trial Court convicted Joven of two counts of violation of Section 5(b) of R.A. No. 7610 , acquitting him of the third count due to insufficient testimony. The Court of Appeals affirmed but modified the conviction to two counts of rape under Article 266-A(1) in relation to Article 266-B of the Revised Penal Code. Joven appealed.

ISSUE

Whether the Court of Appeals correctly convicted accused-appellant Paul Joven y Senenche of two counts of rape under the Revised Penal Code instead of violation of Republic Act No. 7610 .

RULING

Yes, the Court of Appeals correctly convicted Joven of two counts of rape. The Supreme Court affirmed the appellate court’s modification. When sexual intercourse is committed through force, threat, or intimidation against a child, the crime is rape under the Revised Penal Code, not child abuse under R.A. No. 7610 . AAA was 17 years old at the time of the assaults, and Joven employed force and intimidation. The law presumes coercion or intimidation when the victim is a child below eighteen years of age, as in this case. The elements of rape under Article 266-A(1) were proven beyond reasonable doubt: (1) Joven had carnal knowledge of AAA; and (2) such act was accomplished through force or intimidation. AAA’s credible and categorical testimony, corroborated by the medico-legal findings and her prompt reporting to her mother, established the crimes. Joven’s defenses of denial and alibi were weak and could not prevail over AAA’s positive identification and straightforward narration. The Supreme Court affirmed the penalties imposed by the Court of Appeals: reclusion perpetua for each count of rape, with corresponding damages.