People Vs Mahinay - 122485 - February 1, 1999 - Per Curiam - en Banc
People Vs Mahinay - 122485 - February 1, 1999 - Per Curiam - en Banc
SYLLABI/SYNOPSIS
ENBANC
[G.R.No.122485.February1,1999]
DECISION
PERCURIAM:
Aviolationofthedignity,purityandprivacyofachildwhoisstillinnocentandunexposedtothewaysof
worldlypleasuresisaharrowingexperiencethatdestroysnotonlyherfuturebutoftheyouthpopulationaswell,
whointheteachingsofournationalhero,areconsideredthehopeofthefatherland.Once again, the Court is
confrontedbyanothertragicdesecrationofhumandignity,committednolessuponachild,whoatthesaladage
of a few days past 12 years, has yet to knock on the portals of womanhood, and met her untimely death as a
result of the "intrinsically evil act" of nonconsensual sex called rape. Burdened with the supreme penalty of
death, rape is an ignominious crime for which necessity is neither an excuse nor does there exist any other
rationaljustificationotherthanlust.Butthosewholustoughtnottolust.
TheCourtquoteswithapprovalfromthePeople'sBrief,thefactsnarratingthehorribleexperienceandthe
tragicdemiseofayoungandinnocentchildinthebloodyhandsofappellant,assuchfactsareablysupportedby
evidenceonrecord:[1]*
"Appellant Larry Mahinay started working as houseboy with Maria Isip on November 20, 1993. His task was to take
care of Isip's house which was under construction adjacent to her old residence situated inside a compound at No. 4165
Dian Street, Gen. T. de Leon, Valenzuela , Metro Manila. But he stayed and slept in an apartment also owned by Isip,
located 10 meters away from the unnished house (TSN, September 6, 1995, pp. 5-10).
"The victim, Ma. Victoria Chan, 12 years old, was Isip's neighbor in Dian Street. She used to pass by Isip's house on her
way to school and play inside the compound yard, catching maya birds together with other children. While they were
playing, appellant was always around washing his clothes. Inside the compound yard was a septic tank (TSN, August
22, 1995, pp. 29-31; September 6, 1995, pp. 17; 20-22).
"On June 25, 1995, at 8 o'clock a.m., appellant joined Gregorio Rivera in a drinking spree. Around 10 o'clock in the
morning, appellant, who was already drunk, left Gregorio Rivera and asked permission from Isip to go out with his
friends (TSN, September 6, 1995, pp. 9-11).
"Meantime, Isip's sister-in-law, Norgina Rivera, who also owned a store fronting the compound, saw Ma. Victoria on
that same day three to four times catching birds inside Isip's unnished house around 4 o'clock in the afternoon. The
unnished house was about 8 meters away from Rivera's store (TSN, September 18, 1995, pp.9-11).
"On the other hand, Sgt. Roberto Suni, also a resident of Dian Street, went to his in-law's house between 6 to 7 o'clock
p.m. to call his ofce regarding changes on the trip of President Fidel V. Ramos. The house of his in-laws was near the
house of Isip. On his way to his in-law's house, Sgt. Suni met appellant along Dian Street. That same evening, between 8
to 9 o'clock p.m., he saw Ma. Victoria standing in front of the gate of the unnished house (TSN, September 27, 1995,
pp. 3-7; 14-17).
"Later, at 9 o'clock in the evening, appellant showed up at Norgina Rivera's store to buy lugaw. Norgina Rivera informed
appellant that there was none left of it. She notice that appellant appeared to be uneasy and in deep thought. His hair was
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disarrayed; he was drunk and was walking in a dazed manner. She asked why he looked so worried but he did not
answer. Then he left and walked back to the compound (TSN, September 18, 1995, pp. 4-8; 12-14).
"Meanwhile, Elvira Chan noticed that her daughter, Ma. Victoria, was missing. She last saw her daughter wearing a pair
of white shorts, brown belt, a yellow hair ribbon, printed blue blouse, dirty white panty, white lady sando and blue
rubber slippers (TSN, August 23, 1995, pp. 22, 33).
"Isip testied that appellant failed to show up for supper that night. On the following day, June 26, 1995, at 2 o'clock in
the morning, appellant boarded a passenger jeepney driven by Fernando Trinidad at the talipapa. Appellant alighted at
the top of the bridge of the North Expressway and had thereafter disappeared (TSN, September 20, 1995, pp. 4-9;
September 27, 1995; pp. 14-17).
"That same morning, around 7:30, a certain Boy found the dead body of Ma. Victoria inside the septic tank. Boy
immediately reported what he saw to the victim's parents, Eduardo and Elvira Chan (TSN, September 6, 1995, p. 13).
"With the help of the Valenzuela Police, the lifeless body of Ma. Victoria was retrieved from the septic tank. She was
wearing a printed blouse without underwear. Her face bore bruises. Results of the autopsy revealed the following
ndings:
Contused-abrasions on the forehead, 5.0 x 5.0 cm, angle of the left eye, lateral aspect, 2.5 x 1.5 cm. left jaw, 13.5 x 7.0
cm. neck, antero-lateral aspect, right, 2.0 x 1.0 cm. and left, 7.0 x 6.0 cm., left iliac area, 9.0 x 5.5 cm. intraclavicular
area, left, posterior aspect, 4.0 x 2.0 cm. scapular area, right 4.0 x 4.0 cm. subscapular area, left, 1.5 x 1.5 cm. lumbar
area, left 7.0 x 8.0 cm. arm, left, posterior aspect, middle third, 11.00 x 4.0 cm. elbows, right, 4.0 x 3.0 cm. and left 6.0 x
5.0 cm. forearms, left, posterior aspect, lower rd, 5.2 x 4.0 cm. hand, left, dorsal aspect, 0.8 x 0.9 cm. thighs; right
antero-lateral aspect, upper 33rd, 12.0 x 10.0 cm. right anterior aspect, lower 3rd 5.0 x 2.0 cm. and left antero-lower 3rd ,
5.5 x 2.5 cm. knee, right, lateral aspect, 1.5 x 1.0 cm. lateral mallcolum, left, 3.0 x 3.5 cm. foot, left, dorsal aspect 2.2 x
1.0 cm.
REMARKS: Hymen: tall, thick with complete lacerations at 4:00 and 8:00 o'clock position corresponding to the face of
a watch edges congested with blood clots. (TSN, August 18, 1995; p. 4; Record, p. 126)
"Back in the compound, SPO1 Arsenio Nacis and SPO1 Arnold Alabastro were informed by Isip that her houseboy,
appellant Larry Mahinay, was missing. According to her, it was unlikely for appellant to just disappear from the
apartment since whenever he would go out, he would normally return on the same day or early morning of the following
day (TSN, September 6, 1995, pp. 6-11-27).
"SPO1 Nacis and SPO1 Alabastro were also informed that a townmate of appellant was working in a pancit factory at
Barangay Reparo, Caloocan City. They proceeded to said place. The owner of the factory conrmed to them that
appellant used to work at the factory but she did not know his present whereabouts. Appellant's townmate, on the other
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hand, informed them that appellant could possibly be found on 8th Street, Grace Park, Caloocan City (TSN, August 14,
1995, pp. 8-9).
"The policemen returned to the scene of the crime. At the second oor of the house under construction, they retrieved
from one of the rooms a pair of dirty white short pants, a brown belt and a yellow hair ribbon which was identied by
Elvira Chan to belong to her daughter, Ma. Victoria. They also found inside another room a pair of blue slippers which
Isip identied as that of Appellant. Also found in the yard, three armslength away from the septic tank were an
underwear, a leather wallet, a pair of dirty long pants and a pliers positively identied by Isip as appellant's belongings.
These items were brought to the police station (TSN, August 14, 1995, pp. 10-13; August 18, 1995, pp. 3-8; August 23,
1995, pp. 21-25).
"A police report was subsequently prepared including a referral slip addressed to the ofce of the Valenzuela Prosecutor.
The next day, SPO1 Virgilio Villano retrieved the victim's underwear from the septic tank (TSN, August 23, 1995, pp. 3-
8; 14-17).
"After a series of follow-up operations, appellant was nally arrested in Barangay Obario Matala, Ibaan, Batangas. He
was brought to Valenzuela Police Station. On July 7, 1995, with the assistance of Atty. Restituto Viernes, appellant
executed an extra-judicial confession wherein he narrated in detail how he raped and killed the victim. Also, when
appellant came face to face with the victim's mother and aunt, he conded to them that he was not alone in raping and
killing the victim. He pointed to Zaldy and Boyet as his co-conspirators (TSN, August 14, 1995, pp. 13-21)."
Thus,onJuly10,1995,appellantwaschargedwithrapewithhomicideinanInformationwhichreads:[2]
"That on or about the 26th day of June 1995 in Valenzuela, Metro Manila and within the jurisdiction of this Honorable
Court the above-named accused, by means of force and intimidation employed upon the person of MARIA VICTORIA
CHAN y CABALLERO, age 12 years old, did then and there wilfully, unlawfully and feloniously lie with and have
sexual intercourse with said MARIA VICTORIA CHAN y CABALLERO against her will and without her consent; that
on the occasion of said sexual assault, the above-named accused, choke and strangle said MARIA VICTORIA CHAN y
CABALLERO as a result of which, said victim died.
"Contrary to law."[3]
towhichhepleadednotguilty.Aftertrial,thelowercourtrenderedadecisionconvictingappellantofthecrime
charged,sentencedhimtosufferthepenaltyofdeathandtopayatotalofP73,000.00tothevictim'sheirs.The
dispositiveportionofthetrialcourt'sdecisionstates:
"WHEREFORE, nding accused Larry Mahinay y Amparado guilty beyond reasonable doubt of the crime charged, he
is hereby sentenced to death by electricution (sic). He is likewise condemned to indemnify the heirs of the victim, Ma.
Victoria Chan the amount of P50,000.00 and to pay the further sum of P23,000.00 for the funeral, burial and wake of the
victim.
"Let the complete records of the case be immediately forwarded to the Honorable Supreme Court for the automatic
review in accordance to Article 47 of the Revised Penal Code as amended by Section 22 of Republic Act No. 7659.
"SO ORDERED."[4]
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At 2 oclock in the afternoon, appellant, instead of going out with his friend, opted to rejoin Gregorio Rivera and Totoy
for another drinking session. They consumed one case of red horse beer. Around 6 oclock p.m., Zaldy, a co-worker,
fetched him at Gregorio Riveras house. They went to Zaldys house and bought a bottle of gin. They nished drinking
gin around 8 oclock p.m. After consuming the bottle of gin, they went out and bought another bottle of gin from a
nearby store. It was already 9 oclock in the evening. While they were at the store, appellant and Zaldy met Boyet. After
giving the bottle of gin to Zaldy and Boyet, appellant left (TSN, October 16, 1995, pp. 6-7).
On his way home, appellant passed by Norgina Riveras store to buy lugaw. Norgina Rivera informed him that there was
none left of it. He left the store and proceeded to Isips apartment. But because it was already closed, he decided to sleep
at the second oor of Isips unnished house. Around 10 oclock p.m., Zaldy and Boyet arrived carrying a cadaver. The
two placed the body inside the room where appellant was sleeping. As appellant stood up, Zaldy pointed to him a knife.
Zaldy and Boyet directed him to rape the dead body of the child or they would kill him. He, However, refused to follow.
Then, he was asked by Zaldy and Boyet to assist them in bringing the dead body downstairs. He obliged and helped
dump the body into the septic tank. Thereupon, Zaldy and Boyet warned him that should they ever see him again, they
would kill him. At 4 oclock the following morning, he left the compound and proceeded rst to Navotas and later to
Batangas (TSN, October 16, 1995, pp. 4-13).
Subsequently, appellant was apprehended by the police ofcers in Ibaan, Batangas. The police ofcers allegedly brought
him to a big house somewhere in Manila. There, appellant heard the police ofcers plan to salvage him if he would not
admit that he was the one who raped and killed the victim. Scared, he executed an extra-judicial confession. He claimed
that he was assisted by Atty. Restituto Viernes only when he was forced to sign the extra-judicial confession (TSN,
October 16, 1995, pp. 9-11).[6]
Thisbeingadeathpenaltycase,theCourtexercisesthegreatestcircumspectioninthereviewthereofsince
therecanbenostakehigherandnopenaltymoreseverexxxthantheterminationofahumanlife.[7] Forlife,
oncetakenislikevirginity,whichoncedefiledcanneverberestored.Inordertherefore,thatappellantsguilty
mindbesatisfied,theCourtstatesthereasonswhy,astherecordsarenotshy,forhimtoverify.
The proven circumstances of this case when juxtaposed with appellants proffered excuse are sufficient to
sustainhisconvictionbeyondreasonabledoubt,notwithstandingtheabsenceofanydirectevidencerelativeto
thecommissionofthecrimeforwhichhewasprosecuted.Absenceofdirectproofdoesnotnecessarilyabsolve
himfromanyliabilitybecauseundertheRulesonevidence[8]andpursuanttosettledjurisprudence,[9]conviction
maybehadoncircumstantialevidenceprovidedthatthefollowingrequisitesconcur:
1.thereismorethanonecircumstance
2.thefactsfromwhichtheinferencesarederivedareprovenand
3.thecombinationofallthecircumstancesissuchastoproduceaconvictionbeyondreasonabledoubt.
Simply put, for circumstantial evidence to be sufficient to support a conviction, all circumstances must be
consistent with each other, consistent with the hypothesis that the accused is guilty, and at the same time
inconsistentwiththehypothesisthatheisinnocentandwitheveryotherrationalhypothesisexceptthatofguilt.
[10]Factsandcircumstancesconsistentwithguiltandinconsistentwithinnocence,constituteevidencewhich,in
weightandprobativeforce,maysurpassevendirectevidenceinitseffectuponthecourt.[11]
Inthecaseatbench,thetrialcourtgavecredencetoseveralcircumstantialevidence,whichuponthorough
reviewoftheCourtismorethanenoughtoproveappellantsguiltbeyondtheshadowofreasonabledoubt.These
circumstantialevidenceareasfollows:
FIRST Prosecution witness Norgina Rivera, sister-in-law of Maria Isip, owner of the unnished big house where the
crime happened and the septic tank where the body of Maria Victoria Chan was found in the morning of June 26, 1995 is
located, categorically testied that at about 9:00 in the evening on June 25, 1995, accused Larry Mahinay was in her
store located in front portion of the compound of her sister-in-law Maria Isip where the unnished big house is situated
buying rice noodle (lugaw). That she noticed the accuseds hair was disarranged, drunk and walking in sigsaging manner.
That the accused appeared uneasy and seems to be thinking deeply. That the accused did not reply to her queries why he
looked worried but went inside the compound.
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SECOND Prosecution witness Sgt. Roberto G. Suni, categorically, testied that on June 25, 1995 between 6:00 and 7:00
in the evening, on his way to his in-laws house, he met accused Larry Mahinay walking on the road leading to his in-
laws residence which is about 50 to 75 meters away to the unnished big house of Maria Isip. That he also saw victim
Maria Victoria Chan standing at the gate of the unnished big house of Maria Isip between 8:00 and 9:00 in the same
evening.
THIRD Prosecution witness Maria Isip, owner of the unnished big house where victims body was found inside the
septic tank, testied that accused Larry Mahinay is her houseboy since November 20, 1993. That in the morning of June
25, 1995, a Sunday, Larry Mahinay asked permission from her to leave. That after nishing some work she asked him to
do accused Larry Mahinay left. That it is customary on the part of Larry Mahinay to return in the afternoon of the same
day or sometimes in the next morning. That accused Larry Mahinay did not return until he was arrested in Batangas on
July 7, 1995.
FOURTH Prosecution witness Fernando Trinidad, a passenger jeepney driver plying the route Karuhatan-Ugong and
vice versa which include Diam St., Gen. T. de Leon, Valenzuela, Metro Manila, pinpointed the accused Larry Mahinay
as one of the passengers who boarded his passenger jeepney on June 26, 1995 at 2:00 early morning and alighted on top
of the overpass of the North Expressway.
FIFTH Personal belongings of the victim was found in the unnished big house of Maria Isip where accused Larry
Mahinay slept on the night of the incident. This is a clear indication that the victim was raped and killed in the said
premises.
There is no showing that the testimonies of the prosecution witnesses (sic) fabricated or there was any reason for them to
testify falsely against the accused. The absence of any evidence as to the existence of improper motive sustain the
conclusion that no such improper motive exists and that the testimonies of the witnesses, therefore, should be given full
faith and credit. (People vs. Retubado, 58585 January 20, 1988 162 SCRA 276, 284; People vs. Ali L-18512 October 30,
1969, 29 SCRA 756).
SIXTH Accused Larry Mahinay during the custodial investigation and after having been informed of his constitutional
rights with the assistance of Atty. Restituto Viernes of the Public Attorneys Ofce voluntarily gave his statement
admitting the commission of the crime. Said confession of accused Larry Mahinay given with the assistance of Atty.
Restituto Viernes is believed to have been freely and voluntarily given. That accused did not complain to the proper
authorities of any maltreatment on his person (People vs. delos Santos L-3398 May 29, 1984; 150 SCRA 311). He did
not even informed the Inquest Prosecutor when he sworn to the truth of his statement on July 8, 1995 that he was forced,
coersed or was promised of reward or leniency. That his confession abound with details know only to him. The Court
noted that a lawyer from the Public Attorneys Ofce Atty. Restituto Viernes and as testied by said Atty. Viernes he
informed and explained to the accused his constitutional rights and was present all throughout the giving of the
testimony. That he signed the statement given by the accused. Lawyer from the Public Attorneys Ofce is expected to be
watchful and vigilant to notice any irregularity in the manner of the investigation and the physical conditions of the
accused. The post mortem ndings shows that the cause of death Asphyxia by manual strangulation; Traumatic Head
injury Contributory substantiate. Consistent with the testimony of the accused that he pushed the victim and the latters
head hit the table and the victim lost consciousness.
Pagpasok niya sa kuwarto, hinawakan ko siya sa kamay tapos tinulak ko siya, tapos tumama iyong ulo niya sa mesa.
Ayon na, nakatulog na siya tapos ni-rape ko na siya.
There is no clear proof of maltreatment and/or tortured in giving the statement. There were no medical certicate
submitted by the accused to sustain his claim that he was mauled by the police ofcers.
There being no evidence presented to show that said confession were obtained as a result of violence, torture,
maltreatment, intimidation, threat or promise of reward or leniency nor that the investigating ofcer could have been
motivated to concoct the facts narrated in said afdavit; the confession of the accused is held to be true, correct and
freely or voluntarily given. (People v. Tuazon 6 SCRA 249; People v. Tiongson 6 SCRA 431, People v. Baluran 52
SCRA 71, People v. Pingol 35 SCRA 73.)
SEVENTH Accused Larry Mahinay testied in open Court that he was not able to enter the apartment where he is
sleeping because it was already closed and he proceeded to the second oor of the unnished house and slept. He said
while sleeping Zaldy and Boyet arrived carrying the cadaver of the victim and dumped it inside his room. That at the
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point of a knife, the two ordered him to have sex with the dead body but he refused. That the two asked him to assist
them in dumping the dead body of the victim in the septic tank downstairs. (Tsn pp8-9 October 16, 1995). This is
unbelievable and unnatural. Accused Larry Mahinay is staying in the apartment and not in the unnished house. That he
slept in the said unnished house only that night of June 25, 1995 because the apartment where he was staying was
already closed. The Court is at a loss how would Zaldy and Boyet knew he (Larry Mahinay) was in the second oor of
the unnished house.
Furthermore, if the child is already dead when brought by Zaldy and Boyet in the room at the second oor of the
unnished house where accused Larry Mahinay was sleeping, why will Boyet and Zaldy still brought the cadaver
upstairs only to be disposed/dumped later in the septic tank located in the ground oor. Boyet and Zaldy can easily
disposed and dumped the body in the septic tank by themselves.
It is likewise strange that the dead body of the child was taken to the room where accused Larry Mahinay was sleeping
only to force the latter to have sex with the dead body of the child.
We have no test to the truth of human testimony except its conformity to aver knowledge observation and experience.
Whatever is repugnant to these belongs to the miraculous. (People vs. Santos L-385 Nov. 16, 1979)
EIGHT If the accused did not commit the crime and was only forced to disposed/dumpted the body of the victim in the
septic tank, he could have apprise Col. Maganto, a high ranking police ofcer or the lady reporter who interviewed him.
His failure and omission to reveal the same is unnatural. An innocent person will at once naturally and emphatically
repel an accusation of crime as a matter of preservation and self-defense and as a precaution against prejudicing himself.
A persons silence therefore, particularly when it is persistent will justify an inference that he is not innocent. (People vs.
Pilones, L-32754-5 July 21, 1978).
NINTH The circumstance of ight of the accused strongly indicate his consciousness of guilt. He left the crime scene on
the early morning after the incident and did not return until he was arrested in Batangas on July 7, 1995.[12]
Guidedbythethreeprinciplesinthereviewofrapecases,towit:[13]
1). An accusation for rape can be made with facility it is difficult to prove but more difficult for the person
accused,thoughinnocent,todisprove
2). In view of the intrinsic nature of the crime of rape, where only two persons are usually involved, the
testimonyofthecomplainantisscrutinizedwithextremecautionand
3).Theevidenceoftheprosecutionstandsorfallsonitsownmeritsandcannotbeallowedtodrawstrengthfrom
theweaknessofthedefense.
theforegoingcircumstantialevidenceclearlyestablishesthefelonyofrapewithhomicidedefinedandpenalized
underSection335oftheRevisedPenalCode,asamendedbySection11,R.A.7659,whichprovides:
When and how rape is committed Rape is committed by having carnal knowledge of a woman under any of the
following circumstances.
1.)Byusingforceorintimidation
2.)Whenthewomanisdeprivedofreasonorotherwiseunconsciousand
3.)Whenthewomanisundertwelveyearsofageorisdemented.
Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall
be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty
shall be reclusion perpetua to death.
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When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant
circumstances:
1.) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent,
guardian,relativebyconsanguinityoraffinitywithinthethirdcivildegree,orthecommonlawspouseofthe
parentofthevictim.
2.)Whenthevictimisunderthecustodyofthepoliceormilitaryauthorities.
3.)Whentherapeiscommittedinfullviewofthehusband,parent,anyofthechildrenorotherrelativeswithin
thethirddegreeofconsanguinity.
4.)Whenthevictimisareligiousorachildbelowseven(7)yearsold.
5.)WhentheoffenderknowsthatheisafflictedwithAcquiredImmuneDeficiencySyndrome(AIDS)disease.
6.)WhencommittedbyanymemberoftheArmedForcesofthePhilippinesorPhilippineNationalPoliceorany
lawenforcementagency.
7.)Whenbyreasonorontheoccasionoftherape,thevictimhassufferedpermanentphysicalmutilation.[14]
Atthetimeofthecommissionofthisheinousact,rapewasstillconsideredacrimeagainstchastity,[15] although
undertheAntiRapeLawof1997(R.A.No.8353),rapehassincebeenreclassifiedasacrimeagainstpersons
underArticles266Aand266B,andthus,maybeprosecutedevenwithoutacomplaintfiledbytheoffended
party.
The gravamen of the offense of rape, prior to R.A. 8353, is sexual congress with a woman by force and
withoutconsent.[16](Underthenewlaw,rapemaybecommittedevenbyawomanandthevictimmayevenbea
man.)[17] If the woman is under 12 years of age, proof of force and consent becomes immaterial[18] not only
because force is not an element of statutory rape,[19] but the absence of a free consent is presumed when the
woman is below such age. Conviction will therefore lie, provided sexual intercourse is be proven. But if the
womanis12yearsofageoroveratthetimeshewasviolated,asinthiscase,notonlythefirstelementofsexual
intercoursemustbeprovenbutalsotheotherelementthattheperpetratorsevilactswiththeoffendedpartywas
done through force, violence, intimidation or threat needs to be established.Both elements are present in this
case.
Basedontheevidenceonrecord,sexualintercoursewiththevictimwasadequatelyproven.Thisisshown
fromthetestimonyofthemedicaldoctorwhoconductedpostmortemexaminationonthechildsbody:
Q:Andafterthatwhatotherpartsofthevictimdidyouexamine?
A:ThenIexaminedthegenitaliaofthevictim.
Q:Andwhatdidyoufindoutafteryouexaminedthegenitaliaofthevictim?
A:Thehymenwastallthickwithcompletelacerationat4:00oclockand8:00oclockpositionandthattheedgeswere
congested.
Q:Now,whatmighthavecausedthelaceration?
A:Undernormalcircumstancesthismighthave(sic)causedbyapenetrationofanorgan.
Q:So,thelacerationwascausedbythepenetrationofamaleorgan?
A:Adultmaleorgan,sir.
Q:Youareverysureofthat,Mr.Witness?
A:Iamverysureofthat.[20]
Besides,asmaybegleanedfromhisextrajudicialconfession,appellanthimselfadmittedthathehadsexual
congresswiththeunconsciouschild.
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15.T:Anoangnangyaringmgasandalioorasnaiyon?
S:NatutulogpoakosaitaasngbahayniATEMARIA,yungmalakingbahaynaginagawa,taposdumatingyungbatang
babae.Pagpasokniyasakuwartohinawakankosiyasakamaytapostinulakkosiya.Tapostumamayunguloniya
samesa.Ayonna,nakakatulognasiyataposnirapekonasiya.
16.T:Anoangsuotnungbatangbabaenasinasabimo?
S:Itongshortnaito,(pointingtoadirtywhiteshortplacedatopthisinvestigatorstable.Subjectevidencewerepartof
evidencesrecoveredatthecrimescene).
17.T:Bakitmonamannirapeyungbatangbabae?
S:Ehnasobrahanakonglasing.Hindikonaalamangginagawako.
18.T:Anobaanginyongininombakitkanasobrahannglasing?
S:RedHorsepoatsakaGIN.
19.T:SaanlugarngmalakingbahayniATEMARIAmonirapeyungbatangbabae?
S:Sakuwartokoposaitaas.
20.T:Kailanitoatanongorasnangyari?
S:Mgabandangalas8:00nggabi,arawngLinggo,hindikonamatandaankunganongpetsa,bastaarawngLinggo.
21.T:Saanlugaritonangyari?
S:SaDiam,Gen.T.deLeon,Valenzuela,M.M.
22.T:Alammonabaangpangalanngbatangbabaenanirapemo?
S:Hindikopoalam.
23. T: Ngayon, nais kong ipaalam sa iyo na ang pangalan ng batang babae na iyong ni rape at pinatay ay si MA.
VICTORIACHAN?Matatandaanmobaito?
S:Oho.
24.T:Nungmarapemo,nakaraoskaba?
S:Nakaisapo.
25.T:NaiskongliwanaginsaiyokunganoangibigsabihinngNAKARAOS,maaaribangipaliwanagmoito?
S:Nilabasanpoakongtamod.
26.T:Nungnakaraoska,nasaanpartengkatawanngbatangbabaeyungiyongari?
S:Nakapasokpodoonsaarinungbabae.
27.T:NataposmongmarapesiMA.VICTORIACHAN,anopaangsumunodmongginawa?
S:Natulakkosiyasaterrace.
28.T:AnoangnangyarikayMA.VICTORIAmataposmongitulaksaterrace?
S:Inilagaykoposaposonegra.
29.T:Saanmakikitayungposonegranasinasabimo?
S:DoondinsamalakingbahayniATEMARIA.
30.T:BakitmonamangnaisipangilagaysiMA.VICTORIAsaposonegra?
S:Doonkolangpoinilagay.
31.T:Bakitngadoonmoinilagaysiya?
S:Natatakotpoako.
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32.T:Kaninokanatatakot?
S:Natatakotpoakosaginawakongmasama,natatakotakosamgapulis.
33.T:BuhaypabasiMA.VICTORIAnungilagaymosiyasaposonegra?
S:Hindikopoalamdahilnungpagbagsakniyainilagaykonasiyasaposonegra.
34.T:Nunggawinmobaitongkrimennaito,mayroonkakasama?
S:Nagiisalangpoako.
35.T:NoongmgaorasosandalinggahasainmosiMA.VICTORIACHAN,buhaypabasiyaopatayna?
S:Buhaypapo.
36.T:Papaanomosiyapinatay?
S:Tinulakkongaposiyasaterrace.[21]
In proving sexual intercourse, it is not full or deep penetration of the victims vagina rather the slightest
penetrationofthemaleorganintothefemalesexorganisenoughtoconsummatethesexualintercourse.[22]The
meretouchingbythemalesorganorinstrumentofsexofthelabiaofthepudendumofthewomansprivateparts
issufficienttoconsummaterape.
Fromthewounds,contusionsandabrasionssufferedbythevictim,forcewasindeedemployeduponherto
satisfycarnallust.Moreover,fromappellantsownaccount,hepushedthevictimcausingthelattertohitherhead
on the table and fell unconscious. It was at that instance that he ravished her and satisfied his salacious and
prurientdesires.Consideringthatthevictim,atthetimeofherpenileinvasion,wasunconscious,itcouldsafely
beconcludedthatshehadnotgivenfreeandvoluntaryconsenttoherdefilement,whetherbeforeorduringthe
sexualact.
Anotherthingthatmilitatesagainstappellantishisextrajudicialconfession,whichhe,however,claimswas
executedinviolationofhisconstitutionalrighttocounsel.Buthiscontentionisbeliedbytherecordsaswellas
the testimony of the lawyer who assisted, warned and explained to him his constitutionally guaranteed pre
interrogatoryandcustodialrights.Astestifiedtobytheassistinglawyer:
QWillyoupleaseinformtheCourtwhatwasthatcallabout?
AWewenttothestation,policeinvestigationtogetherwithAtty.FroilanZapantaandweweretoldbyPoliceOfficer
AlabastrothatoneLarryMahinaywouldliketoconfessofthecrimeof,Ithink,rapewithhomicide.
QAnduponreachingtheinvestigationroomofValenzuelaPNPwhoweretheotherpersonpresent?
APoliceOfficerAlabastro,sir,PoliceOfficerNacisandotherinvestigatorinsidetheinvestigationroomandtheparents
ofthechildwhowasallegedlyraped.
QAndwhenyoureachedtheinvestigationroomdoyounoticewhethertheaccusedalreadythere?
ATheaccusedwasalreadythere.
QWashealone?
Ahewasalone,sir.
QSo,whenyouwerealreadyinfrontofSPO1ArnoldAlabastroandtheotherPNPOfficers,whatdidtheytellyou,if
any?
ATheytoldustogetherwithAtty.ZapantathatthisLarryMahinaywouldliketoconfessofthecrimecharged,sir.
QBytheway,whowasthatAtty.Zapanta?
AOurimmediateSuperiorofthePublicAttorneysOffice.
QWashealsopresentatthestartofthequestionandanswerperiodtotheaccused?
ANomore,sir,healreadywenttoouroffice.Iwasleftalone.
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QButhesawtheaccused,LarryMahinay?
AYes,sir.
QNow,whenAtty.Zapantaleftatwhattimedidthequestionandanswerperiodstart?
AIfIamnotmistakenataround4:05ofJuly7,1995intheafternoon,sir.
QAndwhenthisquestionandanswerperiodstarted,whatwasthefirstthingthatyoudidasassistinglawyertothe
accused?
AFirst,Itriedtoexplaintohimhisright,sir,undertheconstitution.
QWhatarethoseright?
AThat he has the right to remain silent. That he has the right of a counsel of his own choice and that if he has no
counselalawyerwillbeappointedtohimandthathehastherighttorefusetoansweranyquestionthatwould
incriminatehim.
Q Now, after enumerating these constitutional rights of accused Larry Mahinay, do you recall whether this
constitutionalrightenumeratedbyyouwerereducedinwriting?
AYes,sir,anditwasalsoexplainedtohimonebyonebyPoliceOfficerAlabastro.
QIshowtoyouthisconstitutionalrightwhichyousaidwerereducedintowriting,willyoubeabletorecognizethe
same?
AYes,sir.
QWillyoupleasegooverthisandtelltheCourtwhetherthatisthesamedocumentyoumentioned?
AYes,sir,thesewerethesaidrightsreducedintowriting.
ATTY.PRINCIPE:
Maywerequest,YourHonor,thatthisdocumentbemarkedasourExhibitAproper.
QDo you recall after reducing into writing this constitutional right of the accused whether you asked him to sign to
acknowledgeortoconform?
AIwastheonewhoaskedhim,sir.ItwasPoliceOfficerAlabastro.
QButyouwerepresent?
AIwasthenpresentwhenhesigned.
QThereisasignatureinthisconstitutionalrightaftertheenumeration,beforeandaftertherearetwo(2)signatures,
willyoupleaserecognizethetwo(2)signatures?
AThesewerethesamesignaturessignedinmypresence,sir.
QThesignatureofwhom?
AThesignatureofLarryMahinay,sir.
ATTY.PRINCIPE:
Maywerequest,YourHonor,thatthetwo(2)signaturesidentifiedbymycompaerobeencircledandmarkedasExhibit
A1andA2.
QAfteryousaidthatyouapprisedtheaccusedofhisconstitutionalrightexplainingtohiminFilipino,inlocaldialect,
whatwastherespondoftheaccused?
ALarryMahinaysaidthatwewillproceedwithhisstatement.
QWhatwasthereply?
AHesaidOpo.
QDidyouaskhimofhiseducationalattainment?
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AItwasthePoliceOfficerwhoaskedhim.
QInyourpresence?
AInmypresence,sir.
QAndwhenhesaidorwhenherepliedOposothequestionstarted?
AYes,sir.
QInoticedinthisExhibitAthatthereisalsoawaiverofrights,wereyoupresentalsowhenhesignedthiswaiver?
AYes,sir,Iwasalsopresent.
QDidyouexplaintohimthemeaningofthiswaiver?
AIhadalsoexplainedtohim,sir.
QInFilipino?
AInTagalog,sir.
QAndthereisalsoasignatureafterthewaiverinFilipinooverthetypewrittennameLarryMahinay,Nagsasalaysay,
whosesignatureisthat?
AThisisalsosignedinmypresence.
QWhyareyousurethatthisishissignature?
AHesignedinmypresence,sir.
QAndbelowimmediatelyarethetwo(2)signatures.ThefirstoneiswhenLarryMahinaysubscribedandswornto,
thereisasignaturehere,doyourecognizethissignature?
AThisismysignature,sir.
QAnd immediately after your first signature is a Certification that you have personally examined the accused Larry
MahinayandtestifiedthathevoluntaryexecutedtheExtraJudicialConfession,doyourecognizethesignature?
AThisisalsomysignature,sir.[23](emphasissupplied).
Appellantsdefensethattwootherpersonsbroughttohimthedeadbodyofthevictimandforcedhimtorape
thecadaveristoounbelievable.InthewordsofViceChancellorVanFleetofNewJersey,[24]
Evidence to be believed must not only proceed from the mouth of a credible witness, but must be credible in itself- such
as the common experience and observation of mankind can approve as probable under the circumstances. We have no
test of the truth of human testimony, except its conformity to our knowledge, observation and experience. Whatever is
repugnant to these belongs to the miraculous, and is outside of judicial cognizance.
Ultimately,alltheforegoingboilsdowntotheissueofcredibilityofwitnesses.Settledistherulethatthe
findingsoffactsandassessmentofcredibilityofwitnessesisamatterbestlefttothetrialcourtbecauseofits
uniquepositionofhavingobservedthatelusiveandincommunicableevidenceofthewitnessesdepartmenton
the stand while testifying, which opportunity is denied to the appellate courts.[25] In this case, the trial courts
findings,conclusionsandevaluationofthetestimonyofwitnessesisreceivedonappealwiththehighestrespect,
[26]thesamebeingsupportedbysubstantialevidenceonrecord.Therewasnoshowingthatthecourtaquohad
overlooked or disregarded relevant facts and circumstances which when considered would have affected the
outcomeofthiscase[27]orjustifyadeparturefromtheassessmentsandfindingsofthecourtbelow.Theabsence
ofanyimproperorillmotiveonthepartoftheprincipalwitnessesfortheprosecutionallthemorestrengthens
theconclusionthatnosuchmotiveexists.[28]Neitherwasanywrongmotiveattributedtothepoliceofficerswho
testifiedagainstappellant.
Coming now to the penalty, the sentence imposed by the trial court is correct. Under Article 335 of the
RevisedPenalCode(RPC),asamendedbyR.A.7659whenbyreasonoronoccasionoftherape,ahomicideis
committed, the penalty shall be death. This special complex crime is treated by law in the same degree as
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qualifiedrapethatis,whenanyofthe7(now10)attendantcircumstancesenumeratedinthelawisallegedand
proven,inwhichinstances,thepenaltyisdeath.Incaseswhereanyofthosecircumstancesisproventhoughnot
alleged, the penalty cannot be death except if the circumstance proven can be properly appreciated as an
aggravating circumstance under Articles 14 and 15 of the RPC which will affect the imposition of the proper
penaltyinaccordancewithArticle63oftheRPC.However,ifanyofthosecircumstancesprovenbutnotalleged
cannot be considered as an aggravating circumstance under Articles 14 and 15, the same cannot affect the
imposition of the penalty because Articles 63 of the RPC in mentioning aggravating circumstances refers to
those defined in Articles 14 and 15. Under R.A. No. 8353, if any of the 10 circumstances is alleged in the
information/complaint, it may be treated as a qualifying circumstance. But if it is not so alleged, it may be
consideredasanaggravatingcircumstance,inwhichcasetheonlypenaltyisdeathsubjecttotheusualproofof
suchcircumstanceineithercase.
Deathbeingasingleindivisiblepenaltyandtheonlypenaltyprescribedbylawforthecrimeofrapewith
homicide,thecourthasnooptionbuttoapplythesameregardlessofanymitigatingoraggravatingcircumstance
thatmayhaveattendedthecommissionofthecrime[29]inaccordancewithArticle63oftheRPC,asamended.
[30]Thiscaseofrapewithhomicidecarrieswithitpenaltyofdeathwhichismandatorilyimposedbylawwithin
theimportofArticle47oftheRPC,asamended,whichprovides:
The death penalty shall be imposed in all cases in which it must be imposed under existing laws, except when the guilty
person is below eighteen (18) years of age at the time of the commission of the crime or is more than seventy years of
age or when upon appeal or automatic review of the case by the Supreme Court, the required majority vote is not
obtained for the imposition of the death penalty, in which cases the penalty shall be reclusion perpetua. (emphasis
supplied).
Inanapparentbutfutileattempttoescapetheimpositionofthedeathpenalty,appellanttriedtoalterhisdate
ofbirthtoshowthathewasonly17yearsandafewmonthsoldatthetimehecommittedtherapeandthus,
coveredbytheproscriptionontheimpositionofdeathiftheguiltypersonisbeloweighteen(18)yearsatthe
timeofthecommissionofthecrime.[31]Again,therecordrebuffsappellantonthispointconsideringthathewas
proventobealreadymorethan20yearsofagewhenhedidtheheinousact.
Pursuanttocurrentcaselaw,avictimofsimplerapeisentitledtoacivilindemnityoffiftythousandpesos
(P50,000.00) but if the crime of rape is committed or effectively qualified by any of the circumstances under
whichthedeathpenaltyisauthorizedbypresentamendedlaw,thecivilindemnityforthevictimshallbenotless
than seventyfive thousand pesos (P75,000.00).[32] In addition to such indemnity, she can also recover moral
damages pursuant to Article 2219 of the Civil Code[33] in such amount as the court deems just, without the
necessityforpleadingorproofofthebasisthereof.[34]CivilIndemnityisdifferentfromtheawardofmoraland
exemplarydamages.[35] TherequirementofproofofmentalandphysicalsufferingprovidedinArticle2217of
theCivilCodeisdispensedwithbecauseitisrecognizedthatthevictimsinjuryisinherentlyconcomitantwith
andnecessarilyresultingfromtheodiouscrimeofrapetowarrantpersetheawardofmoraldamages.[36] Thus,
itwasheldthataconvictionforrapecarrieswithittheawardofmoraldamagestothevictimwithoutneedfor
pleadingorproofofthebasisthereof.[37]
Exemplary damages can also be awarded if the commission of the crime was attended by one or more
aggravatingcircumstancespursuanttoArticle2230oftheCivilCode[38] after proof that the offended party is
entitled to moral, temperate and compensatory damages.[39] Under the circumstances of this case, appellant is
liabletothevictimsheirsfortheamountofP75,000.00ascivilindemnityandP50,000.00asmoraldamages.
Lastly,consideringtheheavypenaltyofdeathandinordertoensurethattheevidenceagainstandaccused
wereobtainedthroughlawfulmeans,theCourt,asguardianoftherightsofthepeoplelaysdowntheprocedure,
guidelinesanddutieswhichthearresting,detaining,inviting,orinvestigatingofficerorhiscompanionsmustdo
andobserveatthetimeofmakinganarrestandagainatandduringthetimeofthecustodialinterrogation[40] in
accordance with the Constitution, jurisprudence and Republic Act No. 7438:[41] It is hightime to educate our
lawenforcement agencies who neglect either by ignorance or indifference the socalled Miranda rights which
hadbecomeinsufficientandwhichtheCourtmustupdateinthelightofnewlegaldevelopments:
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1.Thepersonarrested,detained,invitedorundercustodialinvestigationmustbeinformedinalanguageknown
toandunderstoodbyhimofthereasonforthearrestandhemustbeshownthewarrantofarrest,ifanyEvery
other warnings, information or communication must be in a language known to and understood by said
person
2. He must be warned that he has a right to remain silent and that any statement he makes may be used as
evidenceagainsthim
3.Hemustbeinformedthathehastherighttobeassistedatalltimesandhavethepresenceofanindependent
andcompetentlawyer,preferablyofhisownchoice
4.Hemustbeinformedthatifhehasnolawyerorcannotaffordtheservicesofalawyer,onewillbeprovidedfor
himandthatalawyermayalsobeengagedbyanypersoninhisbehalf,ormaybeappointedbythecourt
uponpetitionofthepersonarrestedoroneactinginhisbehalf
5.Thatwhetherornotthepersonarrestedhasalawyer,hemustbeinformedthatnocustodialinvestigationin
anyformshallbeconductedexceptinthepresenceofhiscounselorafteravalidwaiverhasbeenmade
6.Thepersonarrestedmustbeinformedthat,atanytime,hehastherighttocommunicateorconferbythemost
expedient means telephone, radio, letter or messenger with his lawyer (either retained or appointed), any
memberofhisimmediatefamily,oranymedicaldoctor,priestorministerchosenbyhimorbyanyonefrom
hisimmediatefamilyorbyhiscounsel,orbevisitedby/conferwithdulyaccreditednationalorinternational
nongovernmentorganization.Itshallbetheresponsibilityoftheofficertoensurethatthisisaccomplished
7. He must be informed that he has the right to waive any of said rights provided it is made voluntarily,
knowinglyandintelligentlyandensurethatheunderstoodthesame
8.Inaddition,ifthepersonarrestedwaiveshisrighttoalawyer,hemustbeinformedthatitmustbedonein
writingANDinthepresenceofcounsel,otherwise,hemustbewarnedthatthewaiverisvoidevenifheinsist
onhiswaiverandchoosestospeak
9.That the person arrested must be informed that he may indicate in any manner at any time or stage of the
processthathedoesnotwishtobequestionedwithwarningthatoncehemakessuchindication,thepolice
maynotinterrogatehimifthesamehadnotyetcommenced,ortheinterrogationmustceasedifithasalready
begun
10.Thepersonarrestedmustbeinformedthathisinitialwaiverofhisrighttoremainsilent,therighttocounsel
oranyofhisrightsdoesnotbarhimfrominvokingitatanytimeduringtheprocess,regardlessofwhetherhe
mayhaveansweredsomequestionsorvolunteeredsomestatements
11.Hemustalsobeinformedthatanystatementorevidence,asthecasemaybe,obtainedinviolationofanyof
theforegoing,whetherinculpatoryorexculpatory,inwholeorinpart,shallbeinadmissibleinevidence.
Four members of the Court although maintaining their adherence to the separate opinions expressed in
People v. Echegaray[42] that R.A. No. 7659, insofar as it prescribes the death penalty, is unconstitutional
neverthelesssubmittotherulingoftheCourt,byamajorityvote,thatthelawisconstitutionalandthatthedeath
penaltyshouldaccordinglybeimposed.
WHEREFORE,theconvictionofappellantisherebyAFFIRMEDexceptfortheawardofcivilindemnity
fortheheinousrapewhichisINCREASEDtoP75,000.00,PLUSP50,000.00moraldamages.
InaccordancewithSection25ofRepublicActNo.7659,amendingArticle83oftheRevisedPenalCode,
uponfinalityofthisdecision,lettherecordsofthiscasebeforthwithforwardedtotheOfficeofthePresidentfor
possibleexerciseofthepardoningpower.
SOORDERED.
Davide, Jr., C.J., Romero, Bellosillo, Melo, Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing,
Martinez,Purisima,Pardo,Buena,andGonzagaReyes,JJ.,concur.
[1]Rollo,pp.146154AppelleesBrieffiledbytheSolicitorGeneral,pp.210.
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*SicisnolongerindicatedsoasnottoclutterthenarrationandotherquotationsfromtherecordsandthetranscriptofStenographic
Notes(TSN).
[2]InformationdocketedasCriminalCaseNo.4974V95filedbeforetheRegionalTrialCourt(RTC)ofValenzuela,MetroManila.
[3]Rollo,p.8RTCRecords,p.2.
[4]DecisiondatedOctober25,1995pennedbyJudgeAdrianoR.OsorioofBranch171oftheRTCofValenzuelaRollo,p.130.
[5]Article 47, Revised Penal Code, as amended by Section 22, R.A. 7659 provides: In what cases the death penalty shall not be
imposedautomaticreviewofdeathpenaltycases.xxxInallcaseswherethedeathpenaltyisimposedbythetrialcourt,therecords
shallbeforwardedtotheSupremeCourtforautomaticreviewandjudgmentbytheCourtenbanc, within twenty (20) days but not
earlierthanfifteen(15)daysafterpromulgationofthejudgmentornoticeofdenialofanymotionfornewtrialorreconsideration.The
transcriptshallalsobeforwardedwithinten(10)daysafterthefilingthereofbythestenographicreporter.(Emphasissupplied).
[6]Rollo,pp.152154.
[7]Peoplev.Galera,280SCRA492.
[8]Section4,Rule133,RevisedRulesonEvidence.
[9]Peoplev.Rivera,G.R.No.117471,September3,1998Peoplev.Quitorio,et.al.,G.R.No.116765,January28,1998Peoplev.
Berroya,283SCRA111Peoplev.Abrera,283SCRA1Peoplev.Doro,282SCRA1Peoplev.Dabbay,277SCRA432Peoplev.
Bonola,274SCRA238Peoplev.Grefaldia,273SCRA591.
[10]Peoplev.DeGuia,280SCRA141.
[11]Peoplev.Alberca,257SCRA613citingPeoplev.Abitona,240SCRA335.
[12]Rollo,pp.126129RTCDecisionpp.1518.
[13]Peoplev.Gallo,284SCRA(1998)590.
[14] Article 335 of the Revised Penal Code (RPC), as amended by R.A. No. 7659 and further amended by R.A. No. 8353, was
renumberedtoArticles266Aand266BoftheRPCwhichreads:
Art.266A.RapeWhenandhowcommitted.Rapeiscommitted
1.)Byamanwhoshallhavecarnalknowledgeofawomanunderanyofthefollowingcircumstances:
a.)Throughforce,threat,orintimidation
b.)Whentheoffendedpartyisdeprivedofreasonorotherwiseunconscious
c.)Bymeansoffraudulentmachinationorgraveabuseofauthorityand
d.)Whentheoffendedpartyisundertwelveyearsofageorisdemented,eventhoughnoneofthecircumstancesmentionedabovebe
present.
2.)By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by
insertinghispenisintoanotherpersonsmouthoranalorifice,oranyinstrumentorobject,intothegenitaloranalorificeofanother
person.
Art.266B.Penalties.Rapeunderparagraph1ofthenextprecedingarticleshallbepunishedbyreclusionperpetua.
Whenevertherapeiscommittedwithuseofadeadlyweaponorbytwoormorepersons,thepenaltyshallbereclusionperpetuato
death.
Whenbyreasonorontheoccasionoftherape,thevictimhasbecomeinsane,thepenaltyshallbereclusionperpetuatodeath.
Whentherapeisattemptedandahomicideiscommittedbyreasonorontheoccasionthereof,thepenaltyshallbereclusionperpetuato
death.
Whenbyreasonorontheoccasionoftherape,homicideiscommitted,thepenaltyshallbedeath.
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying
circumstances:
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1.)When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by
consanguinityoraffinitywithinthethirdcivildegree,orthecommonlawspouseoftheparentofthevictim
2.)Whenthevictimisunderthecustodyofthepoliceormilitaryauthoritiesoranylawenforcementorpenalinstitution
3.)When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third degree of
consanguinity.
4.)Whenthevictimisareligiousengagedinlegitimatereligiousvocationorcallingandispersonallyknowntobesuchbytheoffender
beforeoratthetimeofthecommissionofthecrime
5.)Whenthevictimisachildbelowseven(7)yearsold
6.)WhentheoffenderknowsthatheisafflictedwithHumanImmunoDeficiencyVirus(HIV)/AcquiredImmuneDeficiencySyndrome
(AIDS)oranyothersexuallytransmissiblediseaseandthevirusordiseaseistransmittedtothevictim
7.)When committed by any member of the Armed Forces of the Philippines or Philippine National Police or any law enforcement
agency.
8.)Whenbyreasonorontheoccasionoftherape,thevictimhassufferedpermanentphysicalmutilation.
9.)Whentheoffenderknewofthepregnancyoftheoffendedpartyatthetimeofthecommissionofthecrimeand
10.)Whentheoffenderknewofthementaldisability,emotionaldisorderand/orphysicalhandicapoftheoffendedpartyatthetimeof
thecommissionofthecrime.
Rapeunderparagraph2ofthenextprecedingArticleshallbepunishedbyprisionmayor.
Whenevertherapeiscommittedwiththeuseofadeadlyweaponorbytwoormorepersons,thepenaltyshallbeprisionmayorto
reclusiontemporal.
Whenbyreasonorontheoccasionoftherape,thevictimhasbecomeinsane,thepenaltyshallbereclusiontemporal.
Whentherapeisattemptedandthehomicideiscommittedbyreasonoronoccasionthereof,thepenaltyshallbereclusiontemporalor
reclusionperpetua.
"Whenbyreasonorontheoccasionoftherape,homicideiscommitted,thepenaltyshallbereclusionperpetua.
Reclusiontemporalshallalsobeimposediftherapeiscommittedwithanyofthetenaggravating/qualifyingcircumstancesmentioned
inthisarticle.
[15]ThiscaseoccurredafterthepassingoftheDeathPenaltyLaw(R.A.No.7659)whichtookeffectonDecember31,1993.
[16]Peoplev.PhilipTan,Jr.264SCRA425.
[17]Article266A,RevisedPenalCode,asamendedbyR.A.No.8353,
[18] People v. Lagrosa, Jr., 230 SCRA 298 The two elements of statutory rape are: (1) that the accused had carnal knowledge of a
womanand(2)thatthewomanisbelowtwelveyearsofage.(Peoplev.Andres,253SCRA751).
[19]Peoplev.Abordo,328Phil.80Peoplev.Oarga,328Phil.395Peoplev.Ligotan,331Phil98.
[20]TSN,September1,1995,Dr.AntonioVertido,pp.1819.
[21]SinumpaangSalaysayofappellantLarryMahinay,datedJuly8,1995RTCRecordsp.20.
[22]Peoplev.Ligotan,331Phil98Peoplev.Lazaro,249SCRA234.
[23]TSN,August11,1995,morningsession,Atty.RestitutoViernes,pp.611.
[24]CitedinDaggersv.VanDyck,37N.J.Eq.,130,132SeealsoPeoplev.Cara,283SCRA96.
[25]Peoplev.PhilipTan,Jr.264SCRA425.
[26]Peoplev.Baccay,284SCRA296Peoplev.Tenorio,284SCRA420.
[27]Peoplev.Dio,44SCAD559Peoplev.Matrimonio,215SCRA613.
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[28]Peoplev.Ravanes,284SCRA634.
[29]Peoplev.Ramos,G.R.No.129439,September25,1998.
[30]Rulesfortheapplicationofindivisiblepenalties.Inallcasesinwhichthelawprescribesasingleindivisiblepenalty,Itshallbe
appliedbythecourtsregardlessofanymitigatingoraggravatingcircumstancethatmayhaveattendedthecommissionofthedeed.Xx
x
[31]Article47,RPC,asamended.
[32]Peoplev.Perez,G.R.No.122764,September24,1998Peoplev.Bernaldez,G.R.No.109780,August17,1998citingPeoplev.
VictoryPenis,G.R.No.127903,July9,1998.
[33]Moraldamagesmayberecoveredinthefollowingandanalogouscases:
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(3)seduction,abduction,rapeorotherlasciviousacts
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Theparentsofthefemaleseduced,abducted,raped,orabused,referredtoinNo.3ofthisArticle,mayalsorecovermoraldamages.
[34]Peoplev.DelosSantos,G.R.No.121906,September17,1998Peoplev.VictoryPenis,supra.
[35]Peoplev.Prades,G.R.No.127569,July30,1998citedinPeoplev.Mostrales,G.R.No.125937,August28,1998.
[36]Peoplev.Perez,supra.
[37]Peoplev.Bartolome,G.R.No.129054,September29,1998citingPeoplev.Prades,Peoplev.Alfeche,G.R.No.124213,August
17,1998SeealsoArticle2219(3),NewCivilCode.
[38]Peoplev.Bernaldez,supra.
[39]Peoplev.Ramos,G.R.No.129439,September25,1998Peoplev.Tabugoca,285SCRA312.
[40]Peoplev.Dicierdo,149SCRA496.
[41] Under R.A. No. 7438 (AN ACT DEFINING CERTAIN RIGHTS OF PERSON ARRESTED, DETAINED OR UNDER
CUSTODIAL INVESTIGATION AS WELL AS THE DUTIES OF THE ARRESTING, DETAINING, AND INVESTIGATING
OFFICERS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF) which took effect only on July 7, 1992, custodial
investigationincludesthepracticeofissuinganinvitationtoapersonwhoisinvestigatedinconnectionwithanoffenseheissuspected
tohavecommitted.
[42]267SCRA682(1997).
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