Case No. 2 G.R. No. 233867.

February 28, 2022

PEOPLE OF THE PHILIPPINES VS. XXX

 Accused: XXX (was employed as a stay-in family driver during the time material to the cases)
 Victim: AAA( 14 yrs. old at the time of offense)
 Crime: Rape and Lascivious Conduct against a minor, AAA (name not provided)
 Court Decision: The accused was found guilty beyond reasonable doubt on all counts.
 Penalty:
o Lascivious Conduct (2 counts): 14 years and 8 months to 17 years and 4 months imprisonment for each
count, plus payment of ₱50,000 each for civil indemnity, moral damages, and exemplary damages to
AAA.
o Simple Rape: Life imprisonment (reclusion perpetua), plus payment of ₱75,000 each for civil indemnity,

CRIMINAL CASE CHARGED on appeal: two counts of Rape through sexual assault under paragraph 2, Article 266- (RPC)
one count of Rape through sexual intercourse under paragraph 1, Article 266-A of the RPC

Three separate Informations charging accused-appellant with two counts of Rape through sexual assault and one count
of Rape through sexual intercourse, thus:

Criminal Case No. 06-809(

[For rape under paragraph 2 of Article 266-A of the RPC (sexual assault) in relation to RA 7610

that on or around September 2, 2006, XXX willfully, illegally, and criminally committed a sexual assault
on the complainant, [AAA],9 a minor who is fourteen (14) years old, by forcing his finger inside the
complainant's vagina against the complainant's will and consent. Given that the complainant was a
minor at the time of the offence, fourteen (14) years old, there is an aggravating/qualifying
circumstance.

AAA- 14 yrs. old at the time of offense (considered as qualifying/aggravating circumstances under Art.
266B of RPC

XXX- forcibly inserted his finger inside AAA’s vagina (considered as an element of rape thru sexual
assault)

- against the will of the victim

- committed an act of sexual assault

ELEMENTS OF rape thru sexual assault

1. offender commits an act of sexual assault

2. the act of sexual assault is committed by any of the following means
a. by inserting his penis into another person’s mouth or anal orifice( liable- men)
b. inserting any instrument ( includes other parts of the body- finger) or object into the genital or anal orifice
of another person.(liable- any person)
 Criminal Case No. 07-146

[For rape under paragraph 2 of Article 266-A of the RPC (sexual assault) in relation to RA 7610

That approximately on August 23, 2006, XXX willfully, unlawfully, and feloniously committed a
sexual assault on the person of the complainant, [AAA], a fourteen (14) year old minor, by sticking his
finger in her vagina against her will and consent. XXX did this by using force, threats, and intimidation.

AAA- 14 yrs. old at the time of offense (considered as qualifying/aggravating circumstances under Art.
266B of RPC

XXX- committed sexual assault

-inserted his finger inside AAA’s vagina

- by using force, threats, and intimidation

ELEMENTS OF rape thru sexual assault

3. offender commits an act of sexual assault

4. the act of sexual assault is committed by any of the following means
c. by inserting his penis into another person’s mouth or anal orifice( liable- men)
d. inserting any instrument ( includes other parts of the body- finger) or object into the genital or anal orifice
of another person.(liable- any person)

Criminal Case No. 07-147

[For rape under paragraph 1 of Article 266-A of the RPC in relation to RA 7610

On or around August 26, 2006, XXX unlawfully and criminally obtained carnal knowledge of complainant [AAA], a minor
aged 14, using coercion, threats, and intimidation, without the agreement or will of the complainant.

AAA-14 yrs. old at the time of offense (considered as qualifying/aggravating circumstances under Art. 266B of
RPC

XXX- has carnal knowledge of complainant

-coercion, threats, and intimidation

-absence of will and consent of AAA

Article 266-A

1. Offender is a man( RA 8353) , Offender is a person (RA 11648)

2. Offender had a carnal knowledge
(RA 11648) victim is any person, (RA 8353) victim is a woman
Carnal Knowledge- act of any person having sexual bodily connection
3. Such act is accomplished under the ff. circumstances:
a. Through force, threat or intimidation( there is a resistance or not)
 b. When the victim is deprive of reason or otherwise unconscious(sleeping, drunk that cannot defend himself)
c. By means of fraudulent machination or grave abuse of authority( there is consent by means of deceit)
d. Victim is under 16 yrs. Old

 Accused-appellant was properly charged with both offences in this particular case, as all the elements were
present.
 All the elements of both offences were present and that AAA was a reliable witness.
 AAA was able to identify the accused-appellant as the one who had committed the three incidents.
 Able to describe the events of the three instances in which accused-appellant assaulted her in a clear and
concise manner.

In relation to ARTICLE III of RA 7610 Child Prostitution and Other Sexual Abuse UNDER Section 5. Child
Prostitution and Other Sexual Abuse

(b) Those who commit the act of sexual intercourse of lascivious conduct with a child exploited in prostitution or
subject to other sexual abuse; Provided, That when the victims is under twelve (12) years of age, the
perpetrators shall be prosecuted under Article 335, paragraph 3, for rape and Article 336 of Act No. 3815, as
amended, the Revised Penal Code, for rape or lascivious conduct, as the case may be: Provided, That the
penalty for lascivious conduct when the victim is under twelve (12) years of age shall be reclusion temporal in its
medium period;
CASE NO. 3

G.R. No. 248049. October 04, 2022

PEOPLE OF THE PHILIPPINES VS. EFREN AGAO Y ANONUEVO

This appeal arose from two Informations dated October 27, 2014, which charged accused-appellant Efren Agao y
Añonuevo (appellant) with two counts of statutory rape, under Article 266-A, paragraph 1 and Article 266-B of the
Revised Penal Code (RPC) as amended by Republic Act No. (R.A.) 83533 in conjunction with R.A. 7610, docketed as
Criminal Case Nos. 1453-V-14 and 1454-V-14 lodged with Branch 172, Regional Trial Court of Valenzuela City (RTC). The
accusatory portions of the information read:

Crim. Case No. 1453-V-14 (STATUTORY RAPE)

At some point in July 2010, the minor victim AAA, who was 10 years old at the time, was subjected to sexual abuse by
efren, her stepfather, who used force and intimidation to willfully engage in unlawful and criminal sexual relations with
her against her will and without her consent. This abuse severely damaged and diminished the victim's inherent worth
and dignity as a human being.

STATUTORY RAPE
Under RA 8353 rape of a woman under 12 yrs. of age or demented and under RA 111648 rape of any person under 16
yrs. of age or demented. It is committed by Rape by sexual assault and Rape by sexual intercourse.

AAA- was 10 yrs. old at the time of incident

Accused- with force and intimidation, wilfully engage in unlawful and criminal sexual relations with her step daughter
- against her will and without her consent

Crim. Case No. 1454-V-14(SIMPLE RAPE THRU SEXUAL INTERCOURSE)

It is alleged that at some point in January 2012, efren—who is the stepfather of the minor victim AAA—used coercion
and threats to get the 13-year-old victim to consent to unlawful and unlawful sexual relations. This resulted in the victim
being subjected to sexual abuse, which diminished, degraded, and dehumanised her inherent worth and dignity as a
human being.
According to Art. 266 of RPC (rape thru sexual intercourse)
4. Offender is a man( RA 8353), Offender is a person (RA 11648)
5. Offender had a carnal knowledge , (RA 11648) victim is any person
(RA 8353) victim is a woman
Carnal Knowledge- act of any person having sexual bodily connection
6. Such act is accomplished under the ff. circumstances:
e. Through force, threat or intimidation( there is a resistance or not)
f. When the victim is deprive of reason or otherwise unconscious(sleeping, drunk that cannot defend
himself)
g. By means of fraudulent machination or grave abuse of authority( there is consent by means of deceit)
h. Victim is under 16 yrs. Old

AAA- was 13 yrs. old at the time of incident

- Was sleeping while the unlawful acts is done
Accused (step-father)
- Coercion and threats to consent him to unlawful sexual relation
- resulted to sexual abuse
 - There is a penile penetration (perfect or complete penetration of the complainant's private organ is not essential.
Even the slightest penetration by the male organ of the lips of the female organ, or labia of the pudendum, is sufficient.
The mere touching of the external genitalia by a penis capable of consummating the sexual act constitutes carnal
knowledge)
- Have carnal knowledge

 The Court DISMISSES the appeal and ADOPTS

 CA AFFIRMS said Decision with MODIFICATION, and hereby finds appellant Efren Agao y
Afionuevo GUILTY beyond reasonable doubt of one (1) count of Statutory Rape in Criminal Case No. 1453-V-14,
and one (1) count of Simple Rape in Criminal Case No. 1454-V-l 4 through sexual intercourse,
 sentenced to suffer the penalty of reclusion perpetua for each count.

Case No. 4

PEOPLE OF THE PHILIPPINES V. VVV [ G.R. No. 230222, June 22, 2020 ]

VVV, the accused-appellant in this case, is accused of rape by sexual assault. The prosecution produced evidence
showing the accused-appellant forced his finger into AAA, his 15-year-old daughter’s intimate area. The conviction of the
accused-appellant for rape through sexual assault and rape by carnal knowledge was upheld by the court. The accused-
appellant was determined to have been charged with two offenses in the information, but by neglecting to raise this
objection prior to entering a plea, he waived it. Because of the victim’s age, the Court changed the name of the crime
from “rape through sexual assault” to “Lascivious Conduct under Section 5 (b) of RA 7610”. The Court upheld the CA’s
ruling and made clear the consequences for the two infractions.The accused-appellant was convicted of both carnal
knowledge and sexual assault rape.

The conviction was upheld by the Court of Appeals, however the fines and damages were changed.

The appeal of the accused-appellant was denied due to insufficiency.

The accused-appellant was charged with two counts in the Information, which is against the regulations, the court
found.

By failing to voice his objection before to entering a plea, the accused-appellant waived it.

The court changed the name of the offense and the associated punishment for rape via sexual assault, but it maintained
the conviction for rape through carnal knowledge.

At the time of the assault, the victim was only fifteen years old.The victim’s father is the accused-appellant.

In her testimony, the 15-year-old girl said that her father had coerced and threatened her into having sex with him.

The accused-appellant was found to have committed sexual abuse and rape through knowledge of carnality, according
to the court’s ruling.

The accused-appellant’s arguments that the allegations were brought out of animosity were dismissed by the court.

The victim’s testimony was deemed believable by the court.

The court considered the absence of tangible proof and came to the conclusion that the victim’s testimony is
nonetheless valid in the event that there are no obvious injuries.
The accused-appellant was ordered to pay the victim numerous damages in addition to receiving a life term without the
possibility of release from jail.

kind of rape: sexual assault rape

Penalties: accused-appellant is hereby sentenced to suffer the penalty of reclusion perpetua without eligibility for
parole, and to pay AAA the amount of P100,000 as civil indemnity, P100,000 as moral damages, and P100,000 as
exemplary damages.

For rape through sexual assault under Art. 266-A, paragraph 2 of the Revised Penal Code (RPC), accused-appellant is
sentenced to an indeterminate penalty of ten (10) years of prision mayor, as minimum, to seventeen (17) years and four
(4) months of reclusion temporal, as maximum, and to pay AAA the amount of P30,000 as civil indemnity, P30,000 as
moral damages, and P30,000 as exemplary damages.

6th case

G.R. No. 218584, April 25, 2018

PEOPLE OF THE PHILIPPINES, v. DENNIS MANALIGOD Y SANTOS,

XXX- the accused a.k.a kulot

AAA- the victim (girl- 8 yr. old) minor at the time of the incident minor

BBB- father of the victim

CRIMINAL CASE- Santos was charged of statutory rape under the RPC art. 266(d)

Statutory rape is committed by:

1. Sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of it, to the sexual act.

AAA- the victim (girl- 8 yr. old) minor at the time of the incident minor

2. Proof of force, intimidation or consent is unnecessary as they are not elements of statutory rape, considering that the
absence of free consent is conclusively presumed when the victim is below the age of 12.

3. At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent
consent to the sexual act. Thus, to convict an accused of the crime of statutory rape, the prosecution carries the burden
of proving:

(a) the age of the complainant

(b) the identity of the accused

(c) the sexual intercourse between the accused and the complainant.

Under the RPC art. 266(d) STATUTORY RAPE

In RA 8353 - Rape of a woman under 12 yrs. of age or demented and RA 111648- rape of any person under 16 yrs. Of
age or demented, committed thru Rape by sexual assault and Rape by sexual intercourse

 As evidenced by her Certificate of Live Birth victim was only eight (8) years old at the time she was sexually
molested
 victim identified accused-appellant as her rapist.
 Thus, the remaining element of statutory rape which needed to be established is carnal knowledge between
accused-appellant and AAA.
 The court agrees with the lower courts' decision that the victim's testimony was believable. There's no reason to
doubt the lower courts' judgment since they carefully considered all the evidence. The victim's testimony was clear,
direct, and seemed honest.

 AFFIRMED with MODIFICATION. Accused-appellant Dennis Manaligod y Santos is found GUILTY beyond
reasonable doubt of Statutory Rape and is hereby sentenced to suffer the penalty of reclusion perpetua, without
eligibility for parole. He is ordered to pay AAA P75,000.00 as civil indemnity, P75,000.00 as moral damages and
P75,000.00 as exemplary damages.

7th case (GR NO. 203315)

People vs Joey Bacatan

The court affirms the conviction of Bacatan, Evidence on records shows that the following elements of rape were proved
beyond resonable doubt.

1. bacatan had carnal knowledge of AAA

2. it was accomplished through the use of force

•rape victim is 18 years old (private complainant)

•accused Joey Bacatan (32 years old man) lie and succeed in having carnal knowledge with one [AAA], 18 years old,
while accused Danilo Mabano held her hands by indispensable cooperation, against her will and consent.

•the accused(Bacatan) was a stranger to her as stated in the facts, while Mabano was a childhood friend of AAA’s
brother and neighbor.

•only Bacatan was taken in court custody and he pleaded "Not Guilty" to the following charges while Mabano remained
fugitive

•the first element was undisputed (the sweetheart theory can’t stand alone), it was denied by the court because it lack
of substantial corroboration.

•to be credible (sweet heart theory) it must be corroborated by letters, notes, photos, momentos, or credible
testimonies.

•the defense presented some testimonies but it isn’t enough to prove that Bacatan and the complaint(AAA) is in a
relationship. The observation of the witnesses only span for 20 minutes.

•in the second element, Bacatan points out that he didn’t used force and that AAA didn’t cry for help or fight back
strongly even if there were people nearby.

•AAA didn’t ask help right away because she was afraid and she isn’t familiar of the place.

•Bacatan said that the medical certificate doesn’t support the claim because the doctor didn’t testify.

•In the case of People vs Alverio, it was stated that medical evidence is changeable. Medical evidence isn't always
necessary to prove rape, especially if the exact time isn't crucial to the crime.
• the Court finds that AAA’s testimony passed the two-tier qualification for credibility ― it comes from a credible
witness and is credible in itself, tested by human experience, observation, common knowledge and accepted conduct
that has evolved through the years.

•Consequently, the Court upholds the ruling of the RTC and CA that AAA candidly and categorically recounted the
manner Bacatan forced her into having sexual intercourse with her against her will.

•Bacatan’s penalty- Reclusion Perpetua without eligibilty for parole. He is also ordered to pay the victim, AAA,
₱50,000.00 for civil indemnity, ₱50,000.00 for moral damages, and ₱30,000.00 for exemplary damages. The money
owed will accumulate interest at a rate of six percent (6%) per year until it is paid in full.

Case no.8

People vs edgar jumawan GR no. 187496

Edgar Jumawan, the accused-appellant in this case, was found guilty on two counts of rape by the Cagayan de Oro City
Regional Trial Court (RTC). The Supreme Court automatically reviewed the RTC’s ruling after the Court of Appeals upheld
it. Following their marriage in 1975, Edgar Jumawan and his wife, KKK, had four children together. These are the case’s
facts. KKK filed a complaint in February 1999, claiming that on December 3, 1998, her husband had sexually attacked
her, and on December 12, 1998, he had physically beaten her. The Office of the City Prosecutor determined that there
was probable cause for the rape and suggested that the accused-appellant be charged with a crime. The accused-
appellant is accused of raping his wife on October 9 and 10, 1998, according to two rape informations that were filed
with the RTC. The case’s circumstances are as follows: Edgar Jumawan and his wife, KKK, were wed in 1975 and had four
children together. KKK claimed in a February 1999 complaint that her husband had sexually assaulted her.Issue:

The main issue in this case is whether the accused-appellant is guilty of rape.

Rulling:

According to the Supreme Court, the accused-appellant is in fact guilty of rape.

The Court ruled that if sexual activity is not consensual, it is regarded as rape even when it occurs during a marriage. The
defendant must have gained carnal knowledge of the victim through force or intimidation for there to have been rape,
even if the victim is the offender’s spouse, according to Section 266-A of the Revised Penal Code, which the court
quoted.

The testimony of MMM, OOO, and KKK was deemed trustworthy and consistent by the court. The testimony of the
daughters and tangible evidence, including torn underwear, backed up the Klan’s allegations of non-consensual sexual
activity. The accused-appellant’s behavior, the court further remarked, not only showed physical abuse but also a lack of
respect and disrespect for his wife’s well-being.In light of these conclusions, the Supreme Court upheld the lower court’s
judgment, finding the accused-appellant guilty of two counts of rape and imposing a life sentence on each count. The
Court underlined that having sex without consent is illegal and that husbands have no property rights over their wives’
bodies. The Court further emphasized that husbands have a responsibility to give their wives a secure and supportive
home as well as to love, cherish, and protect them.
Punishment/penalties: persons convicted of offenses punished with reclusion perpetua, or whose sentences will be
reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4180, otherwise
known as the Indeterminate Sentence Law,... Husbands are once again reminded that marriage is not a license to
forcibly rape their wives. A husband does not own his wife’s body by reason of marriage.

Kind of rape: sexual assault rape.

Elements of rape: By a man who shall have carnal knowledge of a woman under any of the following circumstances:... a)
Through force, threat, or intimidation;... b) When the offended party is deprived of reason or otherwise unconscious;...
c) By means of fraudulent machination or grave abuse of authority; and... d) When the offended party is under twelve
(12) years of age or is demented, even though none of the circumstances mentioned above be present.

Carnal knowledge: “Carnal knowledge” typically refers to sexual intercourse, often in a legal context. It’s a term used to
describe sexual relations between individuals, especially when discussing legal matters such as statutory rape or other
sexual offenses. Carnal knowledge is sexual intercourse between two people, typically requiring at least some slight
penetration.

Case no. 9

G.R. No. 210654(ARMODIA)

The Accused was charge of two (2) counts of rape (simple rape) of a child under Article 266-A (1) of the Revised Penal
Code by a father, who twice fulfilled his desires on his own daughter.

CHARACTERS:

Armodia- the father (accused- appellant)

AAA- the eldest daughter (16 yrs. old at the time of the incident)

(2) Separate information, the pertinent portions of which read as follows:

Criminal Case No. DN0-2983

That on or about April 4, 2003 at 3:00 o'clock (sic) at dawn more or less, in Cambanay, Danao City, Philippines and within
the jurisdiction of this Honorable Court, the above-named accused, did then and there, with threats, intimidation and
influence of moral ascendency, forcibly, willfully, unlawfully and feloniously have sexual intercourse with [AAA], a virgin
over 12 years old but under 18 years of age.

Criminal Case No. DN0-2998

That sometime in the last week of March, 2003, in Cambanay, Danao City, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, did then and there, with threats, intimidation and influence of moral
ascendency, forcibly, wilfully, unlawfully and feloniously have sexual intercourse with [AAA], a virgin over 12 years old
but under 18 years of age.

Article 266-A (l)(a) of the Revised Penal Code states:

Article 266-A. Rape; When And How Committed. - Rape is committed - 1) By a man who shall have carnal knowledge
of a woman under any of the following circumstances:

a. Through force, threat, or intimidation

Accused-appellant had carnal knowledge of AAA twice, which is state in the preceding paragraph through force, threat
and intimidation. His moral ascendancy also intimidated her into submission. This ascendancy or influence is grounded
on his parental authority over his child, which is recognized by our Constitution and laws, as well as on the respect and
reverence that Filipino children generally accord to their parents. Testimony of a victim is present and considered as
credible, consistent and convincing in nature. AAA was 16 years old at the time of the incident (daughter of the
accused-appellant)

•The State had three witnesses:

1. Dr. Naomi Poca, explained AAA's medical report indicating her hymen could allow penetration and is suggestive
of abuse.
2. BBB mother, testified about AAA disclosing the accused's actions, leading to reporting the incidents.
3. AAA the victim itself

The accused denied, attributing them to his strict parenting and claiming physical incapacity due to a previous
gunshot wound, which he said caused complications during sex. However, his wife BBB testified that they had sexual
congress many times.

•the victim also can’t make or concoct story if it resulted to fail to keep sight of his own father to prison, dishonor of
herself and her family.

•The accused committed two instances of simple rape, not qualified rape. Qualified rape involves two conditions: the
victim's age and her relationship to the perpetrator, which must both be stated in the legal charges. Even if the
relationship is proven during the trial, it doesn't count if it wasn't mentioned in the initial legal document.

•The accused, Pablo Luad Armodia, has been found guilty of rape and penalty of reclusion perpetua without the
possibility of parole. He must also pay the victim, AAA, ₱100,000 each for civil indemnity, moral damages, and exemplary
damages, totaling ₱300,000 for each case. These damages will accrue interest at a rate of six percent per year until fully
paid.

Above all, the case of Armodia will be associated to the crime of Rape thru Sexual Intercourse as stated in the Article
266-A Rape of RPC: WHEN AND HOW IT IS COMMITTED:

There are 2 modes: Rape thru sexual Intercourse and Rape by Sexual Assault. Based on its elements, the offender is
any person with a carnal knowledge of the victim (Armodia had carnal knowledge to AAA) and such act is
accomplished under the ff. circumstances: Through force, threat or intimidation (there is a resistance or not). Victim is
under 16 yrs. Old .The elements stated above coexist together the accused cased. The crime consummated with any
penetration of female organ by the male organ which victim testifies with presentation of Medical Certificate.