In People of the Philippines v. Guillermo Lomaque, the Supreme Court affirmed with modifications the lower courts’ conviction of Guillermo Lomaque for multiple counts of rape and acts of lasciviousness against his stepdaughter. Despite the affirmation, the Supreme Court modified the charges from qualified rape to simple rape due to the prosecution’s failure to provide sufficient evidence proving the legal relationship of stepfather and stepdaughter between the accused and the victim. This decision underscores the judiciary’s commitment to protecting children from sexual abuse, while also highlighting the necessity of rigorous evidentiary standards in criminal proceedings to establish all elements of a crime beyond reasonable doubt.

When Silence Speaks Volumes: How Courts Weigh Delayed Reporting in Child Abuse Cases

The case originated from a series of Informations filed against Guillermo Lomaque, accusing him of 13 counts of rape and one count of acts of lasciviousness against his stepdaughter, identified as “AAA,” spanning from 1993 to 1999. The charges detailed horrifying acts of sexual abuse, beginning when “AAA” was only eight years old. These acts included digital penetration, rape, and other forms of sexual molestation. Lomaque pleaded not guilty to all charges, setting the stage for a trial where the victim’s testimony became the centerpiece.

The Regional Trial Court (RTC) found “AAA” to be a credible witness, leading to Lomaque’s conviction on multiple counts. Lomaque appealed, arguing that the trial court erred in giving credence to “AAA’s” testimony and that the prosecution failed to prove his guilt beyond a reasonable doubt. The Court of Appeals (CA) affirmed the RTC’s decision, leading Lomaque to further appeal to the Supreme Court, insisting on his innocence and questioning the credibility of the victim’s testimony.

At the heart of Lomaque’s defense was the argument that “AAA’s” silence and delay in reporting the abuse undermined her credibility. He contended that her failure to immediately confide in relatives about her ordeal ran counter to the natural reaction of a victim of such heinous crimes. The Supreme Court, however, rejected this argument, emphasizing that the delay in reporting does not automatically diminish the complainant’s credibility. The Court recognized the victim’s fear, instilled by Lomaque’s threats of violence against her and her mother, as a valid reason for her delayed disclosure.

The Supreme Court cited People v. Domingo, stating:

“the effect of fear and intimidation instilled in the victim’s mind cannot be measured against any given hard-and-fast rule such that it is viewed in the context of the victim’s perception and judgment not only at the time of the commission of the crime but also at the time immediately thereafter.”

Moreover, the Court underscored that the failure of a victim to struggle or offer resistance does not imply consent, especially when intimidation is involved. The psychological impact of the abuse, particularly on a young victim like “AAA,” can result in a paralyzing fear that prevents any outward display of resistance. The court acknowledged that rape is a deeply subjective experience, and victims respond differently to such trauma.

Another critical point of contention was the issue of the qualified nature of the rape charges. Under Article 266-B of the Revised Penal Code (RPC), rape is qualified when the victim is below 18 years of age and the offender is a parent, step-parent, or relative within the third civil degree. While the Informations alleged that “AAA” was Lomaque’s stepdaughter, the prosecution failed to provide sufficient evidence to prove their legal relationship. The Supreme Court emphasized that the allegation of a familial relationship requires competent proof, such as a marriage contract, which was not presented in this case. The Court cited People v. Hermocilla:

“[a] stepdaughter is a daughter of one’s spouse by previous marriage, while a stepfather is the husband of one’s mother by virtue of a marriage subsequent to that of which the person spoken is the offspring.”

The absence of a marriage contract or other corroborating evidence led the Court to conclude that “AAA” could not be legally considered Lomaque’s stepdaughter. As a result, the Supreme Court modified the convictions for rape from qualified to simple rape, which still carries the penalty of reclusion perpetua. The Court underscored that in criminal cases, an appeal opens the entire case for review, allowing the appellate court to examine the sufficiency of evidence and the presence of qualifying circumstances.

Regarding the act of lasciviousness, the Court found that all the elements were present. Lomaque committed lascivious conduct by smelling “AAA’s” genital area and inserting his finger inside her vagina, with the intent to gratify his sexual desire. At the time of the incident in 1993, “AAA” was only eight years old. The Court thus sustained the conviction for acts of lasciviousness under Article 336 of the RPC, in relation to Section 5(b), Article III of RA 7610.

The Supreme Court also addressed the variance in the mode of commission of the crime in Criminal Case No. Q-00-96392. While the Information stated that Lomaque inserted his penis inside “AAA’s” vagina, the victim testified that he put his penis in her mouth. Despite this discrepancy, the Court held that Lomaque’s failure to object to the evidence showing a different mode of commission made the variance binding upon him.

In terms of penalties, the Supreme Court affirmed the sentence of reclusion perpetua for simple rape. However, it modified the civil indemnity, reducing it from P75,000.00 to P50,000.00 for each count, aligning it with prevailing jurisprudence. The Court upheld the award of moral damages in the amount of P50,000.00 for each count of rape and added exemplary damages in the amount of P30,000.00 due to the proven circumstance of minority. In the case of rape by sexual assault, the Court imposed an indeterminate penalty of six (6) years of prision correccional, as minimum, to twelve (12) years of prision mayor, as maximum, along with civil indemnity, moral damages, and exemplary damages amounting to P30,000.00 each.

This case highlights the judiciary’s balancing act between protecting vulnerable victims and upholding the principles of due process and evidentiary standards. While the Court recognized the trauma inflicted upon the victim and the credibility of her testimony, it also underscored the importance of proving all elements of a crime, including qualifying circumstances, beyond a reasonable doubt. The ruling serves as a reminder of the need for thorough investigation and presentation of evidence in cases involving familial relationships, to ensure that justice is served without compromising legal principles.

FAQs

What was the key issue in this case?	The key issue was whether the prosecution had proven beyond a reasonable doubt the guilt of the accused for the crimes of rape and acts of lasciviousness, and whether the rape charges were properly qualified.
Why did the Supreme Court modify the charges from qualified rape to simple rape?	The Court modified the charges because the prosecution failed to provide sufficient evidence to prove the legal relationship of stepfather and stepdaughter between the accused and the victim, a necessary element for qualified rape.
What evidence was lacking to prove the familial relationship?	The prosecution did not present the marriage contract between the accused and the victim’s mother, which is considered the best evidence to prove the fact of marriage and thus establish the step-parent relationship.
How did the Court address the victim’s delay in reporting the abuse?	The Court held that the delay in reporting did not diminish the victim’s credibility, citing the fear instilled by the accused’s threats of violence as a valid reason for the delayed disclosure.
What is the significance of the victim’s minority in this case?	The victim’s minority was considered an aggravating circumstance, influencing the penalties imposed, particularly in the acts of lasciviousness charge, and justifying the award of exemplary damages.
What was the penalty for simple rape in this case?	The penalty for simple rape under Article 266-B of the Revised Penal Code is reclusion perpetua, which was the penalty imposed on the accused for the rape convictions.
What were the awards for civil indemnity and moral damages in the rape cases?	The Court ordered the accused to pay P50,000.00 as civil indemnity and P50,000.00 as moral damages for each count of simple rape.
What was the penalty for the act of lasciviousness in relation to RA 7610?	The accused was sentenced to an indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal as minimum to seventeen (17) years and four (4) months of reclusion temporal as maximum, along with civil indemnity and moral damages.

The Supreme Court’s decision in People v. Lomaque reaffirms the legal system’s commitment to protecting children from abuse while upholding the importance of adhering to evidentiary standards. This case serves as a crucial precedent for future cases involving child abuse, emphasizing the necessity of thorough investigation and presentation of evidence to ensure that justice is served.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People of the Philippines, vs. Guillermo Lomaque, G.R. No. 189297, June 03, 2013