In People of the Philippines vs. Julito Gerandoy, the Supreme Court affirmed the conviction of a father for the qualified rape and acts of lasciviousness against his minor daughter. This ruling underscores the Philippine justice system’s commitment to protecting children from sexual abuse, even within the family. The Court emphasized that the victim’s testimony, along with circumstantial evidence, sufficiently proved the accused’s guilt beyond reasonable doubt. This decision reinforces the principle that familial relations do not shield perpetrators from accountability, and victims’ rights to justice and protection are paramount.

When Trust Shatters: Can a Father Be Held Accountable for Violating His Own Daughter?

Julito Gerandoy was charged with two counts of rape against his 13-year-old daughter, AAA. The incidents allegedly occurred on December 7 and December 16, 2001, in their home. AAA testified that her father forcibly undressed her and committed the acts against her will, threatening her and other family members if she resisted. The Regional Trial Court found Gerandoy guilty on both counts. However, the Court of Appeals modified the ruling, convicting him of two counts of Acts of Lasciviousness in relation to Section 5(b) of Republic Act No. 7610, or the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.” Gerandoy appealed, claiming his innocence and discrediting his daughter’s testimony, and citing an affidavit of desistance where AAA recanted her accusations.

The Supreme Court, after a careful review of the evidence, upheld the conviction for both the acts of lasciviousness and the qualified rape. Article 266-A of the Revised Penal Code, as amended by Republic Act No. 8353, defines rape as carnal knowledge of a woman under circumstances including force, threat, or intimidation. The Court found AAA’s testimony credible and sufficient to establish that Gerandoy used force and intimidation to commit rape on December 7, 2001. The pertinent portion of her testimony details how Gerandoy entered her room, forced her to lie down, tore her dress, threatened to kill her, and ultimately rendered her unconscious before the act occurred. This account, combined with the circumstances, led the Court to conclude that rape had indeed occurred, overturning the Court of Appeals’ more lenient assessment for the first charge. Direct evidence isn’t the only path to proving guilt beyond a reasonable doubt.

The Court emphasized the importance of circumstantial evidence in proving the rape, particularly when direct testimonial evidence might be incomplete. The Court cited the case of People v. Lupac, where the accused was convicted of rape based on circumstantial evidence, even without direct testimony from the victim attesting to carnal knowledge. Similarly, in Gerandoy’s case, the circumstances, including the forced entry into the room, threats, use of a knife, loss of consciousness by the victim, and discovery of blood on her vagina, formed an unbroken chain that led to the conclusion of rape. The court was clear in its statement that,

Direct evidence is not the only means of proving rape beyond reasonable doubt. Even without direct evidence, the accused may be convicted on the basis of circumstantial evidence, provided the proven circumstances constitute an unbroken chain leading to one fair reasonable conclusion pointing to the accused, to the exclusion of all others, as the guilty person.

Regarding the events of December 16, 2001, the Court agreed with the Court of Appeals that Gerandoy’s actions constituted acts of lasciviousness. AAA testified that Gerandoy entered the room, touched her body, threatened to kill her family, and performed other lewd acts. The accused then mounted himself on top of AAA, touched and sucked her nipple and kissed her on her lips. The Court referenced the Implementing Rules and Regulations of Republic Act No. 7610, defining lascivious conduct as intentional touching with the intent to abuse, humiliate, harass, degrade, or arouse sexual desire. The Supreme Court referred to the definition of sexual abuse as it laid out the three elements to prove its commission which are the following:

1. The accused commits the act of sexual intercourse or lascivious conduct;
2. The said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and
3. The child, whether male or female, is below 18 years of age.

Gerandoy argued that the small room and the presence of other people made it unlikely that he could commit these acts unnoticed. The Court dismissed this argument, citing the principle that “Lust is no respecter of time and place.” The court has repeatedly held that neither the crampness of the room, nor the presence of other people therein, nor the high risk of being caught, has been held sufficient and effective obstacle to deter the commission of rape. The Court emphasized that isolation is not a requirement for rape, and it can occur even in a room full of sleeping family members.

The Supreme Court also addressed the affidavit of desistance executed by AAA, where she recanted her accusations. The Court noted that affidavits of desistance are generally viewed with disfavor and considered unreliable. The Court highlighted the incredibility of a victim suddenly retracting her accusations after enduring the trauma of reporting the crime and testifying in court. The Court also noted the delay on the part of the victim in reporting what happened to her. The Court pointed out that victims of rape react differently especially when the suspect is their own family member.

In this case, the delay was justified by AAA’s fear of her father’s threats and her mother’s lack of support. As the Supreme Court emphasized, the delay on the part of the victim in relating her ordeal from her own father was understandable. He is her parent and her confusion and fear are logical under the circumstances. It was established during trial that aside from the use of a knife to enfeeble her resistance, the accused likewise threatened to kill her and all the members of their family including himself if she would keep fighting off the horror. The Court also underscored that the filing of complaint for rape and sexual abuse against one’s own parent is a difficult act.

In conclusion, the Supreme Court affirmed the conviction of Julito Gerandoy. He was found guilty of both acts of lasciviousness and qualified rape against his daughter. The Court imposed the appropriate penalties and civil indemnities, including reclusion perpetua for the rape conviction and increased amounts for civil indemnity, moral damages, and exemplary damages. The Supreme Court also discussed the different penalties in both crimes and how they are imposed. For Criminal Case No. 6624, the penalty imposed was reclusion perpetua and imposed the payment of the following amounts of P20,000.00 as civil indemnity, P15,000.00 as moral damages, P15,000.00 as exemplary damages and P15,000.00 as fine with six percent (6%) interest from finality of judgment until fully paid. On the other hand, for Criminal Case No. 6625 the accused was sentenced to suffer the penalty of reclusion perpetua without the eligibility of parole and ordering the accused-appellant to pay AAA the following amounts of P100,000.00 as civil indemnity, P100,000.00 as moral damages, P100,000.00 as exemplary damages with six percent (6%) interest from finality of judgment until fully paid. This decision reinforces the Philippine legal system’s commitment to protecting children from sexual abuse and holding perpetrators accountable, regardless of their familial relationship to the victim.

FAQs

What was the key issue in this case?	The key issue was whether the evidence presented was sufficient to convict Julito Gerandoy of rape and acts of lasciviousness against his daughter, despite her initial affidavit of desistance and his claims of innocence.
What is an affidavit of desistance, and how did it affect the case?	An affidavit of desistance is a statement by the victim that they are no longer pursuing the case. In this case, the Supreme Court ruled that the affidavit did not outweigh the victim’s credible testimony and the circumstantial evidence supporting the charges.
What is the legal definition of rape in the Philippines?	Rape is defined under Article 266-A of the Revised Penal Code as carnal knowledge of a woman under circumstances including force, threat, or intimidation. It is considered qualified rape if the victim is under 18 years of age and the offender is a parent or ascendant.
What are acts of lasciviousness, according to Philippine law?	Acts of lasciviousness are defined as intentional touching with the intent to abuse, humiliate, harass, degrade, or arouse the sexual desire of any person. This includes touching the genitalia, anus, groin, breast, inner thigh, or buttocks.
What is the significance of circumstantial evidence in rape cases?	Circumstantial evidence can be crucial in proving rape, especially when direct evidence is lacking. The proven circumstances must form an unbroken chain leading to the conclusion that the accused committed the crime.
What penalties are imposed for rape and acts of lasciviousness under Philippine law?	The penalty for qualified rape is reclusion perpetua without eligibility for parole. Acts of lasciviousness in relation to Section 5(b) of Republic Act No. 7610 carry a penalty of reclusion perpetua, along with fines and damages.
How does the court address delays in reporting sexual abuse cases?	The court recognizes that victims of sexual abuse, especially minors, may delay reporting due to fear, confusion, or threats from the perpetrator. These delays do not necessarily undermine the victim’s credibility.
What principle guides the court in cases of sexual abuse within families?	The paramount principle is the protection of the child’s rights and well-being. The court prioritizes holding perpetrators accountable, regardless of their familial relationship to the victim.

This case serves as a reminder of the importance of protecting children from abuse and ensuring that perpetrators are held accountable for their actions. The Supreme Court’s decision reinforces the idea that victims of sexual abuse, even when the perpetrator is a family member, deserve justice and protection under the law.

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, Plaintiff-Appellee, vs. Julito Gerandoy, Accused-Appellant., G.R. No. 202838, September 17, 2014