In People v. Macapagal, the Supreme Court clarified the distinctions between acts of lasciviousness and rape, particularly when committed by a parent against a child. The Court affirmed the conviction of Raul Macapagal for acts of lasciviousness and qualified rape against his daughter. This decision emphasizes the judiciary’s commitment to protecting children from sexual abuse and highlights the nuanced application of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) in relation to the Revised Penal Code.

Betrayal and Violation: When a Father’s Actions Blur the Lines Between Lasciviousness and Rape

This case revolves around Raul Macapagal, who was charged with multiple counts of rape and acts of lasciviousness against his daughter, BBB. The incidents occurred between 1998 and 2003, starting when BBB was just 11 years old. The Regional Trial Court (RTC) convicted Macapagal of two counts of rape through sexual intercourse and one count of rape through sexual assault. The Court of Appeals (CA) affirmed the RTC’s decision with modifications on the damages awarded. The Supreme Court took on the appeal to review the case’s merits and the proper application of the laws involved.

The prosecution presented BBB’s testimony, detailing the harrowing experiences she endured at the hands of her father. She recounted the specific instances of sexual abuse, including the insertion of his finger into her vagina and acts of sexual intercourse. A medico-legal examination revealed old, deep, but healed hymenal lacerations, corroborating BBB’s account of repeated sexual abuse. Macapagal denied the charges, claiming the allegations were fabricated by his wife’s relatives and that BBB was motivated by anger due to his disapproval of her relationship with a boyfriend.

The Supreme Court, in its analysis, differentiated between the charges of rape through sexual assault and acts of lasciviousness, particularly in light of Republic Act No. 7610. The Court emphasized that when lascivious conduct is committed against a child, the provisions of R.A. No. 7610 take precedence over the general provisions of the Revised Penal Code.

In clarifying this distinction, the Court cited Dimakuta v. People, stating:

In instances where the lascivious conduct is covered by the definition under R.A. No. 7610, where the penalty is reclusion temporal medium, and the act is likewise covered by sexual assault under Art. 266-A, paragraph 2 of the RPC, which is punishable by prision mayor, the offender should be liable for violation of Section 5 (b), Art. III of R.A. No. 7610, where the law provides for the higher penalty of reclusion temporal medium, if the offended party is a child victim.

The Court further referenced People v. Noel Go Caoili, to provide guidelines on designating the proper offense and imposable penalty when lascivious conduct is committed under Section 5(b) of R.A. No. 7610. The Supreme Court then emphasized that, as established in Quimvel v. People, the requisites of acts of lasciviousness under Art. 336 of the RPC must be met in addition to the requisites for sexual abuse under Section 5(b), Art. III of R.A. No. 7610.

The Court outlined these requisites as follows:

1. The offender commits any act of lasciviousness or lewdness;
2. That it be done under any of the following circumstances:
   • Through force, threat, or intimidation;
   • When the offended party is deprived of reason or otherwise unconscious;
   • By means of fraudulent machination or grave abuse of authority;
   • When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present;
3. That said act is performed with a child exploited in prostitution or subjected to other sexual abuse; and
4. That the offended party is a child, whether male or female, below 18 years of age.

In this case, the prosecution successfully established all the elements of acts of lasciviousness. BBB’s testimony clearly demonstrated that Macapagal used a knife and threats to coerce her into submission, then forcibly removed her clothing and inserted his finger into her vagina, causing her pain. BBB’s testimony of the events was deemed credible by the court. The Supreme Court emphasized that the RTC’s findings, when affirmed by the appellate court, are generally binding. Unless there is a clear showing of arbitrariness or a misapprehension of facts, the Court will uphold the lower courts’ decisions.

Regarding the two counts of qualified rape, the Court found that the prosecution had proven all the elements beyond a reasonable doubt. The elements include: (1) sexual congress; (2) with a woman; (3) done by force and without consent; (4) the victim is under 18 years of age at the time of the rape; (5) the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim. BBB’s testimony was consistent and categorical, which proved that her father threatened to kill her and undressed her before inserting his penis in her vagina. The court also emphasized that in cases of offended parties who are young and immature girls, their testimonies should be given more credence.

The Supreme Court then turned to the penalties for the crimes. For the acts of lasciviousness, the Court imposed an indeterminate penalty of Fourteen (14) years and Eight (8) months of reclusion temporal in its minimum period, as minimum, to Seventeen (17) years and Four (4) months of reclusion temporal in its medium period, as maximum. A fine of P15,000.00 was also imposed. The civil indemnity, moral damages, and exemplary damages were reduced to P20,000.00, P15,000.00, and P15,000.00, respectively. For the two counts of qualified rape, the Court affirmed the penalty of reclusion perpetua without eligibility for parole for each count. The civil indemnity, moral damages, and exemplary damages were increased to P100,000.00 for each count of qualified rape.

FAQs

What was the key issue in this case?	The key issue was determining the proper classification of the offenses committed by the father against his daughter, specifically differentiating between acts of lasciviousness and rape under Philippine law, considering the provisions of both the Revised Penal Code and Republic Act No. 7610.
What is Republic Act No. 7610?	Republic Act No. 7610, also known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act, provides stronger deterrence and special protection against child abuse, exploitation, and discrimination. It outlines specific offenses and penalties related to the abuse of children.
What are acts of lasciviousness?	Acts of lasciviousness involve any lewd or indecent act committed with the intent to gratify sexual desire. In this case, it referred to the father inserting his finger into his daughter’s vagina.
What is qualified rape?	Qualified rape is a form of rape committed under specific circumstances, such as when the victim is under 18 years of age and the offender is a parent or relative within the third civil degree. It carries a more severe penalty than simple rape.
What was the penalty for the acts of lasciviousness in this case?	The Supreme Court sentenced the father to an indeterminate penalty of Fourteen (14) years and Eight (8) months of reclusion temporal minimum, as minimum, to Seventeen (17) years and Four (4) months of reclusion temporal medium, as maximum. A fine of P15,000.00 was also imposed, along with civil indemnity and damages.
What was the penalty for the qualified rape in this case?	For each count of qualified rape, the father was sentenced to reclusion perpetua without eligibility for parole. He was also ordered to pay the victim civil indemnity, moral damages, and exemplary damages.
Why was the penalty of death not imposed in this case?	Although the crime of qualified rape carried the death penalty at the time of commission, Republic Act No. 9346, which prohibits the imposition of the death penalty in the Philippines, was enacted. Therefore, the penalty was reduced to reclusion perpetua.
How did the Court assess the credibility of the victim’s testimony?	The Court found the victim’s testimony to be credible due to its consistency, clarity, and detailed account of the events. The medico-legal examination also corroborated her account of the abuse.
What role did the relationship between the offender and the victim play in the decision?	The fact that the offender was the victim’s father was a crucial element in classifying the rape as qualified rape, which carries a more severe penalty. It also factored into the determination of the penalty for acts of lasciviousness.

The Supreme Court’s decision in People v. Macapagal serves as a reminder of the severe consequences for those who commit sexual abuse against children, especially when the perpetrator is a parent or someone in a position of trust. The ruling underscores the importance of R.A. No. 7610 in providing enhanced protection to child victims and ensuring that perpetrators are held accountable for their actions.

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 v. Raul Macapagal y Manalo, G.R. No. 218574, November 22, 2017