In a ruling highlighting the complexities of criminal procedure and child protection, the Supreme Court of the Philippines clarified that when an accused fails to object to a duplicitous Information—one charging multiple offenses—before trial, they waive the right to challenge it and may be convicted of all offenses charged and proven. Furthermore, the Court emphasized that rape by sexual assault against a minor may be prosecuted as lascivious conduct under Republic Act No. 7610, also known as the “Special Protection of Children Against Abuse, Exploitation and Discrimination Act.” This decision underscores the importance of timely legal objections and the state’s commitment to safeguarding children from abuse.

Father’s Betrayal: Can Silence Waive Justice in Child Abuse Cases?

The case of People v. XXX revolves around accusations against a father for multiple acts of sexual abuse against his daughter, AAA. The charges stemmed from incidents in 2009, 2011, and 2012. The Regional Trial Court (RTC) found the accused guilty of qualified rape by carnal knowledge and qualified rape by sexual assault, but acquitted him on one count due to insufficient evidence. The Court of Appeals (CA) affirmed the conviction, leading to an appeal to the Supreme Court (SC). The core legal question before the SC was whether the accused was properly convicted, considering the alleged defects in the Information and the nature of the crimes charged.

In its analysis, the Supreme Court began by addressing the charge of qualified rape by carnal knowledge. Article 266-A of the Revised Penal Code (RPC), as amended, defines rape as carnal knowledge of a woman under circumstances such as force, threat, or when the victim is under twelve years of age. The Court emphasized that the prosecution successfully proved beyond reasonable doubt that the accused committed rape through sexual intercourse against his daughter, AAA. Her testimony detailed the abuse, specifically the insertion of his penis into her vagina, despite her resistance. Importantly, the Court noted that AAA’s minority and her familial relationship with the accused were duly established through her birth certificate, solidifying the basis for the conviction of qualified rape.

Turning to the charge of rape by sexual assault, the Court addressed the complexities surrounding the conviction. Article 266-A, paragraph 2, covers acts of sexual assault, which include inserting a penis into another person’s mouth or anal orifice. However, the Court cited the precedent set in People v. Tulagan, which clarified that when the victim is under eighteen years old, such acts should be prosecuted as lascivious conduct under Section 5(b), Article III of R.A. No. 7610. This section of the law aims to provide stronger protection against child abuse and exploitation. The Implementing Rules and Regulations of R.A. No. 7610 define “lascivious conduct” broadly, encompassing various forms of sexual abuse and exploitation. Furthermore, the Court emphasized that the terms “coercion or influence” are broad enough to cover any acts of force or intimidation, thereby encompassing the actions described in the case.

The Court determined that the accused’s act of forcibly inserting his penis into AAA’s mouth constituted lascivious conduct, given her age at the time and the coercive nature of the act. The prosecution’s evidence supported the elements of this offense, particularly the intent to arouse and gratify sexual desire. Consequently, the SC held that the accused should be held liable for Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610, rather than rape through sexual assault under paragraph 2, Article 266-A of the RPC.

Section 5. Child Prostitution and Other Sexual Abuse. — Children, whether male or female, who for money, profit, or any other consideration or due to the coercion or influence of any adult, syndicate or group, indulge in sexual intercourse or lascivious conduct, are deemed to be children exploited in prostitution and other sexual abuse. The penalty of reclusion temporal in its medium period to reclusion perpetua shall be imposed upon the following: (b) Those who commit the act of sexual intercourse or lascivious conduct with a child exploited in prostitution or subject to other sexual abuse…

Building on this, the Supreme Court addressed the issue of the duplicitous Information. Section 13, Rule 110 of the Rules of Criminal Procedure mandates that an Information should charge only one offense, unless the law prescribes a single punishment for multiple offenses. In this case, the Information in Criminal Case No. 158508 charged two distinct offenses: forcing AAA to perform fellatio and having carnal knowledge of her. However, the accused failed to raise an objection against this duplicitous Information before entering his plea. Section 3(f), Rule 117 of the Rules of Criminal Procedure allows an accused to move for the quashal of an Information that charges more than one offense. The failure to object at this stage constitutes a waiver of the right to challenge the Information on these grounds.

When two or more offenses are charged in a single complaint or information but the accused fails to object to it before trial, the court may convict him of as many offenses as are charged and proved, and impose on him the penalty for each offense, setting out separately the findings of fact and law in each offense. (RULES OF CRIMINAL PROCEDURE, Rule 120).

As the accused failed to timely interpose an objection, the Supreme Court invoked Section 3, Rule 120 of the Rules of Criminal Procedure. This rule provides that when an accused fails to object to a duplicitous Information before trial, the court may convict him of as many offenses as are charged and proved. Given that the Information charged the accused with forcing AAA to perform fellatio, and the prosecution proved this act beyond a reasonable doubt, the SC ruled that the accused could be convicted of lascivious conduct. The Court clarified that the RTC erred in applying the variance doctrine because rape by sexual assault is not included in the crime of rape by carnal knowledge. However, because the Information properly charged acts constituting rape by sexual assault, which were also proven during trial, the conviction for lascivious conduct was upheld based on Section 3, Rule 120 of the Rules of Court.

The Court also addressed the defense’s arguments concerning the medical certificate and the victim’s delay in reporting the incidents. In People v. Zafra and People v. Austria, the SC established that the absence of external signs or physical injuries does not necessarily negate the commission of rape. The primary consideration is the victim’s testimony, not the medico-legal findings. A medical examination is not indispensable in a prosecution for rape; the victim’s credible testimony alone suffices for conviction.

Furthermore, the Court reiterated that a victim’s failure to immediately report the incident does not necessarily undermine their credibility. The reactions of a victim under emotional stress are unpredictable, and not every victim can be expected to act rationally or conformably with societal expectations. In this case, AAA explained that she was silenced by fear of her father. The Court deferred to the trial court and the CA’s assessment of AAA’s credibility, noting that they had the opportunity to directly observe her demeanor and manner of testifying.

In stark contrast to the prosecution’s strong evidence, the accused’s denial was insufficient to overcome the positive identification by the victim. The Court emphasized that it is unlikely for a daughter to falsely accuse her own father of such heinous crimes. The charges were viewed as a genuine pursuit of justice. In Criminal Case No. 158506, the RTC correctly imposed the penalty of reclusion perpetua without eligibility for parole. Likewise, the RTC rightfully ordered the payment of civil indemnity, moral damages, and exemplary damages of P100,000.00 each.

Regarding the conviction for Lascivious Conduct under Section 5(b), Article III of R.A. No. 7610, the Court determined that the appropriate penalty is reclusion perpetua, given that the crime was aggravated by the familial relationship, with no mitigating circumstances. In Criminal Case No. 158508, the accused was ordered to pay the victim civil indemnity, moral damages, and exemplary damages, each in the amount of P75,000.00. In addition, the accused was ordered to pay a fine of P15,000.00, as mandated under Section 31(f), Article XII of R.A. No. 7610. The Court affirmed that all amounts adjudged against the accused shall be subject to a legal interest of six percent (6%) per annum from the date of finality of the judgment until full payment.

FAQs

What is a duplicitous Information?	A duplicitous Information is a complaint or charge that accuses a defendant of more than one offense in a single count when the law does not prescribe a single punishment for various offenses. It is generally prohibited to ensure the accused is clearly informed of the charges against them.
What happens if an accused does not object to a duplicitous Information before trial?	If the accused fails to object to the duplicitous Information before trial, they are deemed to have waived their right to object. The court may then convict the accused of as many offenses as are charged and proven during the trial.
What is Lascivious Conduct under R.A. No. 7610?	Lascivious conduct, as defined by R.A. No. 7610, involves intentional acts of sexual abuse or exploitation against children. It includes actions such as touching genitalia, anus, groin, breast, or mouth with the intent to abuse, humiliate, harass, or gratify sexual desires.
What penalty is imposed for Lascivious Conduct under R.A. No. 7610?	The penalty for committing lascivious conduct against a child under Section 5(b), Article III of R.A. No. 7610 is reclusion temporal in its medium period to reclusion perpetua. The penalty is imposed in its maximum period when the perpetrator is the parent of the victim.
Is a medical examination indispensable in rape cases?	No, a medical examination of the victim is not indispensable in a prosecution for rape. The victim’s credible testimony alone, if convincing and consistent, is sufficient to secure a conviction.
Does a delay in reporting sexual abuse affect the victim’s credibility?	A delay in reporting sexual abuse does not automatically discredit the victim. Courts recognize that victims may delay reporting due to fear, trauma, or other psychological factors. The totality of the circumstances is considered when assessing credibility.
What is the significance of the People v. Tulagan case?	The People v. Tulagan case clarified that rape by sexual assault against a minor should be prosecuted as lascivious conduct under R.A. No. 7610. This ruling emphasizes the need to protect children from sexual abuse and exploitation under specific legal frameworks.
What damages can be awarded to a victim of sexual abuse in the Philippines?	Victims of sexual abuse can be awarded civil indemnity, moral damages, and exemplary damages to compensate for the harm suffered. Additionally, in cases under R.A. No. 7610, a fine may also be imposed on the perpetrator.

In conclusion, the Supreme Court’s decision in People v. XXX reinforces the importance of procedural compliance in criminal cases and the state’s unwavering commitment to protecting children from sexual abuse. The ruling provides clarity on the application of R.A. No. 7610 and its interplay with the Revised Penal Code, ensuring that perpetrators of child abuse are held accountable under the appropriate legal framework.

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. XXX, G.R. No. 254254, February 16, 2022