In a sexual assault case involving child victims, the Supreme Court of the Philippines affirmed the conviction of the accused, prioritizing the protection of children’s rights. The Court held that the marital disqualification rule, which generally prevents a spouse from testifying against the other, does not apply when the crime committed directly and vitally impairs the conjugal relation. The Court emphasized that the straightforward testimonies of the child victims, supported by medical evidence, were sufficient to establish the accused’s guilt beyond reasonable doubt, underscoring the paramount importance of safeguarding children from abuse and exploitation. This decision highlights the court’s commitment to upholding the rights and welfare of children in cases involving sexual offenses.

Shattered Trust: When Family Bonds are Torn by Acts of Abuse

The case of BBB247234 revolves around allegations of sexual assault against two minor relatives, KKK247234 and LLL247234. BBB247234 was accused of inserting his finger into the vagina of his 3-year-old niece, KKK247234, and of inserting his penis into the mouth and anus of his 5-year-old nephew, LLL247234. The central legal question was whether the Court of Appeals (CA) erred in affirming BBB247234’s conviction for two counts of rape by sexual assault, particularly considering the marital disqualification rule and the admissibility of certain testimonies and evidence.

At trial, the prosecution presented the testimonies of the two child victims, along with medical evidence and the testimony of the accused’s wife, NNN247234. The defense argued that the marital disqualification rule should have prevented NNN247234 from testifying against her husband. They claimed that the charges were fabricated due to marital discord, and that BBB247234’s right to confront and cross-examine witnesses was violated. The Regional Trial Court (RTC) found BBB247234 guilty of two counts of rape by sexual assault, while the CA affirmed the conviction but modified the penalties imposed. The defense then appealed to the Supreme Court.

The Supreme Court anchored its decision on several key legal principles. First, the Court addressed the marital disqualification rule, stating that it does not apply when the crime committed directly and vitally impairs the conjugal relation. In this case, the abominable acts committed by BBB247234 against his wife’s niece and nephew were deemed to have eroded the marital relationship, thereby eliminating the reason to apply the disqualification rule. Section 22, Rule 130 of the Revised Rules on Evidence, as a rule, prohibits the husband or the wife, during their marriage, to be a witness for or against the other, except in specific circumstances. However, the Court cited Ordoño v. Daquigan, emphasizing that:

“The better rule is that, when an offense directly attacks, or directly and vitally impairs, the conjugal relation, it comes within the exception to the statute that one shall not be a witness against the other except in a criminal prosecution for a crime committed (by) one against the other.”

Even assuming the marital disqualification rule applied, the Court noted that NNN247234’s testimony was merely corroborative and not essential to establishing BBB247234’s guilt. The testimonies of the child victims themselves, if credible, are sufficient to support a finding of fact. Section 22 of the Rule on Examination of a Child Witness states that corroboration is not required of a child’s testimony if it is credible by itself.

Regarding the right to confront and cross-examine witnesses, the Court found that BBB247234 had waived this right. Although BBB247234’s counsel was not present during the initial testimony of some witnesses, the trial court offered the opportunity for cross-examination at a later hearing. BBB247234’s counsel, however, refused to cross-examine the witnesses, despite being given the opportunity to do so. The right to confront and cross-examine witnesses is a fundamental right but can be waived. As the Court stated in Dy Teban Trading, Inc. v. Dy, this right ensures that courts can confidently ferret out the facts, but it can be waived for being personal.

The Court further clarified that there was no violation of BBB247234’s right to be informed of the accusations against him. The nature and character of the crime charged are determined by the facts alleged in the indictment, not by the designation of the offense. The Court cited People v. Dimaano, instructing that what is controlling is not the title of the complaint, but the description of the crime charged and the particular facts therein recited. Therefore, despite being charged under a special law, BBB247234 was properly convicted under the Revised Penal Code because the facts alleged in the information sufficiently informed him of the acts constituting the offense.

The Court also addressed the defense’s arguments concerning the psychological evaluation report conducted by Pedarse, who was not a licensed psychologist. The Court upheld the admissibility of Pedarse’s testimony, highlighting her experience and training in dealing with child victims of physical abuse. Her clinical interview and assessment of the children were deemed credible. Furthermore, the Court underscored that the victims’ testimonies were consistent and straightforward. Both LLL247234 and KKK247234 clearly narrated the details of the abuse they suffered at the hands of their uncle, thereby proving the elements of rape by sexual assault.

Building on these observations, the Supreme Court modified the nomenclature of the crime and its corresponding penalty in light of its ruling in People v. Tulagan. The Court held that if the acts constituting sexual assault are committed against a victim under 12 years of age, the offense should be classified as “Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5(b) of R.A. No. 7610.” However, the imposable penalty remains reclusion temporal in its medium period. This modification ensures consistency with the evolving legal framework for protecting children from sexual abuse. The Court also fixed the amounts of civil indemnity, moral damages, and exemplary damages to P50,000.00 for each.

The Supreme Court’s decision in this case reaffirms the importance of protecting children and upholding their rights in the face of abuse. By prioritizing the testimonies of the child victims and setting aside technical arguments, the Court underscores the need for a comprehensive and sensitive approach to addressing cases of child sexual assault. This case sets a precedent for future cases involving similar circumstances, reinforcing the message that the safety and well-being of children are of paramount importance.

FAQs

What was the key issue in this case?	The key issue was whether the appellate court erred in affirming the conviction for two counts of rape by sexual assault, especially concerning the marital disqualification rule.
Does marital disqualification always prevent a spouse from testifying against the other?	No, the marital disqualification rule does not apply when the crime directly attacks or vitally impairs the conjugal relation, such as in cases of abuse against family members.
What evidence is needed to convict someone of sexual assault against a child?	The credible testimony of the child victim, supported by medical evidence, is sufficient to establish guilt beyond reasonable doubt, even without corroborating testimony.
Can a defendant waive their right to cross-examine witnesses?	Yes, the right to confront and cross-examine witnesses is a fundamental right but can be waived if the defendant is given the opportunity but refuses to do so.
What is the correct nomenclature for sexual assault against a child under 12?	The correct nomenclature is “Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5(b) of R.A. No. 7610.”
What is the penalty for sexual assault against a child under 12?	The imposable penalty is reclusion temporal in its medium period, ranging from 14 years and 8 months to 16 years, 5 months, and 9 days.
What damages can be awarded to victims of sexual assault?	Victims can be awarded civil indemnity, moral damages, and exemplary damages, each amounting to P50,000.00 in this case.
What role do psychological evaluations play in these cases?	Psychological evaluations, especially from experienced professionals, can provide valuable insights into the child’s trauma and the consistency of their statements.

The Supreme Court’s decision in BBB247234 highlights the judiciary’s commitment to protecting the rights and welfare of children, particularly in cases involving sexual abuse. By carefully considering the evidence and applying relevant legal principles, the Court has sent a clear message that those who harm children will be held accountable.

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: BBB247234 v. People, G.R. No. 247234, August 22, 2022