Statutory Rape

PEOPLE v. DE LOS SANTOS, JR. P-Appellee: R-Appellant: Ponente: People of the Philippines Melecio De Los Santos, Jr. Leonardo-De Castro, J. G.R. No. 186499 March 21, 2012

Facts:

Feb. 14, 1995 11 y/o AAA was alleged to have been raped by respondent-appellant De Los Santos, Jr. Respondent is the brother of victims mother (victims uncle on mothers side) but
he was adopted by another couple when they were young.

September 1995 AAA was allegedly raped again by respondent. Respondent supposedly threatened the victim and her family if she dare disclose the incidents to her parents. After 3 years, AAA confessed to her parents the incidents of rape, which eventually led to several medical examinations that indeed supported probable sexual abuse. (hymenal notches on victims organ) AAA testified that on the first incident, while respondent was staying in formers house, with her parents and sister BBB away, latter locked the doors and windows, and using a knife, threatened AAA and had carnal knowledge with her. On the second incident, respondent came back to their house and again had sexual intercourse with her. AAAs testimonies were corroborated by her father CCC (when CCC went to confront respondent in a jail cell and respondent asked for forgiveness) and younger sister BBB (when BBB testified that on the first instance, she saw her sister being dragged by respondent and was able hear her sisters calls for help note the factual inaccuracy with AAAs above testimony The SC dismissed such inaccuracy for it is irrelevant). RESPONDENTs contention: Defense of denial. He was not at the scene of the crime for he was tending to his ailing/dying adopted father (during the first instance) and he married his wife (during the second instance). He presented the death cert of his adoptive father and the Marriage cert. RTC and CA found respondent guilty of statutory rape only for the first instance. Second instance not adequately proven.

Issue: WON respondent is guilty of Statutory Rape as punished in RPC 335.

Held: Yes. Appeal dismissed. Conviction affirmed.

Ratio Decidendi: As the respondent was convicted of the crime of rape that was charged to have been committed on February 14, 1995, the applicable provision of law in this case is RPC 335

Prepared by: Rikki Daniele Louis A. Dela Paz

Statutory Rape
ART. 335. When and how rape is committed. Rape is committed by having carnal knowledge of a woman under any of the following circumstances: 1. By using force or intimidation; and 2. When the woman is deprived of reason or otherwise unconscious;

3. When the woman is under twelve years of age or is demented.

Rape under paragraph 3 of [the above] article is termed

statutory

rape

as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve (12) years old. Thus, force, intimidation, and physical evidence of injury are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern evil from good. With respect to minority as an element of statutory rape, the age of AAA was proven by the certificate of birth duly presented in trial by AAA. In the said certificate, the date of birth of AAA was November 4, 1984.

Prepared by: Rikki Daniele Louis A. Dela Paz