TOPIC: RPC is suppletory

2. PEOPLE v. ABAY (2009)

DOCTRINE: Place main doctrine here
FACTS:

 Robert Abay was charged with rape in relation to Sec. 5(b), Art. III of RA 7610 in the RTC. He
pleaeded not guilty.
 AAA, the victim, was 13 years of age.
 Prosec presented AAA, her mother BBB and expert witness, Dr. Stella- Guerrero-Manalo.
o AAA testified that Abay was her mother’s live-in partner and had been sexually abusing
her since she was seven years old. Appelant would threaten her with a bladed instrument
and force fer to undress and engage in sexual intercourse.
o BBB corroborated AAA’s testimony. BBB said that she knew of the acts of Abay but she
kept silent because Abay would beat her up and accuse AAA pf lying. She caught Abay
molesting her daughter on Dec. 25, 1999 so she immediately proceeded to the police
station.
o Dr. Guerrero- Manalo, confirmed that AAA was abused based on the physical
examination.
 The defense argued that if Abay was actually abusing the victim, the family should’ve noticed it
since the house were divided only by inch thick plywood walls that did not even reach the ceiling.
 RTC found Abay guilty beyond reasonable doubt. They observed that Abay kept his silence
instead of defending his innocence which is contrary to human nature. He is found guilty of rape
under Article 335 of the RPC in relation to Sec 5, Artcle III of RA 7610
 CA affirmed but modified the penalty.
o CA found him guilty of simple rape and imposed the penalty of reclusion perpetua.
ISSUE: WON the decision of CA is correct.
HELD: We affirm the decision of the CA with modifications.
RATIO:

 Under Section 5(b), Article III of RA 7610[12] in relation to RA 8353,[13] if the victim of sexual
abuse[14] is below 12 years of age, the offender should not be prosecuted for sexual abuse but for
statutory rape under Article 266-A(1)(d) of the Revised Penal Code[15] and penalized
with reclusion perpetua.[16] On the other hand, if the victim is 12 years or older, the offender
should be charged with either sexual abuse[17] under Section 5(b) of RA 7610 or rape under
Article 266-A (except paragraph 1[d]) of the Revised Penal Code. However, the offender cannot
be accused of both crimes[18] for the same act because his right against double jeopardy will be
prejudiced
 Likewise, rape cannot be complexed with a violation of Section 5(b) of RA 7610. Under Section
48 of the Revised Penal Code (on complex crimes),[20] a felony under the Revised Penal Code
(such as rape) cannot be complexed with an offense penalized by a special law
 In this case, the victim was more than 12 years old when the crime was committed against her.
The Information against appellant stated that AAA was 13 years old at the time of the incident.
Therefore, appellant may be prosecuted either for violation of Section 5(b) of RA
7610 or rape under Article 266-A (except paragraph 1[d]) of the Revised Penal Code. While the
Information may have alleged the elements of both crimes, the prosecutions evidence only
established that appellant sexually violated the person of AAA through force and
intimidation[22] by threatening her with a bladed instrument and forcing her to submit to his
bestial designs. Thus, rape was established.