Professional Documents
Culture Documents
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* EN BANC.
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Court should also not distinguish and should apply the automatic
suspension of sentence to a child in conflict with the law who has
been found guilty of a heinous crime.
Same; Same; If said child in conflict with the law has reached
eighteen (18) years of age while under suspended sentence, the court
shall determine whether to discharge the child in accordance with
this Act, to order execution of sentence or to extend the suspended
sentence for a certain specified period or until the child reaches the
maximum age of twenty-one (21) years.·While Sec. 38 of R.A. No.
9344 provides that suspension of sentence can still be applied even
if the child in conflict with the law is already eighteen (18) years of
age or more at the time of the pronouncement of his/her guilt, Sec.
40 of the same law limits the said suspension of sentence until the
said child reaches the maximum age of 21, thus: Sec. 40. Return of
the
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Child in Conflict with the Law to Court.·If the court finds that the
objective of the disposition measures imposed upon the child in
conflict with the law have not been fulfilled, or if the child in
conflict with the law has willfully failed to comply with the
condition of his/her disposition or rehabilitation program, the child
in conflict with the law shall be brought before the court for
execution of judgment. If said child in conflict with the law has
reached eighteen (18) years of age while under suspended sentence,
the court shall determine whether to discharge the child in
accordance with this Act, to order, execution of sentence, or to
extend the suspended sentence for a certain specified period or until
the child reaches the maximum age of twenty-one (21) years.
Same; Same; A child in conflict with the law may, after
conviction and upon order of the court, be made to serve his/her
sentence, in lieu of confinement in a regular penal institution, in an
agricultural camp and other training facilities that may be
established, maintained, supervised and controlled by the Bureau of
Corrections
(BUCOR), in coordination with the Department of Social Welfare
and Development.·To date, accused-appellant is about 31 years of
age, and the judgment of the RTC had been promulgated, even
before the effectivity of R.A. No. 9344. Thus, the application of Secs.
38 and 40 to the suspension of sentence is now moot and academic.
However, accused-appellant shall be entitled to appropriate
disposition under Sec. 51 of R.A. No. 9344, which provides for the
confinement of convicted children as follows: Sec. 51. Confinement
of Convicted Children in Agricultural Camps and Other Training
Facilities.·A child in conflict with the law may, after conviction and
upon order of the court, be made to serve his/her sentence, in lieu of
confinement in a regular penal institution, in an agricultural camp
and other training facilities that may be established, maintained,
supervised and controlled by the BUCOR, in coordination with the
DSWD. The civil liability resulting from the commission of the
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LEONARDO-DE CASTRO, J.:
On automatic review is the decision1 dated July 14, 2005
of the Court of Appeals (CA) in CA-G.R. CR-HC No. 00717
which affirmed, with modifications, an earlier decision2 of
the Regional Trial Court (RTC) of Ligao City, Branch 13, in
Criminal Case No. 4134, finding herein accused-appellant
Richard O. Sarcia alias „Nogi‰ guilty beyond reasonable
doubt of the crime of rape3 committed against AAA,4 and
sentenced him to suffer the penalty of Reclusion Perpetua
and to pay the amount of P50,000.00 as civil indemnity,
P50,000.00 as moral damages, and the cost of the suit.
However, the CA modified the penalties imposed by the
RTC by imposing the death penalty, increasing the award
of civil indemnity to P75,000.00, and awarding P25,000.00
as exemplary damages, aside from the P50,000.00 for moral
damages.
The crime of rape was allegedly committed sometime in
1996 against AAA, a five (5) year old girl. After almost four
(4) years, AAAÊs father filed a complaint5 for acts of
lasciviousness against herein accused-appellant on July 7,
2000. Upon review of the evidence, the Office of the
Provincial Prosecutor at Ligao, Albay upgraded the charge
to rape.6 The Information7 dated September 5, 2000 reads:
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8 Id., at p. 22.
9 Supra note 2.
10 CA Record, p. 31.
11 Id., at pp. 49-56.
12 Id., at pp. 73-105.
13 G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640, 657-658.
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14 Rollo, p. 1.
15 Id., at p. 34.
16 Id., at pp. 40-44.
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I
THE LOWER COURT GRAVELY ERRED IN GIVING CREDENCE
TO THE TESTIMONY OF [AAA], [her cousin] and [her father].
II
THE LOWER COURT GLARINGLY ERRED IN REJECTING THE
DEFENSE OF ALIBI INTERPOSED BY THE ACCUSED WHICH
IS MORE CREDIBLE.
III
THE LOWER COURT GRAVELY ERRED IN NOT ACQUITTING
THE ACCUSED RICHARD SARCIA.
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on July 20, 2000 when his sister visited him in jail. He naturally got
angry when he heard of this rape charge because he did not do such
thing and recalled telling his sister they can go to a doctor and have
the child examine to prove he did not rape
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her. Subsequently, from his sister again he was to learn that the
rape case was ordered dismissed.
On cross-examination, Richard admitted [AAAÊs] mother, is also
related to his father, [AAA motherÊs] father, being a second cousin of
his father. Richard is convinced it is not the lending of money by his
father to the AAAÊs family as the motive for the latter to file the
rape case against him but the instigation of Salvacion Bobier.
Manuel A. Casimiro, Clerk of Court II of the Municipal Trial
Court (MTC), Guinobatan, Albay, testified on the records of
Criminal Case No. 7078 filed in MTC Guinobatan, Albay against
Richard Sarcia for Rape in relation to RA 7610 relative to the
alleged withdrawal of said rape case but the accused through
counsel failed to formally offer the marked exhibits relative to said
case.‰18
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19 People v. Ferreras, et al., G.R. No. 139622, July 31, 2001, 362 SCRA
202, 210.
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„We have ruled, time and again that the date is not an essential
element of the crime of rape, for the gravamen of the offense is
carnal knowledge of a woman. As such, the time or place of
commission in rape cases need not be accurately stated. As early as
1908, we already held that where the time or place or any other fact
alleged is not an essential element of the crime charged, conviction
may be had on proof of the commission of the crime, even if it
appears that the crime was not committed at the precise time or
place alleged, or if the proof fails to sustain the existence of some
immaterial fact set out in the complaint, provided it appears that
the specific crime charged was in fact committed, prior to the date
of the filing of the complaint or information within the period of the
statute of limitations and at a place within the jurisdiction of the
court.‰
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„The rape took place in 1996. As earlier noted by the Court the
date December 15, 1996 mentioned by [AAA] may have been
arbitrarily chosen by the latter due to the intense cross-
examination she was subjected but the Court believes it could have
been in any month and date in the year 1996 as in fact neither the
information nor [AAAÊs] sworn statement mention the month and
date but only the year.‰24
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23 G.R. No. 137969-71, August 15, 2001, 363 SCRA 192, 201.
24 CA Record, p. 29.
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27 People v. Rote, G.R. No. 146188, December 11, 2003, 418 SCRA 275, 285.
28 People v. Dizon, G.R. No. 129236, October 17, 2001, 367 SCRA 417, 428.
29 People v. Sansaet, G.R. No. 139330, February 6, 2002, 376 SCRA 426, 432.
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what previously [AAA and her cousin] told her mother and which
the latter had continually ignored is after all true.‰
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30 People v. Segovia, G.R. No. 138974, September 19, 2002, 389 SCRA
420, 427.
31 People v. Las Piñas, Jr., G.R. No. 133444, February 20, 2002, 377
SCRA 377, 389.
32 Article 335 of the Revised Penal Code, as amended by Republic Act
No. 7659 which restored the death penalty for heinous crimes effective
December 31, 1993, states:
Art. 335. When and how rape is committed.·Rape is
committed by having carnal knowledge of a woman under any of
the following circumstances:
xxx xxx xxx
3. When the woman is under twelve years of age or is
demented.
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xxx xxx xxx
The death penalty shall also be imposed if the crime of rape is
committed with any of the following attendant circumstances:
xxx xxx xxx
4. When the victim is a religious or child below seven (7) years
old.
33 ART. 68.·Penalty to be imposed upon a person under eighteen
years of age.·When the offender is a minor under eighteen years and his
case is one coming under the provisions of the paragraph next to the last
of article 80 of this Code, the following rules shall be observed:
xxx xxx xxx
2. Upon a person over fifteen and under eighteen years of age the
penalty next lower than that prescribed by the law shall be imposed, but
always in the proper penalty.
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„Art. 107. Indemnification·What is included.·Indemnifica-
tion for consequential damages shall include not only those caused
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34 People v. Catpito, G.R. No. 123298, November 27, 2003, 416 SCRA 491,
496.
35 People v. Quitorio, G.R. No. 116765, January 28, 1998, 285 SCRA 196,
220.
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the injured party, but also those suffered by his family or by a third
person by reason of the crime.
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40 G.R. No. 169077, August 31, 2006, 500 SCRA 659, 676.
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41 G.R. No. 170236, August 31, 2006, 500 SCRA 704, 720.
45
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42 Gatmaitan v. Gonzales, G.R. No. 149226, June 26, 2006, 461 SCRA
591, 605; Octot v. Ybanez, G.R. No. L 48643, January 18, 1982, 111 SCRA
84.
43 People v. Veluz, G.R. No. 167755, November 28, 2008, 572 SCRA
500; People v. Sambrano, G.R. No. 143708, February 24, 2003, 398 SCRA
106, 117.
44 Ibid.
45 People v. Regalario, G.R. No. 174483, March 31, 2009, 582 SCRA
738.
46 ART. 192. Suspension of Sentence and Commitment of Youthful
Offender.·If after hearing the evidence in the proper proceedings, the
court should find that the youthful offender has com-
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mitted the acts charged against him, the court, shall determine the
imposable penalty, including any civil liability chargeable against him.
However, instead of pronouncing judgment of conviction, the court upon
application of the youthful offender and if it finds that the best interest of
the public as well as that of the offender will be served thereby, may
suspend all further proceedings and commit such minor to the custody or
care of the Department of Social Welfare and Development and/or to any
training institution operated by the government or any other responsible
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child in conflict with the law if, among others, he/she has
been convicted of an offense punishable by death, reclusion
perpetua or life imprisonment. In construing Sec. 38 of R.A.
No. 9344, the Court is guided by the basic principle of
statutory construction that when the law does not
distinguish, we should not distinguish.49 Since R.A. No.
9344 does not distinguish between a
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50 Senate Bill No. 1402 on Second Reading by the 13th Congress, 2nd
Regular Session, No. 35, held on November 9, 2005, amendments by Senator
Miriam Defensor-Santiago.
51
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51 Padua v. People, G.R. No. 168546, July 23, 2008, 559 SCRA 519,
534-535.
52 Sections 38 and 39 of R.A. No. 9344.
53 Supra Note 35.
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