Lawyerly

GR No. 200529

2012-09-19

REYES, J.

Statutory rape is committed by sexual intercourse with a woman below twelve years (12) of age regardless of her consent, or the lack of it, to the sexual act. Proof of force, intimidation or consent is unnecessary; they are not elements of statutory rape; the absence of free consent is conclusively presumed when the victim is below the age of twelve (12). At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent consent to the sexual act. Thus, to convict an accused of the crime of statutory rape, the prosecution carries the burden of proving: (1) the age of the complainant; (2) the identity of the accused; and (3) the sexual intercourse between the accused and the complainant.[14] As the records of Criminal Case No. 3840-C would show, the prosecution was able to prove the existence of all the elements of statutory rape.

GR No. 183569

2011-04-13

PEOPLE v. VICENTE PUBLICO Y AMODIA

SERENO, J.

Against all the evidence presented by the prosecution, accused-appellant presents nothing but denials and alibis as his defense. Denial and alibi are the most common defenses used in rape cases. We have always held that these are inherently weak and must be supported by clear and convincing evidence in order to be believed. [28] Thus,

GR No. 187077

2011-02-23

PEOPLE v. ALEX CONDES Y GUANZON

MENDOZA, J.

A perusal of his own testimony discloses that he arrived at their house at Barangay Bitin, Bay, Laguna at past 9:00 o'clock in the morning; that he had visitors who came to attend their town fiesta and they had a drinking spree; that after his visitors and AAA left at past 12:00 o'clock noon, he took a slumber; that he woke up at around 7:00 o'clock in the evening and asked AAA and her grandmother to prepare his things as he would return to Manila; and that he left for Manila at 3:30 o'clock in the morning of February 15, 1999.[40] From the foregoing, it is clear that he was at home in the evening of February 14, 1999. Alibi necessarily fails when there is positive evidence of the physical presence of the accused at the crime scene.[41] Taken in this light, the plausible and emphatic testimony of AAA must prevail.

GR No. 168103

2010-08-03

PEOPLE v. ALEJANDRO RELLOTA Y TADEO

PERALTA, J.

Attempted rape requires that the offender commence the commission of rape directly by overt acts, but does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.[43] The prosecution must, therefore, establish the following elements of an attempted felony: The offender commences the commission of the felony directly by overt acts;

GR No. 186461

2010-07-05

PEOPLE v. SEVERIANO OGAN

VELASCO JR., J.

As provided for in the Revised Penal Code, sexual intercourse with a girl below 12 years old is statutory rape. The two elements of statutory rape are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman was below 12 years of age. Sexual congress with a girl under 12 years old is always rape.[21] The crime of statutory rape carries the penalty of reclusion perpetua unless attended by the qualifying circumstances defined under Article 266-B.[22]

GR No. 183453

2010-03-09

PEOPLE v. DANILO PACULBA

PEREZ, J.

In a prosecution for rape, the victim's credibility becomes the single most important issue. For when a woman says she was raped, she says in effect all that is necessary to show that rape was committed; thus, if her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[26]

GR No. 178274

2010-03-05

PEOPLE v. AURELIO MATUNHAY

BRION, J.

For alibi to prosper it is not enough for the appellant to prove that he was somewhere else when the crime was committed; he must likewise demonstrate that it was physically impossible for him to have been at the scene of the crime at the time of its commission.[25] In the present case, the appellant admitted that his place of work was "very near" the victim's house, and that it would just take a few minutes to get there. Considering the proximity of the appellant's place of work from the crime scene, we cannot accord the appellant's alibi - standing alone - any weight or value.

GR No. 177747

2010-02-16

PEOPLE v. IGNACIO PORAS

BRION, J.

Notwithstanding the prosecution's failure to prove the appellant's guilt for rape, the Court holds that sufficient evidence exists to convict him of acts of lasciviousness under Article 336 of the Revised Penal Code. A charge of acts of lasciviousness is necessarily included in a complaint for rape.[55] The elements of acts of lasciviousness are: (1) that the offender commits any act of lasciviousness or lewdness; (2) that it is done under any of the following circumstances: (a) by using force or intimidation, (b) when the offended woman is deprived of reason or otherwise unconscious; or (c) when the offended party is under twelve (12) years of age; and (3) that the offended party is another person of either sex.[56]

GR No. 183619

2009-10-13

PEOPLE v. SALVINO SUMINGWA

NACHURA, J.

Rape is attempted when the offender commences the commission of rape directly by overt acts and does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.[57] The prosecution must, therefore, establish the following elements of an attempted felony:

GR No. 183619

2009-10-13

PEOPLE v. SALVINO SUMINGWA

NACHURA, J.

The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.[58]

GR No. 169870

2009-08-04

PEOPLE v. ELEGIO AN

PERALTA, J.

Finally, appellant anchored his defense on denial and alibi. This Court has ruled in various cases that denial is inherently a weak defense as it is negative and self-serving. Corollarily, alibi is the weakest of all defenses for it is easy to contrive and difficult to prove. For alibi to prosper, it is not enough for the accused to prove that he was somewhere else when the crime was committed. He must likewise prove that it was physically impossible for him to be present at the crime scene or its immediate vicinity at the time of its commission.[28] However, in this case, appellant was not able to prove that it was physically impossible for him to have been at the place of the crime at the time the latter took place. Appellant and his witnesses testified that Barangay Mansilay, the place where appellant claimed to have been at the time the crime took place is more or less nine (9) kilometers away from Barangay Bukal, the place where the incident occurred. According to them, the travel time from Barangay Bukal to Barangay Mansilay can be approximated to 1-2 hours by walking and 30 minutes by using a tricycle. Such a short distance is not demonstrative of the physical impossibility for the appellant to be at the place of commission of the crime as contemplated by this Court's past decisions. For alibi to prosper, it is not enough for the appellant to prove that he was somewhere else when the crime was committed; he must, likewise, demonstrate that it was physically impossible for him to have been at the scene of the crime at the time.[29]

GR No. 174065

2009-02-18

PEOPLE v. ROLLY CANARES Y ALMANARES

BRION, J.

To convict an accused of the crime of statutory rape, the prosecution must prove: first, the age of the complainant; second, the identity of the accused; and last but not the least, the carnal knowledge between the accused and the complainant.[58]

	GR No. 200529 2012-09-19	PEOPLE v. JUANITO GARCIA Y GUMAY REYES, J.
Statutory rape is committed by sexual intercourse with a woman below twelve years (12) of age regardless of her consent, or the lack of it, to the sexual act. Proof of force, intimidation or consent is unnecessary; they are not elements of statutory rape; the absence of free consent is conclusively presumed when the victim is below the age of twelve (12). At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent consent to the sexual act. Thus, to convict an accused of the crime of statutory rape, the prosecution carries the burden of proving: (1) the age of the complainant; (2) the identity of the accused; and (3) the sexual intercourse between the accused and the complainant.[14] As the records of Criminal Case No. 3840-C would show, the prosecution was able to prove the existence of all the elements of statutory rape.
	GR No. 183569 2011-04-13	PEOPLE v. VICENTE PUBLICO Y AMODIA SERENO, J.
Against all the evidence presented by the prosecution, accused-appellant presents nothing but denials and alibis as his defense. Denial and alibi are the most common defenses used in rape cases. We have always held that these are inherently weak and must be supported by clear and convincing evidence in order to be believed. [28] Thus,
	GR No. 187077 2011-02-23	PEOPLE v. ALEX CONDES Y GUANZON MENDOZA, J.
A perusal of his own testimony discloses that he arrived at their house at Barangay Bitin, Bay, Laguna at past 9:00 o'clock in the morning; that he had visitors who came to attend their town fiesta and they had a drinking spree; that after his visitors and AAA left at past 12:00 o'clock noon, he took a slumber; that he woke up at around 7:00 o'clock in the evening and asked AAA and her grandmother to prepare his things as he would return to Manila; and that he left for Manila at 3:30 o'clock in the morning of February 15, 1999.[40] From the foregoing, it is clear that he was at home in the evening of February 14, 1999. Alibi necessarily fails when there is positive evidence of the physical presence of the accused at the crime scene.[41] Taken in this light, the plausible and emphatic testimony of AAA must prevail.
	GR No. 168103 2010-08-03	PEOPLE v. ALEJANDRO RELLOTA Y TADEO PERALTA, J.
Attempted rape requires that the offender commence the commission of rape directly by overt acts, but does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.[43] The prosecution must, therefore, establish the following elements of an attempted felony: The offender commences the commission of the felony directly by overt acts;
	GR No. 186461 2010-07-05	PEOPLE v. SEVERIANO OGAN VELASCO JR., J.
As provided for in the Revised Penal Code, sexual intercourse with a girl below 12 years old is statutory rape. The two elements of statutory rape are: (1) that the accused had carnal knowledge of a woman; and (2) that the woman was below 12 years of age. Sexual congress with a girl under 12 years old is always rape.[21] The crime of statutory rape carries the penalty of reclusion perpetua unless attended by the qualifying circumstances defined under Article 266-B.[22]
	GR No. 183453 2010-03-09	PEOPLE v. DANILO PACULBA PEREZ, J.
In a prosecution for rape, the victim's credibility becomes the single most important issue. For when a woman says she was raped, she says in effect all that is necessary to show that rape was committed; thus, if her testimony meets the test of credibility, the accused may be convicted on the basis thereof.[26]
	GR No. 178274 2010-03-05	PEOPLE v. AURELIO MATUNHAY BRION, J.
For alibi to prosper it is not enough for the appellant to prove that he was somewhere else when the crime was committed; he must likewise demonstrate that it was physically impossible for him to have been at the scene of the crime at the time of its commission.[25] In the present case, the appellant admitted that his place of work was "very near" the victim's house, and that it would just take a few minutes to get there. Considering the proximity of the appellant's place of work from the crime scene, we cannot accord the appellant's alibi - standing alone - any weight or value.
	GR No. 177747 2010-02-16	PEOPLE v. IGNACIO PORAS BRION, J.
Notwithstanding the prosecution's failure to prove the appellant's guilt for rape, the Court holds that sufficient evidence exists to convict him of acts of lasciviousness under Article 336 of the Revised Penal Code. A charge of acts of lasciviousness is necessarily included in a complaint for rape.[55] The elements of acts of lasciviousness are: (1) that the offender commits any act of lasciviousness or lewdness; (2) that it is done under any of the following circumstances: (a) by using force or intimidation, (b) when the offended woman is deprived of reason or otherwise unconscious; or (c) when the offended party is under twelve (12) years of age; and (3) that the offended party is another person of either sex.[56]
	GR No. 183619 2009-10-13	PEOPLE v. SALVINO SUMINGWA NACHURA, J.
Rape is attempted when the offender commences the commission of rape directly by overt acts and does not perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance.[57] The prosecution must, therefore, establish the following elements of an attempted felony:
	GR No. 183619 2009-10-13	PEOPLE v. SALVINO SUMINGWA NACHURA, J.
The non-performance of all acts of execution was due to cause or accident other than his spontaneous desistance.[58]
	GR No. 169870 2009-08-04	PEOPLE v. ELEGIO AN PERALTA, J.
Finally, appellant anchored his defense on denial and alibi. This Court has ruled in various cases that denial is inherently a weak defense as it is negative and self-serving. Corollarily, alibi is the weakest of all defenses for it is easy to contrive and difficult to prove. For alibi to prosper, it is not enough for the accused to prove that he was somewhere else when the crime was committed. He must likewise prove that it was physically impossible for him to be present at the crime scene or its immediate vicinity at the time of its commission.[28] However, in this case, appellant was not able to prove that it was physically impossible for him to have been at the place of the crime at the time the latter took place. Appellant and his witnesses testified that Barangay Mansilay, the place where appellant claimed to have been at the time the crime took place is more or less nine (9) kilometers away from Barangay Bukal, the place where the incident occurred. According to them, the travel time from Barangay Bukal to Barangay Mansilay can be approximated to 1-2 hours by walking and 30 minutes by using a tricycle. Such a short distance is not demonstrative of the physical impossibility for the appellant to be at the place of commission of the crime as contemplated by this Court's past decisions. For alibi to prosper, it is not enough for the appellant to prove that he was somewhere else when the crime was committed; he must, likewise, demonstrate that it was physically impossible for him to have been at the scene of the crime at the time.[29]
	GR No. 174065 2009-02-18	PEOPLE v. ROLLY CANARES Y ALMANARES BRION, J.
To convict an accused of the crime of statutory rape, the prosecution must prove: first, the age of the complainant; second, the identity of the accused; and last but not the least, the carnal knowledge between the accused and the complainant.[58]

PEOPLE v. CATALINO MINGMING Y DISCALSO