topic: Art. 4
RATIONALE:
The retroactive application of the Revised Rules of Criminal Procedure CANNOT adversely affect the rights of the private offended party that have become vested before the effectivity of these rules.
VESTED rights cannot be adversely affected by retroactive laws.
FACTS:
1. Calongui was convicted of 2 counts of rape with a sentence of reclusion perpetua and indemnity of P50,000.00 as civil liability, P50,000.00 for moral damages and P30,000.00 exemplary damage for each count.
2. On 01 January 1998 at 2am, Calongui raped Marinel, his first cousin. This was witnessed by her 12y/o brother Noel but he pretended to be asleep lest he be harmed. They agreed not to disclose this to their parents lest the accused make good of his threat to kill them.
3. On 26 September 1998 at 3am, Colongui raped Marinel which was witnessed by Noel again.
4. When appellant stayed at B-meg barracks where he worked as a laborer, Marinel told her mother about the incident which lead to the filing of the instant criminal case.
5. Marinel's mother testified about Marinel's confession and accompanied her daughterto the authorities. She was examined and was found to have hymen lacerations and to be in a non-virgin state consistent with the rape claims.
6. Calongui denied that 01 January 1998 rape but averred that what happened on 26 September 1998 was consensual since they were sweethearts.
7. He was found guilty under Art. 266, paragraph 1 (a).
8. Calongui appealed but the decision was affirmed subject to the modification of imprisonment sentence.
9. Calongui still appealed raising that the prosecution didn't raise his guilt beyond reasonable doubt.
ISSUE:
1. W/N Calongui is guilty beyond reasonable doubt.
2. W/N exemplary damages can be granted by virtue of the Revised Rules of Criminal Procedure which took effect after the occurrence of rape.
RULING:
1. YES. He is guilty beyond reasonable doubt of Art. 266-A and 266-B as amended by R.A. 8353 or Anti-Rape Law of 1997. Marinel's testimony is credible and sweethearts defense, even if true, which seems to be more of not, cannot be employed. Thus, the prosecution was able to prove his guilt beyond reasonable doubt.
2. YES. Exemplary damages can be granted despite the later effectivity of the Revised Rules of Criminal Procedure provided that aggravating circumstances are proved to be present.
Eventhough the Revised Rules of Criminal Procedure only took effect on 21 December 2000 which provides that aggravating circumstances must be alleged in the information in order to be validly appreciated by the court, it can be applied retroactively for the sole purpose of determining the grant of exemplary damages. It shall not in any way adversely affect the vested rights of the rape victim. Thus, aggravating circumstances which are not alleged in the informations but proved during trial may be appreciated just for the exemplary damages grant determination.
However, in the present case, there seemed to be no aggravating circumstances present.
Thus, the grant of exemplary damages should be deleted.
ISSUE: aggravating circumstances to determine the exemplary damages
- no aggravating circumstance was alleged in the information
- no aggravating circumstance was proven.
- no exemplary damages awarded, not alleged, not proven
- not nighttime, relationship as first cousins is not included in Art. 15 in the RPC,
no proof of abuse of confidence, deadly weapon's existence was not proved
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REFERENCE:
Republic Act 8353: The Anti-Rape Law of 1997
“AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE, RECLASSIFYING THE SAME AS A CRIME AGAINST PERSONS, AMENDING FOR THE PURPOSE ACT NO. 3815, AS AMENDED, OTHERWISE KNOWN AS THE REVISED PENAL CODE, AND FOR THE PURPOSES”
“Article 266-A. Rape: When And How Committed. – Rape is committed:”
1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
Article 266-B. Penalty. – Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall become reclusion perpetua to death.
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be death.
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:
l) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim;
2) When the victim is under the custody of the police or military authorities or any law enforcement or penal institution;
3) When the rape is committed in full view of the spouse, parent, any of the children or other relatives within the third civil degree of consanguinity;
4) When the victim is a religious engaged in legitimate religious vocation or calling and is personally known to be such by the offender before or at the time of the commission of the crime;
5) When the victim is a child below seven (7) years old;
6) When the offender knows that he is afflicted with the Human Immuno-Deficiency Virus (HIV)/Acquired Immune Deficiency Syndrome (AIDS) or any other sexually transmissible disease and the virus or disease is transmitted to the victim;
7) When committed by any member of the Armed Forces of the Philippines or para-military units thereof or the Philippine National Police or any law enforcement agency or penal institution, when the offender took advantage of his position to facilitate the commission of the crime;
8) When by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation or disability;
9) When the offender knew of the pregnancy of the offended party at the time of the commission of the crime; and
10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be prision mayor to reclusion temporal.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be reclusion temporal.
When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion temporal to reclusion perpetua.
When by reason or on the occasion ofthe rape, homicide is committed, the penalty shall be reclusion perpetua.
Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/ qualifying circumstances mentioned in this article.
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