People vs. Amar (2017)

PEOPLE OF THE PHILIPPINES vs. ALEX AMAR

G.R. No. 223513, July 5, 2017 

TIJAM, J.:

Facts: The accusatory portion of the Information charging appellant of the crime of Rape alleges that accused, being the biological father of AAA, 16 years old, with lewd design, by means of force employed upon the person of AAA, feloniously, lie and had carnal knowledge of said minor against her will and without her consent. Subsequently, AAA was brought to the hospital and was examined by Dr. Bonnie Chua. Her medical report revealed that her labia majora was coapted; her labia minora suffered abrasions; and that her hymen was lacerated.

For his part, accused-appellant denied the accusation against him and testified that on the date of the alleged incident, he was actually asleep as he went to bed early since he had to wake up early for his work the following day. He claimed that he reported for work in the morning only. He arrived home from work on the same day, in the afternoon. When his wife came home, he was surprised that she was with some police officers.

Issue: Whether or not appellant is liable for rape (under paragraph 1, subparagraph a) of Article 266-A of the RPC.

Ruling: Yes. The elements of rape under Article 266-A 1(a) of the RPC are as follows: (1) that the offender is a man; (2) that the offender had carnal knowledge of a woman; and (3) that such act is accomplished by using force, (threat) or intimidation.

In this case, it was established that accused-appellant had carnal knowledge of AAA against the latter's will through force and intimidation. The Supreme Court opines that the trial court and the CA were not mistaken in their assessment of the credibility of AAA's testimony. Contrary to accused-appellant's assertion, AAA's testimony regarding her ordeal was credible, as she delivered it in a straightforward and convincing manner that is worthy of belief.

Ratio Decidendi: In rape committed by a close kin, such as the victim's father, stepfather, uncle, or the common-law spouse of her mother, it is not necessary that actual force or intimidation be employed; moral influence or ascendancy takes the place of violence or intimidation.

Gist: In this appeal, accused-appellant Alex Amar assails the Decision of the CA, which affirmed with modification, the Decision of the RTC of Caloocan City, finding him guilty beyond reasonable doubt of the crime of Rape.