People vs. Labra (2017)

PEOPLE OF THE PHILIPPINES vs. DOMINADOR LABRA

G.R. No. 221443, July 17, 2017 

PERLAS-BERNABE, J.:

Facts: When AAA was around 5 years old, she and her siblings were left at home with appellant. AAA was awakened when she felt appellant, forced his penis into her vagina, and made push and pull movements, causing her pain. Appellant threatened to kill her if she told anyone. Thereafter, accused-appellant repeatedly molested her, each time bringing his bolo with him.

Years later, AAA - who was already twelve (12) years old at the time - was surprised when she saw accused-appellant in their kitchen. To her shock, appellant squeezed her vagina and told her that they were going to visit his house. Scared, AAA cried and told her cousin, DDD, about the incident. She also told DDD about the first rape incident and the subsequent ones committed by accused-appellant. Eventually, AAA told her mother about her traumatic experiences in the hands of accused-appellant when she was five (5) years old.

RTC and CA convicted accused-appellant of Rape and Unjust Vexation.

Issue: Whether or not appellant is guilty of rape and acts of lasciviousness.

Ruling: As to the crime of rape, appellant indeed committed the crime of Rape against then five (5)-year-old AAA. AAA was a credible witness whose testimony must be given great weight. The trial judge's evaluation, which the CA sustained, now binds the Court, leaving to the accused-appellant the burden to bring to the fore facts or circumstances of weight, which were otherwise overlooked, misapprehended or misinterpreted that would materially affect the disposition of the case differently if duly considered.

However, the Court disagrees with the CA's affirmance of the RTC's finding that accused-appellant can only be held guilty of Unjust Vexation. The Court finds that he should instead be convicted of Acts of Lasciviousness, as charged in the information, in relation to Section 5 (b) of RA 7610 [Child Prostitution and Other Sexual Abuse]. The prosecution was able to prove AAA's minority at the time of the incident through the presentation of her Certificate of Live Birth.

Ratio Decidendi: It is settled that lust is not a respecter of time or place and rape is known to happen in the most unlikely places.

Gist: On appeal is the Decision rendered by the CA, which affirmed the Joint Decision of RTC of Cagayan de Oro City, finding accused-appellant Dominador Ladra guilty beyond reasonable doubt of Rape and Unjust Vexation.