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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The Supreme Court reiterated that the use of specific familial terms, like niece or uncle, is adequate to inform the accused of the nature of the relationship between him and the victim, thereby meeting the requirements of the law. There is no ambiguity in the case. The Information explicitly stated that:
(1) AAA was only 8 years old when the incident happened, and
(2) AAA is accused-appellant’s own niece.
Accused-appellant was charged with Statutory Rape in relation to Republic Act No. 7610 or the Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act.
The prosecution presented AAA’s testimony, where she identified her maternal uncle, BBB, as her abuser. AAA narrated that in September 2010, when she was eight (8) years old, BBB inserted his toe into her vagina during dinner at her grandfather’s house. After her grandfather left, BBB reportedly dragged her into a hut, undressed her, and inserted his penis into her vagina, threatening her parents’ lives if she told anyone. A similar incident allegedly occurred in 2011, with BBB dragging her to a nipa hut and sexually ravishing her.
Dr. Tabungar, a Child Protection Specialist, testified that she conducted a physical and genital examination on AAA and found a laceration on AAA’s hymen.
The accused-appellant denied the accusation against him.
The RTC found accused-appellant guilty of statutory rape, qualified by his relationship to the victim.
The CA affirmed the RTC’s decision. However, the CA ruled that the RTC erred in qualifying the crime by reason of relationship because the Information did not expressly state that accused-appellant is AAA’s relative within the third civil degree. Accordingly, the accused-appellant can only be convicted of the crime of Statutory Rape.
The Supreme Court’s decision
The SC ruled that the accused-appellant is guilty of statutory rape, qualified by his relationship to the victim.
In the case, the CA modified the RTC Decision and ruled that accused-appellant can only be convicted of Statutory Rape because the Information failed to specifically state that accused-appellant is AAA’s relative within the 3rd civil degree by consanguinity or affinity. However, the SC finds that the Information sufficiently shows the relation of the parties.
The SC reiterated that the use of specific familial terms, like niece or uncle, is adequate to inform the accused of the nature of the relationship between him and the victim, thereby meeting the requirements of the law. There is no ambiguity in the case. The Information explicitly stated that:
(1) AAA was only 8 years old when the incident happened, and
(2) AAA is accused-appellant’s own niece.
While the Information did not specify the degree of relationship between AAA and accused-appellant, it nevertheless directly, and in layman’s terms, conveyed the nature of the relationship. Verily, a description that clearly and categorically identified AAA as accused-appellant’s niece satisfies the requirement to inform him fully and prepare a defense. By clearly defining the familial relationship, the prosecution ensures that the accused-appellant is properly apprised of the accusation, fulfilling the principles of fairness and due process.
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