Case Digest: People vs Garcia

People of the Philippines vs. Juanito Garcia

G.R. No. 200529 ; 19 September 2012

PONENTE: Reyes

SUBJECTS: Statutory Rape, Acts of Lasciviousness

FACTS:

AAA, the victim, is an orphan who is under the care of BBB, her aunt. The accused is AAA’s cousin within the third civil degree by consanguinity. The accused was charged for three (3) counts of statutory rape which took place on three successive dates or 30 April, 1 May and 2 May of 2001. It was only when AAA would often feel sick and walked oddly did BBB notice. Upon BBB’s prodding, AAA disclosed the incidents to the former. During trial, the accused denied having committed rape but alleged it was BBB who instigated AAA to falsely accuse him of rape. The RTC convicted the accused for Statutory Rape and Acts of Lasciviousness but acquitted him on the third charge.

ISSUE:

1. Whether or not the accused is liable for Statutory Rape
2. Whether or not the accused is liable for Acts of Lasciviousness, despite the information charging him for Statutory Rape.

HELD:

1. Yes, 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. 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.

2. Yes, the touching of a female’s sexual organ, standing alone, is not equivalent to rape, not even an attempted one, but one of acts of lasciviousness. Without proof that there was an attempt to introduce the male organ into the labia majora of the victim’s genitalia, rape cannot be concluded. What was firmly established was that the accused kissed AAA’s cheeks and touched her vagina on May 1, 2001, which by any standards, are lewd acts, which are morally inappropriate, indecent, and lustful for Juanito to perform such acts on a young girl whilst taking advantage of her vulnerability given her minority.