G.R. No. 174472 - PEOPLE OF THE PHILIPPINES, VS. BENIGNO FETALINO Y GABALDON, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the judgment of the Regional Trial Court, Branch 213 of Mandaluyong City convicting accused-appellant Benigno Fetalino of the crime of two (2) counts of acts of lasciviousness in Criminal Case Nos. MC-99-1445 and MC-99-1446 and for rape in Criminal Case No. MC-99-1447-H is AFFIRMED with the MODIFICATION that the penalty of death imposed by the trial court for the crime of rape should be reduced to reclusion perpetua . Accused-appellant is ordered to pay complainant AAA the following amounts: the total amount of P50,000.00 as moral damages; P50,000.00 as civil indemnity; and P25,000.00 as exemplary damages. As regards Criminal Case Nos. MC-99-1448-H and MC-99-1449-H, accused is hereby ACQUITTED for failure of the prosecution to prove his guilt beyond reasonable doubt. [23] Once again, appellant's case is before us for our consideration raising the following errors: I THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE [CRIMES] CHARGED HAS BEEN PROVEN BEYOND REASONABLE DOUBT. II THE COURT A QUO GRAVELY ERRED IN GIVING WEIGHT AND CREDENCE TO THE INCREDIBLE TESTIMONY OF THE PROSECUTION WITNESSES. III THE COURT A QUO GRAVELY ERRED IN IMPOSING UPON THE ACCUSED-APPELLANT THE SUPREME PENALTY OF DEATH AS THE AGE OF THE PRIVATE COMPLAINANT HAS NOT BEEN SUFFICIENTYLY PROVED. [24] The appeal is partly meritorious. At the outset, we would like to impart our observation as regards the proper charge that should have been filed against appellant for the incidents that transpired on 21 and 22 March 1999, during which he inserted his finger into the vagina of AAA. For these acts, which spawned Criminal Cases No. MC-99-1445 and MC-99-1446, appellant was indicted merely for two counts of acts of lasciviousness when the appropriate charges should have been two separate counts of rape under Article 266-A(2) of the Revised Penal Code. It must be remembered that Articles 266-A and 266-B are the amendments introduced to the Revised Penal Code by Republic Act No. 8353 or the "The Anti-Rape Law of 1997," which took effect on 22 October 1997. With these amendments, rape was reclassified as a crime against person and not merely a crime against chastity. Article 266-A of the Revised Penal Code states: Art. 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 or