Petitioner
People
Respondent
XXX
Citation
G.R. No. 254254
Court
Supreme Court
Division
Second Division
Ponente
Gaerlan, J.
Decided
February 16, 2022

Summary

The Supreme Court affirmed the conviction of XXX for qualified rape by carnal knowledge against his 13-year-old daughter in 2009, imposing reclusion perpetua and P100,000 each for civil indemnity, moral and exemplary damages. However, the Court modified his conviction for the March 2012 incident from qualified rape by sexual assault to Lascivious Conduct under R.A. No. 7610, following the Tulagan doctrine that rape by sexual assault against minors aged 12-18 should be prosecuted under the child protection law. The Court sentenced him to reclusion perpetua for this charge as well, with P75,000 each for damages plus P15,000 fine. The Court rejected XXX's claim that the duplicitous Information was defective, ruling he waived this objection by failing to challenge it before trial. The decision emphasized that a child victim's testimony alone, if credible, suffices for conviction, and that medical evidence is not indispensable in rape prosecutions.

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By the Intellegal Editorial Board · February 16, 2022

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