People vs. Quiapo Digest

People vs.
Quiapo (2018)
Plaintiff-appellee: PEOPLE OF THE PHILIPPINES
Accused-appellant: LEONARDO QUIAPO @ "LANDO"
Ponente: Del Castillo (First Division)
Topic: Criminal Law; Remedial Law
SUMMARY: The SC upheld Quiapo’s conviction of one count of attempted rape and five counts of
consummated rape under Article 335 of the Revised Penal Code (the rapes taking place in 1996).
DOCTRINE: "[T]he date of the commission of the rape is not an essential element of the crime of rape,
for the gravamen of the offense is carnal knowledge of a Inconsistencies and discrepancies in details
which are irrelevant to the elements of the crime are not grounds for acquittal." Thus, any
discrepancy regarding the dates, place and time of the incidents deserves scant consideration.
"Delay in reporting rape incidents, in the face of threats of physical violence, cannot be
taken against the victim because delay in reporting an incident of rape is not an indication of a
fabricated charge and does not necessarily cast doubt on the credibility of the complainant."
"A mere denial, without any strong evidence to support it, can scarcely overcome the positive
declaration by the victim of the identity and involvement of Quiapo in the crimes attributed to him." The
same is true with his claim of alibi.
The time-honored rule is that 'the issue of credibility of witnesses is a question best
addressed to the province of the trial court because of its unique position of having observed that
elusive and incommunicable evidence of the witnesses' deportment on the stand While testifying, x
x x and absent any substantial reason which would justify the reversal of the trial court's assessments
and conclusions, the reviewing court is bound by the former's findings, particularly when no
significant facts and circumstances are shown to have been overlooked or disregarded, which
when considered would have affected the outcome of the case. The rule finds an even more
stringent application where the said findings are sustained by the CA.
“Motives such as resentment, hatred or revenge have never swayed this Court from giving full
credence to the testimony of a minor rape victim."
The elements of the crime of statutory rape under Article 266-A(1)(d) are: (1) that the offender
had carnal knowledge of a woman; and (2) that such a woman is under 12 years of age or is demented.
Essentially, the foregoing elements are the same as those provided under paragraph 3 of Article 335,
the law in force when the rapes on MMM transpired.
FACTS:
Criminal Case Nos. L-0100, L-0101, L-0102 and L-0103: Rapes committed on AAA:
In the summer of 1996, AAA stayed with x x x Quiapo Leonardo Quiapo, and Aunt [BBB] Quiapo
at their residence x x x, per request of AAA's Aunt [BBB]. While living with the spouses, AAA helped out
in the daily household chores x x x. Everytime that [BBB] leaves the house, Leonardo would ask her to
come to him.
In the afternoon of 18 April 1996, while AAA was fetching water, Leonardo followed and
beckoned her to come to him x x x. At first, AAA did not respond to Leonardo's call. x x x Eventually,
[AAA] succumbed to [Quiapo's] unrelenting request and came near him. Immediately thereafter,
Leonardo x x x [undressed AAA and threatened her] not to shout.
Terrified by the bolo [hanging] at the side of Leonardo and the threat of killing her x x x, AAA
yielded to [her] uncle's desire. Leonardo laid her on the grass and took out his penis x x x and positioned
himself on top of AAA. However, Leonardo was not able to fully insert his penis into AAA's vagina.
Days after, Leonardo's second sexual attack on AAA took place at the Quiapos['J house
x x x. While AAA was sleeping together with her aunt and cousins in the same room - which was dark
because the light[s] were off - Leonardo advanced towards AAA. Despite AAA's three (3) shouts for help,
her aunt [and cousins] did not wake up[.]x x x Leonardo succeeded in penetrating her [causing her
severe] pain and x x x vaginal bleeding. She was sure that it was Leonardo because she recognized x
x x his voice.
The third rape incident was committed in the grassy portion surrounding the house of the
Quiapos['] x x x while AAA was fetching water. Similarly, AAA felt severe pain and vaginal bleeding
resulting from Leonardo's penetration of her.
For the fourth time, Leonardo raped AAA while she was sleeping together with all the members
of the Quiapo family in the same room. Her shouting twice [at] the top of her voice did not wake her aunt
or anybody in the room x x x. Leonardo covered her mouth to prevent her from shouting further. He
succeeded in undressing and laying on top of AAA by threatening her that [he] would kill her. Again,
Leonardo successfully penetrated AAA resulting in another episode of pain and vaginal bleeding on the
part of AAA.
The fifth episode happened one morning while AAA was carrying palay from the rice mill.
Moments after reaching the house, AAA was commanded by Leonardo to come close to him. When
AAA did not accede, x x x Leonardo grabbed her hand. At this point, [BBB] saw what her husband was
doing to her niece. [BBB] hurriedly went inside the house and a fight ensued thereafter. [BBB]
inquired from AAA what her husband did to her and AAA confessed the sexual molestations made by
Quiapo against her x x x. On the same day, AAA was brought to her house x x x. She was also brought
to the doctor for medical examination and to the police for investigation.
Criminal Case Nos. L-0098 and L-0099: Rapes committed on MMM
Sometime in September 1996, MMM was invited by her Aunt [BBB] to stay in the latter's house
x x x to be a playmate to the latter's two children. MMM would [be] sleeping [in] a small room beside her
Aunt [BBB] who was, in turn, lying beside Leonardo.
[In the evening] of 20 September 1996 [MMM] was sleeping inside her Aunt [BBB] and
Leonardo's bedroom. At that time, her aunt was not around. While she was sleeping, Quiapo came to
lie beside her, x x x. While MMM tried to move away[,] Leonardo pulled her towards him x x x. Leonardo
held her hand, then shoulders, covered her mouth and undressed her. MMM attempted to shout but
Leonardo managed to cover her mouth.
Eventually, after successfully pulling down MMM's panty, Leonardo removed his own clothes
and [laid] on top of her. MMM suddenly felt much pain when Leonardo inserted his penis into her
vagina Maintaining such position, Leonardo continued with a series of 'push and pull' movements until
MMM felt something x x x flowed inside her vagina.
After Leonardo was through, hex x x warned her that[,] if she [would] report x x x what [had]
happened, he [would] kill her and her mother. Leonardo also promised to give MMM money. Driven by
an overwhelming fear, MMM did as she was told. Leonardo was armed with an air gun beside him while
he was committing these acts.
The following day, 21 September 1996 at around 4:00 PM, while MMM was [on a trail] through
the nearby grassy portion, Leonardo shouted at [her] and instructed her to come near him because he
had something to tell her. Thereat, Leonardo raped MMM for the second time [and] blood oozed out of
MMM's vagina after another painful sexual attack made by Quiapo.
MMM reported the sexual molestations caused to her by her uncle to the police x x x [in] May
1997 or approximately eight (8) months when her cousin AAA, who was also raped by her uncle, Quiapo
Leonardo, reported the matter to MMM's mother.
Quiapo was charged before the RTC of Liloy, Zamboanga del Norte, Branch 28 in six separate
Informations with rape under Article 335 of the Revised Penal Code (RPC) and were docketed as
Criminal Case Nos. L-0098 to L-00103.
RTC found Quiapo guilty of:
1. Attempted Rape in Criminal Case No. L-0100

2. Two (2) counts of Consummated Rape, in Criminal Case Nos. L-0098, L-0099
3. Three (3) counts of Consummated Rape in Criminal Case Nos. L-0101, L-0102, and L-0103
CA found Quiapo guilty of:
(a) statutory rape under paragraph 1 (d), article 266-A of the Revised Penal Code in Criminal Case Nos. L-
0098 and L-0099
(b) simple rape under paragraph 1(a), Article 266-A of the Revised Penal Code in Criminal Case Nos. L-
0101, L-0102 and L-0103
(c) attempted rape in Criminal Case No. [L-]0100
ISSUES:
 WoN Quiapo is guilty of the crimes for which he was convicted

o YES. Quiapo explains that the Information in Criminal Case No. L-0100 stated that the crime was
committed in the morning on or about the 18th day of April, 1996; in Criminal Case No. L-0101
stated that the crime was committed at noon or about the 18th day of April, 1996; in Criminal Case
No. L-0102 stated that the crime was committed in the evening on or about the 18th day of April,
1996; and; in Criminal Case No. L-0103 stated that the crime was committed on or about the 13th
day of May, 1996. However, AAA testified during the trial that she was sexually abused in the
year 1996 but could not remember the dates and gave inconsistent testimonies on the details.
Quiapo also avers that MMM could not state with consistency the place where the incidents of
rape happened on September 20 and 21, 1996. Moreover, Quiapo posits that the delay in
reporting the incidents hardly conforms to human experience.
o Quiapo's submissions are not tenable. In People v. Sarcia, the Court "ruled, time and again that
the date is not an essential element of the crime of rape, for the gravamen of the offense is carnal
knowledge of a woman. As such, the time or place of commission in rape cases need not be
accurately stated."
o Neither the delay of AAA and MMM in reporting the incidents undermines their credibility.
o The courts below correctly rejected Quiapo's defenses of denial and alibi. As observed by the
courts below, Quiapo failed to prove his physical impossibility to be at the crime scene during their
alleged commissions.
o Anent Quiapo's ascription of ill-motive in filing the charges against him, the Court already ruled
that "motives such as resentment, hatred or revenge have never swayed this Court from giving
full credence to the testimony of a minor rape victim."
o Based on records, the prosecution had established the element of carnal knowledge through the
testimony of MMM with her age of being under 12 years old supported by her Certificate of Live
Birth.
o With respect to the rapes committed on AAA, the CA made a clear conclusion which we quote:
 However, with respect to AAA, the Court upholds the trial court in finding Quiapo only liable for
simple rape in Criminal Case Nos. L-0101, L-0102 and L-0103. While it may appear that AAA was
under twelve (12) years old at the time Quiapo raped her, the same was not properly alleged in the
Information. Consequently, due to the defect in the information charging Quiapo of rape, he can
only be made liable for simple rape even if it was proven during trial that AAA was under twelve
(12) years old at the time of the commission of the crimes charged.
o In addition, the Court finds no compelling reason to deviate from the findings of the CA affirming
that of the trial court that Quiapo can only be made liable for attempted rape in Criminal Case No.
L-0100 in view of the absence of any showing of the slightest penetration of Quiapo's penis inside
AAA's vagina.
NOTES: Appeal DISMISSED.

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People vs.

Plaintiff-appellee: PEOPLE OF THE PHILIPPINES

Accused-appellant: LEONARDO QUIAPO @ "LANDO"

Ponente: Del Castillo (First Division)

Topic: Criminal Law; Remedial Law

Criminal Case Nos. L-0098 and L-0099: Rapes committed on MMM

RTC found Quiapo guilty of:

1. Attempted Rape in Criminal Case No. L-0100

CA found Quiapo guilty of:

(c) attempted rape in Criminal Case No. [L-]0100

 WoN Quiapo is guilty of the crimes for which he was convicted

NOTES: Appeal DISMISSED.

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