The Supreme Court affirmed the conviction of Marlon Conti for Statutory Rape, emphasizing the protection of children. It also convicted him of Sexual Assault, clarifying the application of Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation and Discrimination Act) alongside the Revised Penal Code (RPC). This decision underscores the judiciary’s commitment to safeguarding minors from sexual abuse and ensuring perpetrators are held accountable under multiple applicable laws, providing a framework for similar cases.

When Trust is Betrayed: Understanding the Dual Crimes Against a Child

This case revolves around Marlon Conti’s actions against AAA, his common-law partner’s seven-year-old daughter. The charges stemmed from incidents occurring in their home where Marlon was accused of both inserting his finger into AAA’s vagina and subsequently engaging in sexual intercourse with her. These acts led to charges of Statutory Rape under the Revised Penal Code and violations of the Anti-Violence Against Women and their Children Act. The central legal question is whether Marlon is guilty of these charges, and to what extent the laws protect children in such vulnerable situations.

The Regional Trial Court (RTC) initially found Marlon guilty on both counts. He was convicted for violating Republic Act No. 9262, the Anti-Violence Against Women and their Children Act, and for Statutory Rape. The Court of Appeals (CA) affirmed the RTC’s decision regarding the Statutory Rape conviction, focusing on the elements of the crime as defined in Article 266-A(1)(d) of the Revised Penal Code. This article specifies that the offender had carnal knowledge of the victim, regardless of whether there was force, threat, or intimidation or grave abuse of authority. The CA emphasized that the victim was under 12 years of age, thus satisfying the criteria for Statutory Rape.

Marlon’s defense relied on denial and alibi, claiming he was not present at the scene during the alleged incidents. However, the courts found his alibi unconvincing, particularly because the testimony of his own witness, Faustino Rodriguez, weakened his claim. Rodriguez admitted that he and Marlon slept in separate rooms that night, making it impossible for him to confirm Marlon’s whereabouts. The Supreme Court echoed the lower courts’ assessment, noting that a bare denial cannot outweigh the positive and consistent testimony of the victim and her mother.

Building on this principle, the Supreme Court further examined whether Marlon’s actions also constituted Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5(b) of RA 7610. This law addresses situations where an offender inserts any instrument or object into the genital or anal orifice of a child victim. The evidence presented indicated that Marlon had first inserted his finger into AAA’s vagina before the act of sexual intercourse. This sequence of events is crucial in determining the applicability of the additional charge of Sexual Assault.

The Court referenced People v. Agoncillo, noting that an offender could be convicted of both Rape under Article 266-A(1)(d) and Rape under Article 266-A(2) for a single incident, provided that these crimes are properly alleged in the informations. In this case, the information did allege both acts: the insertion of a finger and the subsequent sexual intercourse. Quoting People v. Chingh, the Court emphasized that even if an information charges two offenses improperly, a conviction on both counts is possible if the accused fails to object before the trial:

The CA correctly found Armando guilty of the crime of Rape Through Sexual Assault under paragraph 2, Article 266-A, of the Revised Penal Code, as amended by Republic Act No. (R.A.) 8353, or The Anti-Rape Law of 1997. From the Information, it is clear that Armando was being charged with two offenses, Rape under paragraph 1(d), Article 266-A of the Revised Penal Code, and rape as an act of sexual assault under paragraph 2, Article 266-A.

Here, Marlon did not file a motion to quash the Information, which allowed the Court to consider both offenses. However, the Court clarified the appropriate nomenclature of the second crime, distinguishing it from Rape by Sexual Assault. The correct charge, according to People v. Tulagan, is Sexual Assault under paragraph 2, Article 266-A of the RPC, in relation to Section 5(b) of RA 7610:

Considering the development of the crime of sexual assault from a mere “crime against chastity” in the form of acts of lasciviousness to a “crime against persons” akin to rape, as well as the rulings in Dimakuta and Caoili, We hold that if the acts constituting sexual assault are committed against a victim under 12 years of age or is demented, the nomenclature of the offense should now be “Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5 (b) of R.A. No. 7610″ and no longer Acts of Lasciviousness under Article 336 of the RPC in relation to Section 5 (b) of R.A. No. 7610,” because sexual assault as a form of acts of lasciviousness is no longer covered by Article 336 but by Article 266-A (2) of the RPC, as amended by R.A. No. 8353.

For Statutory Rape, the penalty is reclusion perpetua. For Sexual Assault under Article 266-A(2) of the RPC, in relation to Section 5(b) of RA 7610, the penalty is reclusion temporal in its medium period. Applying the Indeterminate Sentence Law, the Court sentenced Marlon to an indeterminate penalty for the Sexual Assault charge, ranging from twelve years, ten months, and twenty-one days to fifteen years, six months, and twenty-one days. Moreover, the Court affirmed the award of damages. For Statutory Rape, AAA was awarded PHP 75,000.00 each for civil indemnity, moral damages, and exemplary damages. Additionally, for Sexual Assault, she was awarded PHP 50,000.00 each for the same categories of damages.

The damages awarded reflect the gravity of the offenses and the need to compensate the victim for the harm she endured. The dual convictions underscore the judiciary’s commitment to addressing the multifaceted nature of sexual offenses against children. The decision serves as a reminder that perpetrators will face the full force of the law, with penalties and damages designed to protect victims and deter future crimes. The Supreme Court clarified the penalties and damages, ensuring that the punishment aligns with the crime’s severity while adhering to legal precedents. The Court’s decision provides a clear framework for adjudicating similar cases involving sexual offenses against children.

FAQs

What was the key issue in this case?	The key issue was whether Marlon Conti was guilty of both Statutory Rape and Sexual Assault against a minor, and how these charges are defined under Philippine law. The case also clarified the appropriate penalties and damages for these crimes.
What is Statutory Rape under Philippine law?	Statutory Rape under Article 266-A(1)(d) of the Revised Penal Code involves an adult having carnal knowledge of a child under 12 years of age. The law does not require proof of force, threat, or intimidation; the age of the victim and the act of sexual intercourse are sufficient.
What constitutes Sexual Assault in this context?	Sexual Assault under Article 266-A(2) of the RPC, in relation to Section 5(b) of RA 7610, occurs when an offender inserts any instrument or object into the genital or anal orifice of a child under 12 years old. This charge is separate from Statutory Rape and addresses different aspects of the offense.
Why was Marlon Conti charged with both Statutory Rape and Sexual Assault?	Marlon Conti was charged with both because the evidence showed he committed two distinct acts: inserting his finger into the victim’s vagina and then engaging in sexual intercourse. Each act constitutes a separate offense under Philippine law.
What was the court’s basis for convicting Marlon Conti of both crimes?	The court relied on the victim’s testimony, corroborated by her mother’s account and medical evidence. The information filed also sufficiently alleged both acts, and the defense failed to object to the dual charges before the trial.
What penalties did Marlon Conti receive?	For Statutory Rape, Marlon received a sentence of reclusion perpetua. For Sexual Assault, he received an indeterminate sentence ranging from twelve years, ten months, and twenty-one days to fifteen years, six months, and twenty-one days.
What damages were awarded to the victim?	The victim was awarded PHP 75,000.00 each for civil indemnity, moral damages, and exemplary damages for Statutory Rape. She also received PHP 50,000.00 each for the same categories of damages for Sexual Assault.
What is the significance of People v. Tulagan in this case?	People v. Tulagan clarified the nomenclature of the crime when acts of sexual assault are committed against a child under 12 years of age. It established that the correct charge is “Sexual Assault under paragraph 2, Article 266-A of the RPC in relation to Section 5 (b) of R.A. No. 7610.”

In conclusion, the Supreme Court’s decision in People of the Philippines vs. Marlon Conti y Paraggua reinforces the stringent protections afforded to children under Philippine law. The conviction for both Statutory Rape and Sexual Assault, coupled with significant damages, underscores the severe consequences for those who exploit and abuse minors. This ruling serves as a crucial precedent for future cases, ensuring that perpetrators are held fully accountable for their actions.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. MARLON CONTI Y PARAGGUA, DEFENDANT-APPELLANT, G.R. No. 260704, February 27, 2023