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    74 - People V Garcia

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    Renard Enrile
    The Supreme Court of the Philippines ruled on the appeal of Juanito Garcia who was convicted of statutory rape and acts of lasciviousness. [1] The court affirmed his conviction for acts of lasciviousness for kissing and touching the vagina of his underage cousin AAA. [2] However, the court found that the elements for statutory rape were not proven since there was no evidence of sexual intercourse. [3] The court upheld the modification that Garcia be found guilty of acts of lasciviousness but not statutory rape.

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    74 - People V Garcia

    Uploaded by

    Renard Enrile
    109 views2 pages
    The Supreme Court of the Philippines ruled on the appeal of Juanito Garcia who was convicted of statutory rape and acts of lasciviousness. [1] The court affirmed his conviction for acts of lasciviousness for kissing and touching the vagina of his underage cousin AAA. [2] However, the court found that the elements for statutory rape were not proven since there was no evidence of sexual intercourse. [3] The court upheld the modification that Garcia be found guilty of acts of lasciviousness but not statutory rape.

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    74_People v Garcia

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    The Supreme Court of the Philippines ruled on the appeal of Juanito Garcia who was convicted of statutory rape and acts of lasciviousness. [1] The court affirmed his conviction for acts of lasciviousness for kissing and touching the vagina of his underage cousin AAA. [2] However, the court found that the elements for statutory rape were not proven since there was no evidence of sexual intercourse. [3] The court upheld the modification that Garcia be found guilty of acts of lasciviousness but not statutory rape.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    109 views2 pages

    74 - People V Garcia

    Uploaded by

    Renard Enrile
    The Supreme Court of the Philippines ruled on the appeal of Juanito Garcia who was convicted of statutory rape and acts of lasciviousness. [1] The court affirmed his conviction for acts of lasciviousness for kissing and touching the vagina of his underage cousin AAA. [2] However, the court found that the elements for statutory rape were not proven since there was no evidence of sexual intercourse. [3] The court upheld the modification that Garcia be found guilty of acts of lasciviousness but not statutory rape.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    G.R. No.

    200529               September 19, 2012

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee,


    vs.
    JUANITO GARCIA y GUMAY @ WAPOG, Accused-Appellant.

    REYES, J.:

    Doctrine:

    The elements of acts of lasciviousness, punishable under Article 336 of the RPC, are:(1) That
    the offender commits any act of lasciviousness or lewdness;(2) That it is done under any of the
    following circumstances:a. By using force or intimidation; or b. When the offended party is
    deprived of reason or otherwise unconscious; or c. When the offended party is under 12 years
    of age; and (3) That the offended party is another person of either se

    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.
    On February 3, 2010, the RTC rendered a Decision7 convicting Juanito of statutory rape
    in Criminal Case No. 3840-C and acts of lasciviousness in Criminal Case No. C-3838-C and
    acquitting him of statutory rape in Criminal Case No. 3839-C. 

    The CA, in its assailed decision, affirmed Juanito’s conviction. The CA ruled that the
    prosecution was able to prove the existence of all the essential elements of statutory rape
    beyond reasonable doubt. Juanito’s denial and claim of ill-motive against AAA’s aunt are mere
    self-serving assertions that are inherently weak compared to AAA’s precise and undeviating
    testimony.

    ISSUE:
    that the CA erred in finding that his criminal culpability was proved beyond reasonable
    doubt.

    RULING:

    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.
    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.

    WHEREFORE, the appeal is DENIED. The Decision dated June 30, 2011 of the Court of
    Appeals in CA-G.R. CR-HC No. 04352 is AFFIRMED with MODIFICATION. The Court finds
    Juanito "Wapog" Garcia guilty of:(a) statutory rape under Article 266-B of the Revised of Code
    (b) acts of lasciviousness under Article 336 of the Revised Penal Code

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