FACTS:

Armando Chingh y Parcia (Armando) appealed the decision of the Court of Appeals (CA) convicting him of Statutory Rape and Rape Through Sexual Assault. Armando was charged with inserting his fingers and penis into the private part of his minor victim, VVV. The prosecution presented testimonies from the victim, her father, a police officer, and a doctor. The victim testified that Armando threatened her and sexually abused her in a vacant lot, resulting in physical injuries. Armando denied the charges and provided an alibi. The Regional Trial Court (RTC) found Armando guilty of Statutory Rape, while the CA affirmed the decision and also found him guilty of Rape Through Sexual Assault. Armando appealed the decision to the CA.

ISSUES:

1. Whether the trial court erred in finding the testimony of the victim, VVV, credible and sufficient to sustain the conviction of the accused, Armando.

2. Whether the defense of Armando, consisting of denial and alibi, can refute the positive testimony of the victim.

3. Whether or not Armando can be convicted with two counts of rape even if two offenses were charged in a single information;

4. Whether or not the appropriate penalty for Rape Through Sexual Assault is prision mayor or reclusion temporal in its medium period.

5. What is the proper penalty for Rape under paragraph 1(d), Article 266-A?

6. What is the proper penalty for Rape Through Sexual Assault under paragraph 2, Article 266-A?

7. What is the proper amount of civil indemnity?

8. What is the proper amount of moral damages?

9. What is the proper amount of exemplary damages?

RULING:

1. The trial court did not err in finding the testimony of VVV credible and sufficient to sustain the conviction of Armando. The Court generally does not disturb the findings of the trial court on the credibility of witnesses, as it had the unique opportunity to observe their demeanor and behavior on the witness stand. VVV's testimony was candid, consistent, and supported by the findings of the examining doctor. The Court also considered the vulnerability of young and immature girls in rape cases, where their version is given credence to protect their honor.

2. The defense of Armando, consisting of denial and alibi, was not enough to refute the positive testimony of VVV. Denial and alibi are inherently weak defenses in rape cases and must be supported by clear and convincing evidence. In this case, Armando presented no evidence to substantiate his claims and his bare denial could not prevail over the positive testimony of the victim.

3. Yes, Armando can be convicted with two counts of rape despite the charging of two offenses in a single information. Although it is a violation of Section 13, Rule 110 of the Revised Rules of Criminal Procedure, the court can convict the accused of as many offenses as are charged and proved if the accused fails to object to it before trial, as provided in Section 3, Rule 120 of the Revised Rules of Criminal Procedure.

4. The appropriate penalty for Rape Through Sexual Assault is reclusion temporal in its medium period. While the Revised Penal Code prescribes prision mayor for Rape Through Sexual Assault, the appropriate penalty should be reclusion temporal in its medium period when the offense involves a child who is exploited in prostitution or subjected to other sexual abuse, as provided in Section 5 (b), Article III of R.A. No. 7610.

5. The proper penalty for Rape under paragraph 1(d), Article 266-A is Reclusion Perpetua.

6. The proper penalty for Rape Through Sexual Assault under paragraph 2, Article 266-A is an indeterminate penalty of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum.

7. The total amount of civil indemnity is P80,000.00.

8. The total amount of moral damages is P80,000.00.

9. The total amount of exemplary damages is P60,000.00.

PRINCIPLES:

• The trial court's assessment of the credibility of witnesses is entitled to respect unless certain facts of substance and value were overlooked that might affect the result of the case.

• The testimony of young and immature girls is given credence in rape cases, considering their vulnerability and the shame and embarrassment they would be exposed to if their accusations were not true.

• Denial and alibi are inherently weak defenses in rape cases and must be supported by clear and convincing evidence to be believed. They cannot prevail over the positive testimony of the victim.

• Section 13, Rule 110 of the Revised Rules of Criminal Procedure states that a complaint or information must charge only one offense unless the law prescribes a single punishment for various offenses.

• Section 3, Rule 120 of the Revised Rules of Criminal Procedure allows the court to convict the accused of as many offenses as are charged and proved if the accused fails to object to it before trial.

• R.A. No. 7610, or "The Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act," provides for the penalty of reclusion temporal in its medium period to be imposed for sexual intercourse or lascivious conduct with a child exploited in prostitution or subjected to other sexual abuse.

• The term "lascivious conduct," as defined in Section 2 (h) of the rules and regulations of R.A. No. 7610, includes the intentional touching of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth of any person with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person.

• Rape under paragraph 1(d), Article 266-A is punishable by Reclusion Perpetua.

• Rape Through Sexual Assault under paragraph 2, Article 266-A is punishable by an indeterminate penalty of twelve (12) years, ten (10) months and twenty-one (21) days of reclusion temporal, as minimum, to fifteen (15) years, six (6) months and twenty (20) days of reclusion temporal, as maximum.

• The proper amount of civil indemnity for rape is P80,000.00.

• The proper amount of moral damages for rape is P80,000.00.

• The proper amount of exemplary damages for rape is P60,000.00.