People vs. Jonie Dominguez GR. No. 191065

Facts:

The accused Jonie Dominguez was charged with two (2) counts of statutory rape and six (6) other counts of simple rape.

AAA was allegedly raped twice: first in 2001 when she was only nine years old, and second on 12 July 2002. The first instance of rape was allegedly done under the circumstance of intimidation with a knife. The second instance of rape was allegedly committed by the accused through threats and the use of moral ascendancy over AAA.

BBB, on the other hand, was allegedly raped seven times. The rape was allegedly committed through force, violence and intimidation, and moral ascendancy.

 AAA and BBB chose to stay silent about the instances of rape, until their mother accidentally discovered the commission of the crimes from the accused himself.  Overhearing Dominguez in one of his drinking sessions, boasting that the children's vaginas were already wide, she confronted her daughters and asked them about the remark. The children reluctantly confided to her what had happened. 

During the trial, AAA and BBB testified against Dominguez by narrating the lascivious acts he had done to them. According to their testimonies, the accused had employed trickery so that either AAA or BBB would be left alone with him and thereafter raped, with threats of harm to her person or her family.

Issue:

Whether or not the accused is guilty of Rape.

Rulings:

Yes.

Rape is committed:

1)  By a man who shall have carnal knowledge of a woman under any of the following circumstances:

a) Through force, threat, or intimidation;

b) When the offended party is deprived of reason or otherwise unconscious;

c) By means of fraudulent machination or grave abuse of authority; and

d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.

2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.

Before and after the violations, the intimidation took the form of threats that the victims’ family would be killed by the accused. The accused also employed trickery and took advantage of his authority over his grandnieces. Under these circumstances, the accused was able to have carnal knowledge of BBB and  commit a series of sexual assaults against both her and AAA. The two incidents of rape against AAA happened before she reached 12 years of age, she being 9 and 10 then. For those incidents, proof of threats, force or intimidation, is not necessary.  Thus, the accused is guilty as charged.