Tickler: Construction and interpretation: Liberally in favor of the accused
People v. Dalaguet, G.R. No. 249414, 27 July 2022
Law:
Under Article 22 of the RPC, penal laws shall have a retroactive effect insofar as it is
favorable to the accused.
Facts:
Benny Dalaguet by means of force, coercion, and intimidation and with lewd designs
and intent to cause to gratify his sexual desire or abuse, humiliate, degrade
complainant, did, then and there, willfully, unlawfully and feloniously have sexual
intercourse with [AAA], a minor, fifteen (15) years old, without her consent and
against her will, to the damage and prejudice of said victim.
The RTC issued a decision convicting Dalaguet with two (2) counts of rape.
Aggrieved, Dalaguet appealed to the CA and the CA issued the assailed decision
which affirmed with modification of Dalaguet’s conviction. The CA found Benny
Dalaguet guilty beyond reasonable doubt of two(2) counts of Lascivious Conduct
under RA 7610 and is sentenced to suffer eight (8) years and 1 day as a minimum to
seventeen (17) years and four(4) months and one (1) day as a maximum.
On March 22, 2022, R.A. No. 11648, which increased the age for determining the
commission of statutory rape and other sexual acts, from 12 years old to 16 years old.
R.A. No. 11648 also amended the applicable laws and penalty for the crimes of acts of
lasciviousness, lascivious conduct, and rape by carnal knowledge or sexual assault.
Before the Supreme Court is an appeal seeking the reversal of the Decision rendered
by the Court of Appeals finding the accused-appellant Benny Dalaguet guilty of two
(2) counts of lascivious conduct under the Special Protection of Children Against
Abuse, Exploitation, and Discrimination Act.
Issue:
Whether RA No. 11648 is applicable to the case
Ruling:
No.
The retroactive application of R.A. No. 11648 will thus result into a higher minimum
term of the indeterminate penalty. Considering that the new penalty has a higher
minimum term, it is more burdensome to the accused-appellant as it will take him a
longer period of time to serve the minimum of the indeterminate sentence before he
becomes eligible for a review of his parole case.
Further, R.A. No. 11648 raised the age of consent to 16 years old. As a
result, acts of lasciviousness committed against a child who is less than 16 years
old, becomes statutory acts of lasciviousness. In this situation, R.A. No. 11648
made it easier to establish the guilt of the accused because it eased the burden of
the prosecution to prove the lack of consent on the part of the victim.
Thus, to apply R.A. No. 11648 retroactively to this case will not be
favorable to the accused-appellant. We therefore apply R.A. No. 7610, prior to its
amendment.
ACCORDINGLY, the appeal is DISMISSED. The Decision of the Court of
Appeals dated June 25, 2019 in CA-G.R. CEB CR-HC No. 02332 is AFFIRMED.
Accused-appellant Benny Dalaguet is GUILTY beyond reasonable doubt of two
(2) counts of Lascivious Conduct under Section 5 (b), Article III of the Special
Protection of Children Against Abuse, Exploitation and Discrimination Act
(Republic Act No. 7610). He is sentenced to suffer the indeterminate penalty of
eight (8) years and one (1) day of prisión mayor, in its medium period, as
minimum, to twenty (20) years of reclusion temporal as maximum term of
imprisonment for each count of violation. Accused-appellant is ORDERED to pay
private complainant AAA the amounts of P50,000.00 as civil indemnity,
P50,000.00 as moral damages, and P50,000.00 as exemplary damages, for each
count of violation, with legal interest of six percent (6%) per annum from the date
of finality of this Decision until full payment.
