G.R. No.

186469 June 13, 2012

THE PEOPLE OF THE PHILIPPINES, Plaintif-appellee,
vs.
JOVER MATIAS !ELA F"ENTE, Accused-appellant
FA#TS$ Appellant Jover Matias y Dela Fuente and private complainant AAA

were neighbours.
In the evening o June !, "##$, AAA, a minor, was on her wa% to the vegetable stall o a
certain &Manuela& to bu% something when, all o a sudden, appellant pulled her towards a
house that was under construction. 'here, he orced her to lie on a bamboo bed, removed
her shorts and underwear, and inserted (rst, his (nger, and then his penis into her vagina.
Appellant threatened to )ill her i she should report the incident to an%one. *hen AAA
arrived home, she narrated to her mother and aunt what appellant did to her. In deense,
appellant claimed that in the evening o the incident, he and his uncle, +omeo Matias, were
doing construction wor) at the house o his aunt. ,e was thereore surprised when two
policemen arrested him at around !-.# in the evening o even date and detained him at the
/aler Police 0tation.
ISS"E$ %&e'&e( o( No' )' *+, -o((e-' 'o -on.)-' +//e00+n' o1 2(+/e2 un3e( Se-. 4
567, A(')-0e III o1 RA 8610.
He03$ 9ES. 1nder 0ection 2 3b4, Article III o +A 5!6# in relation to +A 7.2., i the victim o
se8ual abuse is below 6" %ears o age, the ofender should not be prosecuted or se8ual
abuse but or statutor% rape under Article "!!-A3643d4 o the +evised Penal 9ode. i the
victim is 6" %ears or older, the ofender should be charged with either se8ual abuse under
0ection 23b4 o +A 5!6# or rape under Article "!!-A 3e8cept paragraph 6:d;4 o the +evised
Penal 9ode. In this case, the +'9, convicted appellant or &rape& under 0ec. 2 3b4, Article III o
+A 5!6# upon a (nding that AAA was a minor below 6" %ears old at the time o the
commission o the ofense. ,owever, a punctilious scrutin% o the records shows that AAA
was born on April "., 6<<6, which would ma)e her 6. %ears old at the time o the
commission o the ofense. 'hus, appellant can be prosecuted and convicted either under
0ec. 2 3b4, Article III o +A 5!6# or sexual abuse, or under Article "!!-A o the +P9, e8cept
or rape under paragraph 63d4.

the +'9 concluded that AAA was the &victim o se8ual abuse
labeled =rape=, considering the established act that there was se8ual intercourse between
him and AAA. 'hus, appellant=s conviction was clearl% under 0ec. 2 3b4, Article III o +A 5!6#
or sexual abuse and not or rape under Article "!!-A o the +P9.