People vs Lindo [G.R. No. 189818] Case Digest

 

People vs Lindo

G.R. No. 189818

 

Facts:

Accused-appellant was charged with two offenses, rape under Art. 266-A, par. 1 (d) of the Revised Penal Code, and rape as an act of sexual assault under Art. 266-A, par. 2. Accused-appellant was charged with having carnal knowledge of AAA, who was under twelve years of age at the time, under par. 1(d) of Art. 266-A, and he was also charged with committing "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" under the second paragraph of Art. 266-A.

RTC find the accused guilty of (one count) rape.  CA affirmed the decision of RTC with modification as to civil liability of the accused.

 

Issue:

Whether or not RTC and CA erred in finding only one count of rape in the present case.

 

Held:

Yes.

 

Ratio:

 It is settled that in a criminal case, an appeal throws the whole case open for review, and it becomes the duty of the appellate court to correct such errors as may be found in the judgment appealed from, whether they are made the subject of the assignment of errors or not.

Two instances of rape were indeed proved at the trial, as it was established that there was contact between accused-appellant's penis and AAA's labia; then AAA's testimony established that accused-appellant was able to partially insert his penis into her anal orifice.