February 6, 2017 Report,7 concluded that Felipe is psychologically incapacitated to fulfill the essential

marital obligations. A portion of the report reads:

G.R. No. 214064
x x xx
MIRASOL CASTILLO, Petitioner
vs. The personality disorder speaks of antecedence as it has an early onset, with an
REPUBLIC OF THE PHILIPPINES and FELIPE IMPAS, Respondents enduring pattern and behavior that deviates markedly from the expectations of the
individual's culture. His poor parental and family molding (particularly lack of
DECISION parental parenting) caused him to have a defective superego and he proved to be
selfish, immature and negligent person and followed a pattern of gross
irresponsibility and gross disregard of the feelings of his partner/wife disregarding
PERALTA, J.:
the marriage contract and the commitment he agreed on during the wedding. In other
words, the root cause of respondent's flawed personality pattern can be in childhood
We resolve the petition for review on certiorari filed by petitioner Mirasol milieu. Respondent's familial constellation, unreliable parenting style from
Castillo (Mirasol) challenging the Decision1and Resolution,2 dated March 10, 2014 significant figures around him, and unfavorable childhood experiences have greatly
and August 28, 2014, respectively, of the Court of Appeals (CA), which ruled affected his perceptions of himself and his environment in general. The respondent
against the dissolution and nullity of her marriage under Article 36 of the Family did not grow up mature enough to cope with his obligations and responsibilities as
Code. married man and father.

The facts of the case follow: It also speaks of gravity as he was not able to carry out the normative and ordinary
duties of marriage and family, shouldered by any married man, existing in ordinary
As their parents were good friends and business partners, Mirasol and Felipe started circumstances. He just cannot perform his duties and obligations as a husband, as he
as friends then, eventually, became sweethearts. During their courtship, Mirasol entered into marriage for his own self-satisfaction and gratification, manipulate and
discovered that Felipe sustained his affair with his former girlfriend. The couple's denigrate the petitioner for his own pleasures and satisfaction. In the process,
relationship turned tumultuous after the revelation. With the intervention of their respondent was unable to assume his marital duties and responsibilities to his wife.
parents, they reconciled. They got married in Bani, Pangasinan on April 22, 1984 He failed to render mutual help and support (Article 68, FC).
and were blessed with two (2) children born in 1992 and in 2001. 3
Additionally, it also speaks of incurability, as respondent has no psychological
On June 6, 2011, Mirasol filed a Complaint4 for declaration of nullity of marriage insight that he has a character problem. He would not acknowledge the pain he
before the Regional Trial Court (RTC) of Dasmariñas, Cavite, Branch 90. caused to people around him. People suffering from this personality disorder are
unmotivated to treatment and impervious to recovery. There are no medications and
Mirasol alleged that at the beginning, their union was harmonious prompting her to laboratory examinations to be taken for maladaptive behavior such as the NPD
believe that the same was made in heaven. However, after thirteen (13) years of (Narcissistic Personality Disorder).
marriage, Felipe resumed philandering. Their relatives and friends saw him with
different women. One time, she has just arrived from a trip and returned home to Otherwise stated, his personality disorder is chronic and pervasive affecting many
surprise her family. But to her consternation, she caught him in a compromising act aspects of his life, such as social functioning and close
with another woman. He did not bother to explain or apologize. Tired of her relationships.1âwphi1 Apparently, he has failed to develop appropriate adjustment
husband's infidelity, she left the conjugal dwelling and stopped any communication methods. He lacks the intrapersonal and interpersonal integration that caused him the
with him.5Felipe's irresponsible acts like cohabiting with another woman, not failure to understand the very nature of that sharing of life that is directed toward the
communicating with her, and not supporting their children for a period of not less solidarity and formation of family.
than ten (10) years without any reason, constitute a severe psychological disorder. 6
x x x x8
In support of her case, Mirasol presented clinical psychologist Sheila Marie
Montefalcon (Montefalcon) who, in her Psychological Evaluation
In a Decision9 dated January 20, 2012, the RTC in Civil Case No. 4853-11 declared In short, Felipe's marital infidelity does not appear to be symptomatic of a grave
the marriage between Mirasol and Felipe null and void. The dispositive portion of psychological disorder which rendered him incapable of performing his spousal
the decision states: obligations. Sexual infidelity, by itself, is not sufficient proof that petitioner is
suffering from psychological incapacity. It must be shown that the acts of
WHEREFORE, premises considered, Court hereby declares the marriage contract by unfaithfulness are manifestations of a disordered personality which make him
the petitioner MIRASOL CASTILLO to the respondent FELIPE IMPAS on April completely unable to discharge the essential obligations of marriage. Since that
22, 1984 in Bani, Pangasinan to be NULL AND VOID AB INITIO. situation does not obtain in the case, Mirasol's claim of psychological incapacity
must fail. Psychological incapacity must be more than just a "difficulty," "refusal" or
ACCORDINGLY, pursuant to the provisions of A.M. No. 02-11-10-SC, the Clerk of "neglect" in the performance of some marital obligations. Rather, it is essential that
the concerned party was incapable of doing so, due to some psychological illness
Court is directed to enter this judgment upon its finality in the Book of Entry of
existing at the time of the celebration of the marriage.
Judgment and to issue the corresponding Entry of Judgment. Thereupon, the Office
of the Civil Registrars in Bani, Pangasinan and Imus, Cavite, are also mandated to
cause the registration of the said ENTRY OF JUDGMENT in their respective Book In fine, given the insufficiency of the evidence proving the psychological incapacity
of Marriages. of Felipe, We cannot but rule in favor of the existence and continuation of the
marriage and against its dissolution and nullity.
Likewise, furnish the petitioner and the counsel of the petitioner, the respondent, the
Solicitor General, 3rd Assistant Provincial Prosecutor Oscar R. Jarlos and the Civil WHEREFORE, the appeal is GRANTED. The Decision dated January 20, 2012 is
Registrar General with copies hereof. REVERSED and SET ASIDE.

Upon compliance, the Court shall forthwith issue the DECREE OF NULLITY OF SO ORDERED.13
MARRIAGE.
Upon the denial of her motion for reconsideration, Mirasol elevated the case before
SO ORDERED.10 this Court raising the issue, thus:

On February 22, 2012, the Republic of the Philippines, through the Office of the [Petitioner] was able to establish that respondent is suffering from grave
Solicitor General (OSG), filed a motion for reconsideration, which the RTC denied psychological condition that rendered him incognitive of his marital covenants under
in an Order11 dated April 3, 2012. Article 36 of the Family Code.

On appeal, the CA in CA-G.R. CV No. 99686 reversed and set aside the decision of Basically, the issue to be resolved by this Court is whether or not the totality of
the RTC, ruling that Mirasol failed to present sufficient evidence to prove that Felipe evidence presented warrants, as the RTC determined, the declaration of nullity of the
was suffering from psychological incapacity, thus, incapable of performing marital marriage of Mirasol and Felipe on the ground of the latter's psychological incapacity
obligations due to some psychological illness existing at the time of the celebration under Article 36 of the Family Code.
of the marriage.12 A pertinent portion of the decision reads:
This Court rules in the negative.
x x xx
Mirasol alleges that she has sufficiently established that Felipe is psychologically
Based on the records, it appears more likely that Felipe became unfaithful as a result incapacitated to comply with the essential obligations of marriage. The conclusions
of unknown factors that happened during the marriage and not because of his family of the trial court regarding the credibility of the witnesses are entitled to great respect
background. His tendency to womanize was not shown to be due to causes of a because of its opportunity to observe the demeanor of the witnesses. Since the
psychological nature that are grave, permanent and incurable. In fact, it was only court a quo accepted the veracity of the petitioner's premises, there is no cause to
after thirteen (13) years of marriage that he started to engage in extra-marital affairs. dispute the conclusion of Felipe's psychological incapacity drawn from the expert
In the complaint filed by Mirasol, she said that after they got married, their witness. She claims that Montefalcon was correct in interviewing her for it was
relationship as husband and wife went smoothly and that she was of the belief that submitted that it was only her who knew best whether her husband was complying
she had a marriage made in heaven. with his marital obligations. Moreover, the OSG admits that personal examination of
the respondent by the clinical psychologist is not an indispensable requisite for a supervening disabling factor in the person, an adverse integral element in the
finding of psychological incapacity. personality structure that effectively incapacitates the person from really accepting
and thereby complying with the obligations essential to marriage.
On the other hand, the OSG argues that Mirasol failed to establish from the totality
of evidence the gravity, juridical antecedence and incurability of Felipe's alleged (6) The essential marital obligations must be those embraced by Articles 68 up to 71
Narcissistic Personality Disorder. The conclusions of the clinical psychologist that he of the Family Code as regards the husband and wife as well as Articles 220, 221 and
was psychologically incapacitated and that such incapacity was present at the 225 of the same Code in regard to parents and their children. x x x
inception of the marriage were not supported by evidence. At most, the psychologist
merely proved his refusal to perform his marital obligations. 14 Moreover, she has no (7) Interpretations given by the National Appellate Matrimonial Tribunal of the
personal knowledge of the facts from which she based her findings and was working Catholic Church in the Philippines, while not controlling or decisive, should be given
on pure assumptions and secondhand information related to her by one side. 15 great respect by our courts. x x x

Time and again, it was held that "psychological incapacity" has been intended by law (8) The trial court must order the prosecuting attorney or fiscal and the Solicitor
to be confined to the most serious cases of personality disorders clearly General to appear as counsel for the state. x x x
demonstrative of an utter insensitivity or inability to give meaning and significance
to the marriage.16 Psychological incapacity must be characterized by
xxx19
(a) gravity, i.e., it must be grave and serious such that the party would be incapable
of carrying out the ordinary duties required in a marriage, (b) juridical
antecedence, i.e., it must be rooted in the history of the party antedating the The existence or absence of the psychological incapacity shall be based strictly on
marriage, although the overt manifestations may emerge only after the marriage, and the facts of each case and not on a priori assumptions, predilections or
(c) incurability, i.e., it must be incurable, or even if it were otherwise, the cure generalizations.20
would be beyond the means of the party involved.17
As held in Ting v. Velez-Ting:21
In the case of Republic v. Court of Appeals and Molina,18 this Court laid down the
more definitive guidelines in the disposition of psychological incapacity cases, viz.: By the very nature of cases involving the application of Article 36, it is logical and
understandable to give weight to the expert opinions furnished by psychologists
x x xx regarding the psychological temperament of parties in order to determine the
root cause, juridical antecedence, gravity and incurability of the psychological
incapacity. However, such opinions, while highly advisable, are not conditions sine
(1) The burden of proof to show the nullity of the marriage belongs to the plaintiff.
qua non in granting petitions for declaration of nullity of marriage. At best, courts
Any doubt should be resolved in favor of the existence and continuation of the
must treat such opinions as decisive but not indispensable evidence in
marriage and against its dissolution and nullity. x x x
determining the merits of a given case. In fact, if the totality of evidence presented
is enough to sustain a finding of psychological incapacity, then actual medical or
(2) The root cause of the psychological incapacity must be (a) medically or clinically psychological examination of the person concerned need not be resorted to. The trial
identified, (b) alleged in the complaint, (c) sufficiently proven by experts and (d) court, as in any other given case presented before it, must always base its
clearly explained in the decision. x x x decision not solely on the expert opinions furnished by the parties but also on
the totality of evidence adduced in the course of the proceedings.22
(3) The incapacity must be proven to be existing at "the time of the celebration" of
the marriage. x x x The presentation of any form of medical or psychological evidence to show the
psychological incapacity, however, did not mean that the same would have
(4) Such incapacity must also be shown to be medically or clinically permanent automatically ensured the granting of the petition for declaration of nullity of
or incurable. Such incurability may be absolute or even relative only in regard to the marriage. It bears repeating that the trial courts, as in all the other cases they try,
other spouse, not necessarily absolutely against everyone of the same sex. x x x must always base their judgments not solely on the expert opinions presented by the
parties but on the totality of evidence adduced in the course of their proceedings.23
(5) Such illness must be grave enough to bring about the disability of the party to
assume the essential obligations of marriage. x x x In other words, there is a natal or
Guided by the foregoing principles and after a careful perusal of the records, this Question: In your expert opinion, what would be the likely source of the disorder of
Court rules that the totality of the evidence presented failed to establish Felipe's the respondent?
psychological incapacity.
Answer: The disorder of the respondent seemed to have developed during the
Clinical psychologist Montefalcon opined that respondent is encumbered with a early years of his life due to his poor parental and family [molding] particularly
personality disorder classified as Narcissistic Personality Disorder deeply ingrained lack of parental guidance. [His] parents separated when he was still young and
in his personality structure that rendered him incapacitated to perform his marital when [his] mother had another affair and lived with her common-law husband.
duties and obligations. In her direct testimony, she stated: Respondent's familial constellation and [unfavorable] childhood experiences have
greatly affected his perceptions of himself and his environment. Respondent did not
ATTY. BAYAUA: grow up mature enough to cope with his obligations and responsibilities as a married
man and father.
Question: Were you able to interview and conduct examination on the respondent?
x x x24
Answer: No, sir.
The RTC noticeably relied heavily on the result of the psychological evaluation by
Montefalcon. A perusal of the RTC's decision would reveal that there was no
Question: [W]here did you base your conclusion that supported your findings that
the husband of Mirasol is psychologically incapacitated to comply with the essential assessment of the veracity of such allegations, the credibility of the witnesses, and
obligations of marriage? the weight of the pieces of evidence presented. Also, there were no factual findings
which can serve as bases for its conclusion of Felipe's psychological incapacity.
Answer: From the interviews I had with the petitioner and also from my interview of
The presentation of expert proof in cases for declaration of nullity of marriage based
the couple's common friend who validated all information given to me by the
petitioner. on psychological incapacity presupposes a thorough and an in-depth assessment of
the parties by the psychologist or expert, for a conclusive diagnosis of a grave,
severe and incurable presence of psychological incapacity.25 The probative force of
Question: You mean to say you were not able to interview the respondent? the testimony of an expert does not lie in a mere statement of her theory or opinion,
but rather in the assistance that she can render to the courts in showing the facts
Answer: No sir. But I sent him an invitation to undergo the same psychological that serve as a basis for her criterion and the reasons upon which the logic of
evaluation I administered with the petitioner but he did not respond to my invitation. her conclusion is founded.26

Question: [W]hat relevant information were you able to gather from your interview Although the evaluation report of Montefalcon expounds on the juridical
of the friend of the couple? antecedence, gravity and incurability of Felipe's personality disorder, it was,
however, admitted that she evaluated respondent's psychological condition indirectly
Answer: She validated every piece of information relayed to me by the petitioner from the information gathered from Mirasol and her witness. Felipe's dysfunctional
during the interview. family portrait which brought about his personality disorder as painted in the
evaluation was based solely on the assumed truthful knowledge of petitioner. There
x x xx was no independent witness knowledgeable of respondent's upbringing interviewed
by the psychologist or presented before the trial court. Angelica Mabayad, the
couple's common friend, agreed with petitioner's claims in the interview with the
Question: Madam witness, were you able to determine at what point in time in the
psychologist, confirmed the information given by petitioner, and alleged that she
life of the respondent did he acquire this disorder that you mentioned?
knew Felipe as "chick boy" or ''playboy."27 She did not testify before the court a quo.

Answer: The disorder of the respondent already existed even at the time of
As such, there are no other convincing evidence asserted to establish Felipe's
celebration of their marriage, although the incapacity became manifest only after
psychological condition and its associations in his early life. Montefalcon's
their marriage. His disorder seemed to have started during the early years of his
testimony and psychological evaluation report do not provide evidentiary support to
life.
cure the doubtful veracity of Mirasol's one-sided assertion. The said report falls short
of the required proof for the Court to rely on the same as basis to declare petitioner's Answer: Sir, my relationship with respondent should have been ended had it not
marriage to respondent as void. been with the timely intervention of our parents. Respondent and I reconciled.

While the examination by a physician of a person in order to declare him x x xx

psychologically incapacitated is not required, the root cause thereof must still be
"medically or clinically identified," and adequately established by evidence. 28 We Question: Madam Witness as you said you finally got married with the respondent as
cannot take the conclusion that Felipe harbors a personality disorder existing prior to evidenced in fact by a Marriage Certificate. What happened next after the marriage?
his marriage which purportedly incapacitated him with the essential marital
obligations as credible proof of juridical antecedence. The manner by which such
Answer: After our wedding, our relationship as husband and wife went on smoothly.
conclusion was reached leaves much to be desired in terms of meeting the standard
I was of the belief that my marriage was made in heaven and that respondent had
of evidence required in determining psychological incapacity. The lack of
already reformed his ways and had completely deviated from his relationship with
corroborative witness and evidence regarding Felipe's upbringing and family history
his ex-girlfriend;
renders Montefalcon's opinion on the root cause of his psychological incapacity
conjectural or speculative.
x x x30
Even if the testimonies of Mirasol and Montefalcon at issue are considered since the
judge had found them to be credible enough, this Court cannot lower the evidentiary Question: After giving birth to your first child did respondent change or become
benchmark with regard to information on Felipe's pre-marital history which is crucial responsible considering that he is already a father?
to the issue of antecedence in this case because we only have petitioner's words to
rely on. To make conclusions and generalizations on a spouse's psychological Answer: No, Sir. I thought that having our first child would already change the ways
condition based on the information fed by only one side, as in the case at bar, is, to of respondent. The birth of our first child did not actually help improve respondent's
the Court's mind, not different from admitting hearsay evidence as proof of the ways because respondent is really a man who is not contented with one woman even
truthfulness of the content of such evidence.29 before we got married;

Anent Felipe's sexual infidelity, Mirasol alleged in her judicial affidavit, to wit: xxx31

x x xx Question: After you gave birth to you[r] second child what happened next Madam
Witness?
Question: You said Madam Witness that after several months you and respondent
became sweethearts, what happened next Madam Witness? Answer: Sir, after thirteen (13) years of marriage, respondent is back to his old habit
where he has been seen having relationship with a different woman. This was also
Answer: Sir, while we were already sweethearts, I got dismayed when respondent seen by our relatives and friends of respondent.
was also maintaining another woman who was his former girlfriend.
x xx32
Question: What was the reaction of the respondent when you told him about his
relation with his former girlfriend? Irreconcilable differences, sexual infidelity or perversion, emotional immaturity and
irresponsibility and the like, do not by themselves warrant a finding of psychological
Answer: Respondent was shocked and became moody Sir. This turned our incapacity under Article 36, as the same may only be due to a person's refusal or
relationship sour and it led to being stormy. unwillingness to assume the essential obligations of marriage.33 In order for sexual
infidelity to constitute as psychological incapacity, the respondent's unfaithfulness
must be established as a manifestation of a disordered personality, completely
Question: You said Madam Witness that you and respondent's relationship became
preventing the respondent from discharging the essential obligations of the
sour and stormy, what happened next, if any?
marital state; there must be proof of a natal or supervening disabling factor that
effectively incapacitated him from complying with the obligation to be faithful to his
spouse.34 It is indispensable that the evidence must show a link, medical or the like,
between the acts that manifest psychological incapacity and the psychological G.R. No. 166441 October 8, 2014
disorder itself.35
NORBERTO CRUZ y BARTOLOME, Petitioner,
As discussed, the findings on Felipe's personality profile did not emanate from a vs.
personal interview with the subject himself. Apart from the psychologist's opinion PEOPLE OF THE PHILIPPINES, Respondent.
and petitioner's allegations, no other reliable evidence was cited to prove that Felipe's
sexual infidelity was a manifestation of his alleged personality disorder, which is DECISION
grave, deeply rooted, and incurable. We are not persuaded that the natal or
supervening disabling factor which effectively incapacitated him from complying
BERSAMIN, J.:
with his obligation to be faithful to his wife was medically or clinically established.
The intent of the offender to lie with the female defines the distinction between
Basic is the rule that bare allegations, unsubstantiated by evidence, are not equivalent attempted rape and acts of lasciviousness. The felony of attempted rape requires such
to proof, i.e., mere allegations are not evidence.36 Based on the records, this Court intent; the felony of acts of lasciviousness does not. Only the direct overt acts of the
finds that there exists insufficient factual or legal basis to conclude that Felipe's
offender establish the intent to lie with the female. However, merely climbing on top
sexual infidelity and irresponsibility can be equated with psychological incapacity as
of a naked female does not constitute attempted rape without proof of his erectile
contemplated by law. We reiterate that there was no other evidence adduced. Aside
penis being in a position to penetrate the female's vagina.
from the psychologist, petitioner did not present other witnesses to substantiate her
allegations on Felipe's infidelity notwithstanding the fact that she claimed that their
relatives saw him with other women. Her testimony, therefore, is considered self- The Case
serving and had no serious evidentiary value.
This appeal examines the decision promulgated on July 26, 2004, 1 whereby the
In sum, this Court finds no cogent reason to reverse the ruling of the CA against the Court of Appeals (CA) affirmed the conviction for attempted rape of the petitioner
dissolution and nullity of the parties' marriage due to insufficiency of the evidence by the Regional Trial Court, Branch 34, in Balaoan, La Union (RTC), and imposing
presented. The policy of the State is to protect and strengthen the family as the basic on him the indeterminate penalty of imprisonment of four (4) years and two (2)
social institution and marriage is the foundation of the family. Thus, any doubt months of prision correccional, as minimum, to ten (10) years of prision mayor, as
should be resolved in favor of validity of the marriage. 37 maximum, and ordering him to pay moral damages of ₱20,000.00 to AAA, 2 the
victim.
WHEREFORE, we DENY the petition for review on certiorari filed by herein
petitioner Mirasol Castillo. Accordingly, we AFFIRM the assailed Decision and Antecedents
Resolution, dated March 10, 2014 and August 28, 2014, respectively, of the Court of
Appeals. The petitioner was charged in the RTC with attempted rape and acts of
lasciviousness involving different victims. At arraignment, he pleaded not guiltyto
SO ORDERED. the respective informations, to wit: Criminal Case No. 2388

DIOSDADO M. PERALTA Attempted Rape

Associate Justice
That on or about the 21st day of December 1993, at about 2:00 o'clock in the
WE CONCUR: morning, along the Bangar-Luna Road, Barangay Central West No. 2, Municipality
of Bangar,Province of La Union, Philippines and within the jurisdiction of this
Honorable Court, said accused, did then and there willfully, unlawfully and
Republic of the Philippines
feloniously and by means of force and intimidation commenced the commission
SUPREME COURT ofrape directly byovert acts, to wit: While private complainant AAA, an unmarried
Manila woman, fifteen (15) yearsold, was sleeping inside the tentalong Bangar-Luna Road,
the said accused remove her panty and underwear and lay on top of said AAA
FIRST DIVISION embracing and touching her vagina and breast with intent of having carnal
knowledge of her by means of force, and if the accused did not accomplish his Norberto was not able to pursue his lustful desires. Norberto offered her money and
purpose that is to have carnal knowledge of the said AAA it was not because of his told her not totell the incident to her mother otherwise, she will be killed. AAA went
voluntary desistance but because the said offended party succeeded in resisting the out of the tent to seek help from Jess (the house boy) but she failed to wake him up.
criminal attempt of said accused to the damage and prejudice of said offended party.
Thirty minutes later, when AAA returned to their tent, she saw Norberto touching the
CONTRARY TO LAW.3 private parts of BBB. AAA saw her companion awake but her hands wereshaking.
When she finally entered the tent, Norberto left and went outside.
Criminal Case No. 2389
Acts of Lasciviousness Later that day, AAA and BBB narrated to Jess the incident that took place that early
morning. Later still, while they were on their way to fetch water, AAA and BBB
That on or about the 21st day of December 1993, at about 3:00 o’clock in the asked the people around where they can find the municipal building. An old woman
morning, along the Bangar-Luna Road, Barangay Central West No. 2, Municipality pointed to them the place.
of Bangar, Province of La Union, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused with lewd design, did then and there In the evening of December 21, 1993, AAA and BBB went straight to the municipal
willfully, unlawfully and feloniously touch the vagina of [BBB] 4 against the latter’s hall where they met a policeman by the name of "Sabas".
will and with no other purpose but to satisfy his lascivious desire to the damage and
prejudice of said offended party. They told Sabas the sexual advances made to them by Norberto. Norberto was
summoned to the police station where he personally confronted his accusers. When
CONTRARY TO LAW.5 Norberto’s wife, Belinda, arrived at the police station, an argument ensued between
them.
Version of the Prosecution
On December 22, 1993, at around 2:20 o’clock in the morning, the police
The CA summarized the version of the Prosecution as follows: 6 investigator ordered the complainants to return at6:00 o’clock in the morning.
Norberto and Belinda were still able to bring AAA and BBB home with them and
worked for them until December 30, 1994, after which they were sent back to
x x x [Petitioner] Norberto Bartolome and [his wife] Belinda Cruz were engaged in
Lingayen, Pangasinan.
the selling of plastic wares and glass wares in different municipalities around the
country. On December 20, 1993, Norberto and Belinda employed AAA and BBB to
help them in selling their wares in Bangar, La Union which was then celebrating its On January 10, 1994, AAA and BBB went back to La Union and executed their
fiesta. From Libsong East, Lingayen, Pangasinan to Bangar, La Union, AAA and respective sworn statements against Norberto.
BBB boarded a passenger jeepney owned by Norberto. The young girls were
accompanied by Norberto, Belinda, Ruben Rodriguez (driver) and a sales boy by the Version of the Defense
name of "Jess".
The petitioner denied the criminal acts imputed to him. His version was presented in
Upon reaching Bangar, La Union, at around 8:00 in the evening of December 20, the assailed decision of the CA,7 as follows:
1993, they parked in front of Maroon enterprises. They brought out all the goods and
wares for display. Two tents were fixed in order that they will have a place to sleep. In a bid to exculpate himself, accused-appellant presents a totally different version of
Belinda and the driver proceeded to Manila in order to get more goods to be sold. the story. The accused maintains that it was not possible for him to commit the
crimes hurled against him. On the date of the alleged incident, there were many
On December 21, 1993, at around 1:00 o’clock in the morning, AAA and BBB went people around who were preparing for the "simbang gabi". Considering the location
to sleep. Less thanan hour later, AAA was awakened when she felt that somebody of the tents, which were near the road and the municipal hall, he could not possibly
was on top of her. Norberto was mashing her breast and touching her private part. do the dastardly acts out in the open, not to mention the fact that once AAA and
AAA realized that she was divested of her clothing and that she was totally naked. BBB would scream, the policemen in the municipal hall could hear them. He
Norberto ordered her not to scream or she’ll be killed. AAA tried to push Norberto believes that the reason why the complainants filed these cases against him was
away and pleaded to have pity on her but her pleas fell on deaf ears. She fought back solely for the purpose of extorting money from him.
and kicked Norberto twice.
 Judgment of the RTC Under Article 51 of the Revised Penal Code, the penalty for an attempted felony is
the "penalty lower by two (2) degrees" prescribed by law for the consummated
After the joint trial of the two criminal cases, the RTC rendered its judgment on felony. In this case, the penalty for rape if it had been consummated would have been
April 6, 2000 finding the petitioner guilty beyond reasonable doubt of attempted rape reclusion perpetuapursuant to Article 335 of the Revised Penalty Code, as amended
in Criminal Case No. 2388 and acts of lasciviousness in Criminal Case No. 2389, 8 to by Republic Act No. 7659. The penalty two degrees lower than reclusion perpetuais
wit: prision mayor.

WHEREFORE, in the light of the foregoing, the Court hereby renders judgment Applying the Indeterminate Sentence Law, the maximum term of the penalty shall be
declaring the accused NORBERTO CRUZ Y BARTOLOME guilty beyond the medium period of prision mayorin the absence of any mitigating or aggravating
reasonable doubt of the crimes of ATTEMPTED RAPE and ACTS OF circumstance and the minimum shall be within the range of the penalty nextlower to
LASCIVIOUSNESS as defined and penalized in Article 335 in relation with (sic) that prescribed for the offense which in this case is prision correccionalin any of its
Article 6, par. 3 and Article 336 of the Revised Penal Code respectively. With periods.
respect to the crime of ATTEMPTED RAPE, the Court hereby sentences the accused
to suffer an indeterminate penalty of imprisonment from FOUR (4) YEARS and We also find that the trial court correctly assessed the amount of ₱20,000.00 by way
TWO (2) MONTHS PRISION CORRECCIONAL as Minimum to TEN (10) of moral damages against the accused-appellant. In a rape case, moral damages may
YEARS PRISION MAYOR as Maximum and the accessory penalties provided for be awarded without the need of proof or pleading since it is assumed that the private
by law and to pay the victim AAA the amount of ₱20,000.00 as moral damages. complainant suffered moral injuries, more so, when the victim is aged 13 to 19.

With regard to the crime ofACTS OF LASCIVIOUSNESS, the Court hereby Insofar as the crime of acts of lasciviousness committed against BBB, the accused
sentences the accused to suffer an indeterminate penalty of imprisonment from argues that there is not enough evidence to support such accusation. BBB did not
FOUR (4) MONTHS ARRESTO MAYOR as Minimum to FOUR (4) YEARS and testify and neither her sworn statement was formally offered in evidence to support
TWO (2) MONTHS PRISION CORRECCIONAL as Maximum and the accessory the charge for acts of lasciviousness.
penalties provided for by law, and to pay the victim BBBthe amount of ₱10,000.00
as moral damages. In this case, the evidence adducedby the prosecution is insufficient to substantiate the
charge of acts of lasciviousness against the accusedappellant. The basis of the
The preventive imprisonment suffered by the accused by reason of the two cases is complaint for acts of lasciviousness is the sworn statement of BBB to the effectthat
counted in his favor. the accused-appellant likewise molested her by mashing her breast and touching her
private part. However, she was not presented to testify. While AAA claims that she
SO ORDERED.9 personally saw the accused touching the private parts of BBB, there was no
testimony to the effect that suchlascivious acts were without the consent or against
the will of BBB.11
Decision of the CA

On appeal, the petitioner contended that the RTC gravely erred in convicting him of Issues
attempted rape despite the dubious credibility of AAA, and of acts of lasciviousness
despite the fact that BBB did not testify. In this appeal, the petitioner posits that the CA’s decision was not in accord with law
or with jurisprudence, particularly:
On July 26, 2004, the CA promulgated its decision affirming the conviction of the
petitioner for attempted rape in Criminal Case No. 2388, but acquitting him of the I. In giving credence to the incredulous and unbelievable testimony of the
acts of lasciviousness charged in Criminal Case No. 2389 due to the insufficiency of alleged victim; and
the evidence,10 holding thusly:
II. In convicting the accused notwithstanding the failure of the prosecution
In sum, the arguments of the accused-appellant are too puerile and inconsequential as to prove the guilt of the petitioner beyond reasonable doubt.
to dent, even slightly, the overall integrity and probative value of the prosecution's
evidence insofar as AAA is concerned. Anent the first issue, the petitioner assails the behavior and credibility of AAA. He
argues that AAA still continued working for him and his wife until December 30,
1994 despite the alleged attempted rape in the early morning of December 21, 1994, perform all the acts of execution which should produce the felony by reason of some
thereby belying his commission of the crime against her; that he could not have cause or accident other than this own spontaneous desistance. In People v.
undressed her without rousing her if she had gone to sleep only an hour before, Lamahang,14 the Court, speaking through the eminent Justice Claro M.Recto,
because her bra was locked at her back; that her testimony about his having been on eruditely expounded on what overt acts would constitute anattempted felony, to wit:
top of her for nearly an hour while they struggled was also inconceivable unless she
either consented to his act and yielded to his lust, or the incident did not happen at It is our opinion that the attempt to commit an offense which the Penal Code
all, being the product only of her fertileimagination; that the record does not indicate punishes is that which has a logical relation to a particular, concrete offense; that,
if he himself was also naked, or that his penis was poised to penetrate her; and that which is the beginning of the execution of the offense by overt acts of the
she and her mother demanded from him ₱80,000.00 as settlement, under threat that perpetrator, leading directly to its realization and consummation. The attempt to
she would file a case against him.12 commit an indeterminate offense, inasmuch as its nature in relation to its objective is
ambiguous, is not a juridical fact from the standpoint of the Penal Code. xxxx But it
On the second issue, the petitioner assails the glaring inconsistencies in the testimony is not sufficient, for the purpose of imposing penal sanction, that an act objectively
of AAA that cast doubt on her veracity. performed constitute a mere beginning of execution; it is necessary to establish its
unavoidable connection, like the logical and natural relation of the cause and its
Ruling of the Court effect, with the deed which, upon its consummation, will develop into one of the
offenses defined and punished by the Code; it is necessary to prove that said
beginning of execution, if carried to its complete termination following its natural
The appeal is partly meritorious.
course, without being frustrated by external obstacles nor by the voluntary desistance
of the perpetrator, will logically and necessarily ripen into a concrete offense. x x x
In an appeal under Rule 45 of the Rules of Court,13 the Court reviews only questions x.
of law. No review of the findings of fact by the CA is involved. As a consequence of
thisrule, the Court accords the highest respect for the factual findings of the trial
"It must be borne in mind (I Groizard, p. 99) that in offenses not consummated, as
court, its assessment of the credibility of witnesses and the probative weight of their
the material damage iswanting, the nature of the action intended (accion fin) cannot
testimonies and the conclusions drawn from its factual findings, particularly when
they are affirmed by the CA. Judicial experience has shown, indeed, that the trial exactly be ascertained, but the same must be inferred from the nature of the acts of
execution (accion medio). Hence, the necessity that these acts be such that by their
courts are in the best position to decideissues of credibility of witnesses, having
very nature, by the facts to which they are related, by the circumstances of the
themselves heard and seen the witnesses and observed firsthand their demeanor and
persons performing the same, and by the things connected therewith, they must show
deportment and the manner of testifying under exacting examination. As such, the
without any doubt, that they are aimed at the consummation of a crime. Acts
contentionsof the petitioner on the credibility of AAA as a witness for the State
cannot beentertained. He thereby raises questions of fact that are outside the scope of susceptible of double interpretation, that is, in favor as well as against the culprit, and
this appeal. Moreover, he thereby proposes to have the Court, which is not a trier of which show an innocent aswell as a punishable act, must not and cannot furnish
grounds by themselves for attempted or frustrated crimes. The relation existing
facts, review the entire evidence adduced by the Prosecution and the Defense.
between the facts submitted for appreciation and the offense of which said facts are
supposed to produce must be direct; the intention must be ascertainedfrom the facts
Conformably with this limitation, our review focuses only on determining the and therefore it is necessary, in order to avoid regrettable instance of injustice, that
question of law of whether or not the petitioner’s climbing on top of the undressed the mind be able to directly infer from them the intention of the perpetrator to cause
AAA such thatthey faced each other, with him mashing her breasts and touching her a particular injury. This must have been the intention of the legislator in requiring
genitalia with his hands, constituted attempted rape, the crime for which the RTC that in order for an attempt to exist, the offender must commence the commission of
and the CA convicted and punished him. Based on the information, supra, he the felony directly by overt acts, that is to say, that the acts performed must be such
committed such acts "with intent of having carnal knowledge ofher by means of that, withoutthe intent to commit an offense, they would be meaningless." 15
force, and if the accused did not accomplish his purpose that is to have carnal
knowledge of the said AAA it was not because of his voluntary desistance but
because the said offended party succeeded in resisting the criminal attempt of said To ascertain whether the acts performed by the petitioner constituted attempted rape,
we have to determine the law on rape in effect on December 21, 1993, when the
accused to the damage and prejudice of said offended party."
petitioner committed the crime he was convicted of. That law was Article 335 of the
Revised Penal Code, which pertinently provided as follows:
There is an attempt, according to Article 6 of the Revised Penal Code, when the
offender commences the commission of a felony directly by overt acts, and does not
Article335. When and how rape is committed. — Rape is committed by having of the pudendumby the penis, there can be no consummated rape; at most, it can only
carnal knowledge of a woman under any of the following circumstances: be attempted rape, if not acts of lasciviousness. [Bold emphasis supplied]

1. By using force or intimidation; It is noteworthy that in People v. Orita,19 the Court clarified that the ruling in People
v. Eriñia20 whereby the offender was declared guilty of frustrated rapebecause of
2. When the woman is deprived ofreason or otherwise unconscious; and lack of conclusive evidence of penetration of the genital organ of the offended party,
was a stray decisionfor not having been reiterated in subsequent cases. As the
3. When the woman is under twelve years of age, even though neither of the evolving case law on rape stands, therefore, rape in its frustrated stage is a physical
impossibility, considering that the requisites of a frustrated felony under Article 6 of
circumstances mentioned in the two next preceding paragraphs shall be
the Revised Penal Codeare that: (1) the offender has performed all the acts of
present.
execution which would produce the felony; and (2) that the felony is not produced
due to causes independent of the perpetrator’s will. Obviously, the offender attains
xxxx his purpose from the moment he has carnal knowledge of his victim, because from
that moment all the essential elements of the offense have been accomplished,
The basic element of rape then and now is carnal knowledge of a female. Carnal leaving nothing more to be done by him.21
knowledge isdefined simply as "theact of a man having sexual bodily connections
with a woman,"16 which explains why the slightest penetration of the female Nonetheless, rape admits of an attempted stage. In this connection, the character of
genitalia consummates the rape. In other words, rape is consummated once the the overt actsfor purposes of the attempted stage has been explained in People v.
peniscapable of consummating the sexual act touches the external genitalia of the Lizada:22
female.17 In People v. Campuhan,18 the Court has defined the extent of "touching" by
the penis in rape in the following terms:
An overt or external act is defined as some physical activity or deed, indicating the
intention to commit a particular crime, more than a mere planning or preparation,
[T]ouching when applied to rape cases does not simply mean mere epidermal which if carried out to its complete termination following its natural course, without
contact, stroking or grazing of organs, a slight brush or a scrape of the penis on the being frustrated by external obstacles nor by the spontaneous desistance of the
external layer of the victim’s vagina, or the mons pubis, as in this case. There must perpetrator, will logically and necessarily ripen into a concrete offense. The raison
be sufficient and convincing proof that the penis indeedtouched the labias or slid into d’etrefor the law requiring a direct overtact is that, in a majority of cases, the conduct
the female organ, and not merely stroked the external surface thereof, for an accused of the accused consisting merely of acts of preparation has never ceased to be
to be convicted of consummated rape. As the labias, which are required to be equivocal; and this is necessarily so, irrespective of his declared intent. It is that
"touched" bythe penis, are by their natural situsor location beneath the mons pubisor quality of being equivocal that must be lacking before the act becomes one which
the vaginal surface, to touch them with the penis is to attain some degree of may be said to be a commencement of the commission of the crime, or an overt act
penetration beneath the surface, hence, the conclusion that touching the labia majora or before any fragment of the crime itself has been committed, and this is so for the
or the labia minora of the pudendum constitutes consummated rape. reason that so long as the equivocal quality remains, no one can say with certainty
what the intent of the accused is.It is necessary that the overt act should have been
The pudendumor vulvais the collective term for the female genital organs that are the ultimate step towards the consummation of the design. It is sufficient if it was the
visible in the perineal area, e.g., mons pubis, labia majora, labia minora, the hymen, "first or some subsequent step in a direct movement towards the commission of the
the clitoris, the vaginal orifice, etc. The mons pubisis the rounded eminence that offense after the preparations are made." The act done need not constitute the last
becomes hairy after puberty, and is instantly visible within the surface. The next proximate one for completion. It is necessary, however, that the attempt must have a
layer is the labia majoraor the outer lips of the female organ composed of the outer causal relation to the intended crime. In the words of Viada, the overt acts must have
convex surface and the inner surface. The skin of the outer convex surface is covered an immediate and necessary relation to the offense. (Bold emphasis supplied)
with hair follicles and is pigmented, while the inner surface is a thin skin which does
not have any hair but has many sebaceous glands. Directly beneath the labia majorais In attempted rape, therefore, the concrete felony is rape, but the offender does not
the labia minora. Jurisprudence dictates that the labia majoramust be entered for rape perform all the acts of execution of having carnal knowledge. If the slightest
to be consummated, and not merely for the penis to stroke the surface of the female penetration of the female genitalia consummates rape, and rape in its attempted stage
organ. xxxx Thus, a grazing of the surface of the female organ or touching the mons requires the commencement of the commission of the felony directly by overt
pubisof the pudendum is not sufficient to constitute consummated rape. Absent any actswithout the offender performing all the acts of execution that should produce the
showing of the slightest penetration of the female organ, i.e., touching of either labia felony, the only means by which the overt acts performed by the accused can be
shown to have a causal relation to rape as the intended crime is to make a clear vagina by the penis is coupled with the intent to penetrate. The intent to penetrate is
showing of his intent to lie with the female. Accepting that intent, being a mental act, manifest only through the showing of the penis capable of consummating the sexual
is beyond the sphere of criminal law,23 that showing must be through his overt acts act touching the external genitalia of the female.30 Without such showing, only the
directly connected with rape. He cannot be held liable for attempted rape felony of acts of lasciviousness is committed.31
withoutsuch overt acts demonstrating the intent to lie with the female. In short, the
State, to establish attempted rape, must show that his overt acts, should his Based on Article 336 of the Revised Penal Code, the felony of acts of lasciviousness
criminalintent be carried to its complete termination without being thwarted by is consummated whenthe following essential elements concur, namely: (a) the
extraneous matters, would ripen into rape,24 for, as succinctly put in People v. offender commits any act of lasciviousness or lewdness upon another person of
Dominguez, Jr.:25 "The gauge in determining whether the crime of attempted rape either sex; and (b) the act of lasciviousness or lewdness is committed either (i) by
had been committed is the commencement of the act of sexual intercourse, i.e., using force or intimidation; or (ii) when the offended party is deprived ofreason or is
penetration of the penis into the vagina, before the interruption." otherwise unconscious; or (iii) when the offended party is under 12 years of age. 32 In
that regard, lewdis defined as obscene, lustful, indecent, lecherous; it signifies that
The petitioner climbed on top of the naked victim, and was already touching her form of immorality that has relation to moral impurity; or that which is carried on a
genitalia with his hands and mashing her breasts when she freed herself from his wanton manner.33
clutches and effectively ended his designs on her. Yet, inferring from such
circumstances thatrape, and no other,was his intended felony would be highly The information charged that the petitioner "remove[d] her panty and underwear and
unwarranted. This was so, despite his lust for and lewd designs towards her being la[id] on top of said AAA embracing and touching her vagina and breast." With such
fully manifest. Such circumstances remained equivocal, or "susceptible of double allegation of the information being competently and satisfactorily proven beyond a
interpretation," as Justice Recto put in People v. Lamahang, supra, such that it was reasonable doubt, he was guilty only of acts of lasciviousness, not attempted rape.
not permissible to directly infer from them the intention to cause rape as the His embracing her and touching her vagina and breasts did not directly manifest his
particular injury. Verily, his felony would not exclusively be rapehad he been intent to lie with her. The lack of evidence showing his erectile penis being in the
allowed by her to continue, and to have sexual congress with her, for some other position to penetrate her when he was on top of her deterred any inference about his
felony like simple seduction (if he should employ deceit to have her yield to intent to lie with her. At most, his acts reflected lewdness and lust for her.
him)26 could also be ultimate felony.
The intent to commit rape should not easily be inferred against the petitioner, even
We clarify that the direct overt acts of the petitioner that would have produced from his own declaration of it, if any, unless he committed overt acts directly leading
attempted rape did not include equivocal preparatory acts. The former would have to rape. A good illustration of this can be seen in People v. Bugarin, 34 where the
related to his acts directly connected to rape as the intended crime, but the latter, accused was charged with attempted rape through an information alleging that he, by
whether external or internal, had no connection with rape as the intended crime. means of force and intimidation, "did then and there willfully, unlawfully and
Perforce, his perpetration of the preparatory acts would not render him guilty of an feloniously commence the commission of the crime of Rape directly by overt acts,
attempt to commit such felony.27 His preparatory acts could include his putting up of by then and there kissing the nipples and the vagina of the undersigned
the separate tents, with one being for the use of AAA and BBB, and the other for [complainant], a minor, and about to lay on top of her, all against her will, however,
himself and his assistant, and his allowing his wife to leave for Manila earlier that [he] did not perform all the acts of execution which would have produced the crime
evening to buy more wares. Such acts, being equivocal, had no direct connection to of Rape by reason of some causes other than his own spontaneous desistance, that is,
rape. As a rule, preparatory acts are not punishable under the Revised Penal Codefor undersigned complainant push[ed] him away." The accused was held liable only for
as long as they remained equivocal or of uncertain significance, because by their acts of lasciviousness because the intent to commit rape "is not apparent from the
equivocality no one could determine with certainty what the perpetrator’s intent actdescribed," and the intent to have sexual intercourse with her was not inferable
really was.28 from the act of licking her genitalia. The Court also pointed out that the "act imputed
to him cannot be considered a preparatory act to sexual intercourse." 35
If the acts of the petitioner did not constitute attempted rape, did they constitute acts
of lasciviousness? Pursuant to Article 336 of the Revised Penal Code, the petitioner, being guilty of acts
of lasciviousness, is punished with prision correccional. In the absence of modifying
It is obvious that the fundamental difference between attempted rape and acts of circumstances, prision correccional is imposed in its medium period, which ranges
lasciviousness is the offender’sintent to lie with the female. In rape, intent to lie with from two (2) years, four (4) months and one day to four (4) years and two (2)
the female is indispensable, but this element is not required in acts of months. Applying the Indeterminate Sentence Law, the minimum of the penalty
lasciviousness.29 Attempted rape is committed, therefore, when the "touching" of the should come from arresto mayor, the penalty next lower than prision
correccionalwhich ranges from one (1) month to six (6) months. Accordingly, the
Court fixes the indeterminate sentence of three (3) months of arresto mayor, as the
minimum, to two (2) years, four (4) months and one day of prision correccional, as
the maximum.

In acts of lasciviousness, the victim suffers moral injuries because the offender
violates her chastity by his lewdness.1âwphi1 "Moral damages include physical
suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded
feelings, moral shock, social humiliation, and similar injury. Though incapable of
pecuniary computation, moral damages may be recovered if they are the proximate
result of the defendant's wrongful act for omission." 36 Indeed, Article 2219, (3), of
the Civil Code expressly recognizes the right of the victim in acts of lasciviousness
to recover moral damages.37 Towards that end, the Court, upon its appreciation of the
record, decrees that ₱30,000.00 is a reasonable award of moral damages. 38 In
addition, AAA was entitled to recover civil indemnity of ₱20,000.00. 39

Under Article 2211 of the Civil Code, the courts are vested with the discretion to
impose interest as a part of the damages in crimes and quasidelicts. In that regard, the
moral damages of ₱20,000.00 shall earn interest of 6% per annum reckoned from the
finality of this decision until full payment.40

WHEREFORE, the Court FINDS and PRONOUNCES petitioner NORBERTO

CRUZ y BARTOLOME guilty of ACTS OF LASCIVIOUSNESS, and,
ACCORDINGLY, PENALIZES him with the indeterminate sentence of three (3)
months of arresto mayor, as the minimum, to two (2) years, four (4) months and one
day of prision correccional, as the maximum; ORDERS him to pay moral damages
of ₱30,000.00 and civil indemnity of ₱20,000.00 to the complainant, with interest of
6% per annum on such awards reckoned from the finality of this decision until full
payment; and DIRECTS him to pay the costs of suit.

SO ORDERED.