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Case Analysis
PEOPLE OF THE PHILIPPINES v. ARVIN BABULON

GR No. 174473, 17 August 2007, Tinga, J. (En Banc)

Online source:

https://web.facebook.com/157427374415538/posts/distinctions-between-
rape-through-sexual-intercourse-and-rape-by-sexual-
assault-/172031816288427/?_rdc=1&_rdr

FACTS:

In view of the material difference between the two modes of rape, the first
mode (rape by sexual intercourse) is not necessarily included in the second
(rape by sexual assault) and vice-versa.

AAA is the oldest of five children born to Arvin Babulon and BBB. On three
consecutive days on March 1999, Babulon raped her eldest daughter AAA,
whom was only 13 years old at that time. The first rape incident happened
when AAA was at home sleeping right next to her very own mother and her
sister. She was suddenly awakened by the weight of her drunk father lying
naked on top of her. He was holding a knife and poked it to AAA’s wrist
then threatened to kill her and her siblings if she told the incident to anyone.
AAA begged her father to stop but he continued to kiss her mouth, vagina
and breast, and to have carnal knowledge of her AAA’s siblings, who were
awake at that moment, could do nothing but cry as they were also
threatened with a knife. The following morning, AAA found a whitish
substance and blood stains on her panty.

The incident was repeated by the following day. On the third incident, the
accused this time, did not insert his penis into AAA’s vagina. He took off her
lower undergarments and kissed her vagina. AAA said that he inserted his
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tongue into the hole of her vagina and felt the pain because of what her
father did to her.

The mother, BBB, was entirely unaware of the incident until the brother of
AAA who witnesses the incident told her about it. BBB then took AAA with
her to the barangay and police authorities to report the incidents, and later
to the provincial hospital for medical examination.

On June 1999, 3 separate information were filed charging the accused of

QUALIFIED RAPE. He then set up the defenses of alibi and denial of the
charges.

The Regional Trial Court (RTC) found him guilty beyond reasonable doubt
of two counts of qualified rape and one count of acts of lasciviousness.

ISSUE:

Whether or not Arvin Babulon should be held guilty for three counts
of qualified rape as charged and not only acts of lasciviousness as to the
third charge.

RULING:

The more important issue at hand is the determination of the crime for which the
accused under the third charge is liable. RTC held that it was clear from the
evidence that Babulon merely kissed the vagina of AAA and made no attempt of
penetration and for that reason found him guilty of acts of lasciviousness only.

On the other hand, held that AAA did not categorically testify that he had inserted
his tongue in her vagina, therefore the accused cannot be found guilty of rape.
However, the Court held that the two counts below were both mistaken, as AAA
unqualifiedly testified on cross-examination to the insertion of his tongue into her
vagina. Be as it may, the Court still found him guilty of only acts of lasciviousness
taking a route different from that of the RTC and CA.

The differences between the two modes of committing rape are the following:
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1. In the first mode, the offender is always a man, while in the second, the
offender may be a man or a woman;

2. In the first mode, the offended party is always a woman, while in the second,
the offended party may be a man or a woman;

3. In the first mode, Rape is committed through penile penetration of the vagina,
while the second is committed by inserting the penis into another person’s
mouth or anal orifice, or any instrument or object into the genital or anal orifice
of another person; and

4. The penalty of Rape under the first mode is higher than that under the
second.

In view of the material difference between the two modes of rape, the first mode
is not necessarily included in the second, and vice-versa. Thus, Babulon cannot
be found guilty of rape by sexual assault although it was proven, as the charge
against him is rape through carnal knowledge. Otherwise there will be a
violation of his constitutional right to be informed of the nature and cause of the
accusation against him.

However, following the variance doctrine embodied in Section 4, In relation to

Section 5, Rule 120, Rules of Criminal Procedure, appellant can be found guilty
of the lesser crime of acts of lasciviousness. Section 4 states that “when there is
a variance between the offense charged in the complaint or information and that
proved and the offense as charged is included in or necessarily includes the
offense proved, the accused shall be convicted of the offense proved which is
included in the offense charged, or of the offense charged which is included in
the offense proved.” Section 5 gives the test on determining when an offense
includes or is included in another. It is when some of the essential elements or
ingredients of the former constitutes the latter. Applying it in the instant case,
the offense proved, which constitute acts of lasciviousness, is necessarily
included in the offense charged which is qualified rape.
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REFLECTION

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1. What is the most important thing you learned from doing this project?

Doing a case analysis

about Anti-rape Law
made me realize the
importance of being
knowledgeable about
laws. Rape is a
crime which does not
only take violence
someone for the
moment, but it shatters their entire life. Most women never fully recover from
being a victim of rape. It is something that no one should take lightly. The life of
a rape victim will forever be different, some break and some become a stronger
person. In AAA’s case, as a 13-year old girl, it is too tough for her to manage
such incident and it will scar her for life. Analysing the incidents, it is very
important to know where to go, what to do to report the incident, and knowing
the appropriate offenses. Also, rape incidents can be difficult to determine if
there is dishonesty. But what’s more difficult is if the witnesses or the victims do
not know how to state what happened and what exactly they have to tell in
order for the offense to be weighted more. Pertaining to the case, I have
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learned that rape is not just a sex rape, it is violence. All the details should then
be stated to have justice whom the victim deserves. As much as how I wanted
Babulon to suffer and be guilty for all the 3 accounts of qualified rape, the law
knows more and It is not to be forced when it is only an act of lasciviousness. In
view of the material difference between the two modes of rape, the first mode is
not necessarily included in the second, and vice-versa. Thus, Babulon cannot
be found guilty of rape by sexual assault although it was proven, as the charge
against him is rape through carnal knowledge. Babulon as the appellant,
deserved to be held guilty for 3 accounts of rape because what he did to her
daughter, AAA was violent and sexual. However, there are two different terms
which are “rape” and “sexual assault” that are used to distinct the offenses from
each other. Rape is when a person intentionally penetrates another's vagina,
anus or mouth with a penis, without the other person's consent. Assault by
penetration is when a person penetrates another person's vagina or anus with
any part of the body other than a penis, or by using an object, without the
person's consent. Generally, the overall definition of sexual or indecent assault
is an act of physical, psychological and emotional violation in the form of a
sexual act, inflicted on someone without their consent. It can involve forcing or
manipulating someone to witness or participate in any sexual acts. Therefore,
the analysis brought me into a realization that rape is not all about penetration,
violence causing injury, it is actually about the absence of consent.

2. How will I use what I’ve learned in the future?

In the future, using my knowledge about the Anti-rape law, I will be more
vigilant and take up my citizenry duty to protect persons from harm. If I am
aware of any on-going cases of commercial sexual exploitation, I will report to
the relevant authorities. It is very important to voice out. No matter how long ago
the case happened, the offender should be held accountable for the crime they
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did. I will forever put in mind that although it is not about penetration, as long as
it involves sexual acts without consents, it should be reported to make the
criminal suffer. Moreover, my knowledge will always be used to share it to
others and as a future educator, I will surely remind my students about the
importance of knowing the law because as the quote says, “Ignorance of the
law excuses no one”. In order for a victim to get justice, it is always essential to
be knowledgeable about the law because it will serve as the weapon for proof
that you are reliable and you neglects dishonesty. I will utilize what I have
learned by also stopping the victim blaming saying that victims are just
becoming over reacting when in fact, sexual assaults are considered rape. It
pertains to the denial that sexual violence happens even in marriages, romantic
relationships, or sexual relationships. It holds survivors accountable for putting
themselves in a vulnerable position, which outright counters the essential point
of rape – the absence of consent. We should always remember that the
offender is not always a stranger, as for AAA’s case, she is a victim of 2
accounts of rape and 1 account of acts of lasciviousness, and it happened to be
her father all along.
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1. What is the most important that you’ve learned from doing this
project?
The most important thing that I have learned in this project is that all assault
and rape is not a joke. Which AAA experienced both traumatic experience from
his father .The terms assault and 'rape' are utilized essentially to separate
between two sorts of offense. So what's the distinction? Assault is the point at
which an individual purposefully infiltrates another's vagina, butt or mouth with a
penis, without the other individual's assent. Attack by infiltration is the point at
which an individual enters someone else's vagina or butt with any piece of the
body other than a penis, or by utilizing an article, without the individual's assent.
The general meaning of sexual or obscene attack is a demonstration of
physical, mental and passionate infringement as a sexual demonstration,
dispensed on somebody without their consent which happened on AAA on the
night of March 1999. It can include compelling or controlling somebody to
observe or partake in any sexual demonstrations. Not all instances of rape
include savagery, cause actual injury or leave obvious imprints. Rape can
cause serious trouble, passionate mischief and wounds which can't be seen –
all of which can set aside a long effort to recuperate from. This is the reason we
utilize the term 'attack', and treat reports similarly as genuinely as those of
fierce, actual assaults.
Therefore AAA is a victim of two counts of qualified rape and one count of acts
of lasciviousness. So put in mind that the offender is not always a stranger. The
truth is the majority of people who commit rape know their victims and, in some
cases, are relatives, friends or work colleagues. On AAA case it his father who
did such hideous crime.
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