PEOPLE V.

ABELLO

FACTS
Twenty-one (21) year old AAA contracted polio when she was 7 months old
Not able to study because of her difficulty in walking
Can only read and write her name
June 30, 1998 at around 4AM: Heracleo Abello (stepdad) “mashed” her breasts
July 2, 1998 at around 3AM: Defendant did it again
2 criminal charges: violation of Paragraph 2 Article 266-A R.A. 8353 (CC No. 19623-MN);
violation of Section 5 Article 3 of R.A. 7610 (CC No. 19624-MN and 19625-MN)
RTC: indeterminate penalty of 7 years of prision mayor to 13 years of reclusion temporal for
CC No. 19623-MN; 4 years of prision correctional to 12 years and one day of pirision mayor
for CC Nos. 19624-MN and 19625-MN
CA: Affirmed the decision but modified the charges – 12 to 20 years with 50,000 moral
damages for 19623-MN; reclusion perpetua for 19624-MN and 19625-MN
ISSUE WITH CORRESPONDING RATIO
Whether or not the alternative circumstance of relationship should be appreciated in
diminishing the penalty
NO. Although AAA is the stepdaughter of Abello, the relationship was not duly proven by the
prosecution because they failed to present a marriage contract between AAA’s mother and
Abello.
 The relationship was only established because of Abello’s admission of marriage to AAA’s
mother.
o Marriage contract is the best evidence
 Since relationship will be treated as an aggravating circumstance, there is a stricter
requirement to prove the existence of such.
Actual issues but not that relevant to the topic on the syllabus
Whether or not the acts of Abello constitute a violation of Paragraph 2 Article 266-A of RA 8353
YES. R.A. 8353 not only reclassified rape as a crime against persons, it also expanded acts that
will constitute rape.
 Paragraph 2 of Article 266-A list the elements of sexual assault as the ff:
o Offender commits an act of sexual assault
o Sexual assault is committed by inserting a man’s penis into another person’s
mouth or anal orifice, among others
 o The act is committed when the woman is deprived of reason or otherwise
unconscious, among others
 The testimony of AAA satisfy the first and second elements clearly and her testimony
that she was roused from sleep after Abello kneed her hand is proof that she was
unconscious during the time, satisfying the third element.
Whether or not the acts of Abello constitute a violation of Section 5(b) Article 3 of R.A. 7610
NO. It failed to satisfy the elements essential to the commission of the crime punishable under
R.A. 7610.
 These elements are:
o The accused commits the acts of sexual intercourse or lascivious conduct –
satisfied
o The said act was performed with a child exploited in prostitution or subject to
other sexual abuse – not satisfied; no proof that there was coercion or force or
prostitution
o The child was below 18 years of age – not satisfied; R.A. 7610 classified children
to be under 18 years old or those above but cannot take care of themselves;
although AAA had polio, prosecution failed to submit requirements of evaluation
by a qualified physician
 BUT it violated Art. 336 of RPC which states that:
o The offender commits an act of lasciviousness – satisfied
o The offended party is a person of either sex – satisfied
o That it is done when the offended party is unconscious, among others - satisfied
HELD: DECISION AFFIRMED. JUDGEMENT MODIFIED. For CC No. 19623, 6 years to 10 years of
prison with 30,000 as civil liability, 30,000 as moral damages, and 25,000 as exemplary
damages. For CC Nos. 19624-MN and 19625-MN, 6months to 4 years and 2 months with 20,000
as civil indemnity, 30,000 as moral damages, and 2,000 as exemplary damages in each case.