People vs. de Guzman

G.R. No. 185843.
March 3, 2010.*
PEOPLE OF THE PHILIPPINES, appellee, vs. RONIE DE

GUZMAN, appellant.
Criminal Law; Rape; Extinction of Criminal Liability; Article 334
applied to marriages contracted between the offender and the offended
party in the crime of rape as well as in the crime of abuse of chastity to
totally extinguish the criminal liability of and the corresponding penalty
that may have been imposed upon those found guilty of the felony.On
several occasions, we applied these provisions to marriages contracted
between the offender and the offended party in the crime of rape, as well
as in the crime of abuse of chastity, to totally extinguish the criminal
liability of and the corresponding penalty that may have been imposed
upon those found guilty of the felony. Parenthetically, we would like to
mention here that prior to the case at bar, the last case bearing similar
circumstances was decided by this Court in 1974, or around 36 years ago.
Same; Same; Given public policy considerations of respect for the
sanctity of marriage and the highest regard for the solidarity of the
family, appellant accorded the full benefits of Article 89 in relations to
Article 344 and Article 266-C of the Revised Penal Code (RPC).Based
on the documents, including copies of pictures taken after the ceremony
and attached to the motion, we find the marriage between appellant and
private complainant to have been contracted validly, legally, and in good
faith, as an expression of their mutual love for each other and their desire
to establish a family of their own. Given public policy considerations of
respect for the sanctity of marriage and the highest regard for the
solidarity of the family, we must accord appellant the full benefits of
Article 89, in relation to Article 344 and Article 266-C of the RPC.
MOTION for Extinguishment of the Criminal Action and

Reconsideration of Supreme Court Resolution Dated July 20,
2009.
The facts are stated in the resolution of the Court.
_______________
* THIRD DIVISION.
222
22
2
SUPREME COURT REPORTS ANNOTATED

People vs. De Guzman
The Solicitor General for appellee.
Daniel Balaoing Valdez for appellant.
RESOLUTION
NACHURA, J.:
This resolves the motion for extinguishment of the criminal
action and reconsideration of our Resolution dated July 20, 2009
filed by appellant Ronie de Guzman.
Appellant was indicted before the Regional Trial Court, Branch
163, Pasig City, for two counts of rape. He pled not guilty when
arraigned. After pretrial and trial, the trial court found him guilty as
charged and imposed on him the penalty of reclusion perpetua for
each count. The trial court further ordered him to indemnify the
victim P50,000.00 in each case or a total amount of P100,000.00 as
civil indemnity.
On appeal, the Court of Appeals (CA) affirmed, in its Decision
dated March 27, 2008, appellants conviction, but modified it with
an additional award of P50,000.00 for each case, or an aggregate
amount of P100,000.00, as moral damages.
Appellant elevated the case to this Court on appeal.
In a Resolution dated July 20, 2009, we dismissed the appeal for
failure of appellant to sufficiently show reversible error in the
challenged decision as would warrant the exercise of the Courts
appellate jurisdiction. Accordingly, the March 27, 2008 Decision of
the CA was affirmed in toto.
In the instant motion, appellant alleges that he and private
complainant contracted marriage on August 19, 2009, solemnized by
Reverend Lucas R. Dangatan of Jeruel Christ-Centered Ministries,
Inc. at the Amazing Grace Christian Ministries, Inc., Bldg. XI-A,
Bureau of Corrections, Muntinlupa City. Attached to the motion is
the pertinent Certificate of Marriage1 and a joint sworn statement
(Magka_______________
1 Annex A to the motion; Rollo, p. 35.
223
VOL. 614, March 3, 2010

223
samang Sinumpaang Salaysay)2 executed by appellant and
private complainant, attesting to the existence of a valid and legal
marriage between them. Appellant, thus, prays that he be absolved
of his conviction for the two counts of rape and be released from
imprisonment, pursuant to Article 266-C3 of the Revised Penal Code
(RPC).In its Comment/Manifestation,4 appellee, through the Office

of the Solicitor General, interposed no objection to the motion,
finding the marriage to have been contracted in good faith, and the
motion to be legally in order.
The motion should be granted.
In relation to Article 266-C of the RPC, Article 89 of the same
Code reads
ART. 89. How criminal liability is totally extinguished.Criminal
liability is totally extinguished:
xxxx
7. By the marriage of the offended woman, as provided in Article
344 of this Code.
Article 344 of the same Code also provides

ART. 344. Prosecution of the crimes of adultery, concubinage,
seduction, abduction, rape, and acts of lasciviousness.x x x.
In cases of seduction, abduction, acts of lasciviousness, and rape, the
marriage of the offender with the offended party shall
_______________
2 Annex C to the motion; Rollo, p. 37.
3 ART. 266-C. Effect of Pardon.The subsequent valid marriage between the
offender and the offended party shall extinguish the criminal action or the penalty
imposed.
In case it is the legal husband who is the offender, the subsequent forgiveness by the wife
as the offended party shall extinguish the criminal action or the penalty: Provided, That the
crime shall not be extinguished or the penalty shall not be abated if the marriage be void
ab initio. (Emphasis supplied.)
4 Rollo, pp. 43-51.
224
22
4
SUPREME COURT REPORTS ANNOTATED

extinguish the criminal action or remit the penalty already imposed upon
him. x x x.
On several occasions, we applied these provisions to marriages

contracted between the offender and the offended party in the crime
of rape,5 as well as in the crime of abuse of chastity,6 to totally
extinguish the criminal liability of and the corresponding penalty
that may have been imposed upon those found guilty of the felony.
Parenthetically, we would like to mention here that prior to the case
at bar, the last case bearing similar circumstances was decided by
this Court in 1974, or around 36 years ago.
Based on the documents, including copies of pictures7 taken after
the ceremony and attached to the motion, we find the marriage
between appellant and private complainant to have been contracted

validly, legally, and in good faith, as an expression of their mutual
love for each other and their desire to establish a family of their own.
Given public policy considerations of respect for the sanctity of
marriage and the highest regard for the solidarity of the family, we
must accord appellant the full benefits of Article 89, in relation to
Article 344 and Article 266-C of the RPC.
WHEREFORE, the motion is GRANTED. Appellant Ronie de
Guzman is ABSOLVED of the two (2) counts of rape against private
complainant Juvilyn Velasco, on account of their subsequent
marriage, and is ordered RELEASED from imprisonment.
Let a copy of this Resolution be furnished the Bureau of
Corrections for appropriate action. No costs.
_______________
5 People v. Velasco, G.R. No. L-28081, January 21, 1974, 55 SCRA 217; People
v. Miranda, 57 Phil. 274 (1932); Laceste v. Santos, 56 Phil. 472 (1932).
6 People v. Mariano, 50 Phil. 587 (1927).
7 Annex B to the motion; Rollo, p. 36.
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G.R. No. 185843.

PEOPLE OF THE PHILIPPINES, appellee, vs. RONIE DE

MOTION for Extinguishment of the Criminal Action and

SUPREME COURT REPORTS ANNOTATED

VOL. 614, March 3, 2010

(RPC).In its Comment/Manifestation,4 appellee, through the Office

Article 344 of the same Code also provides

SUPREME COURT REPORTS ANNOTATED

On several occasions, we applied these provisions to marriages

between appellant and private complainant to have been contracted

Copyright 2012 Central Book Supply, Inc. All rights reserved.

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