Professional Documents
Culture Documents
*
G.R. No. 131516. March 5, 2003.
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* EN BANC.
568
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More. That Cyra May suffered pain in her vagina but not in her
anus despite her testimony that accusedappellant inserted his
penis in both orifices does not diminish her credibility. It is
possible that accusedappellants penis failed to penetrate her
anus as deeply as it did her vagina, the former being more
resistant to extreme forces than the latter.
Same Same Courts are seldom, if at all, convinced that a
mother would stoop so low as to subject her daughter to physical
hardship and shame concomitant to a rape prosecution just to
assuage her own hurt feelings.Accusedappellants imputation of
ill motive on the part of Gloria is puerile. No mother in her right
mind would subject her child to the humiliation, disgrace and
trauma attendant to a prosecution for rape if she were not
motivated solely by the desire to incarcerate the person
responsible for the childs defilement. Courts are seldom, if at all,
convinced that a mother would stoop so low as to subject her
daughter to physical hardship and shame concomitant to a rape
prosecution just to assuage her own hurt feelings.
Same Same Statutory Rape Elements.In fine, the crime
committed by accusedappellant is not merely acts of
lasciviousness but statutory rape. The two elements of statutory
rape are (1) that the accused had carnal knowledge of a woman,
and (2) that the woman is below twelve years of age. As shown in
the previous discussion, the first element, carnal knowledge, had
been established beyond reasonable doubt. The same is true with
respect to the second element. The victims age is relevant in rape
cases since it may constitute an element of the offense. Article 335
of the Revised Penal Code, as amended by Republic Act No. 7659.
Same Same Same Guidelines in Appreciating Age as
Element of the Crime or as a Qualifying Circumstance.Because
of the seemingly conflicting decisions regarding the sufficiency of
evidence of the victims age in rape cases, this Court, in the
recently decided case of People v. Pruna, established a set of
guidelines in appreciating age as an element of the crime or as a
qualifying circumstance, to wit: 1. The best evidence to prove the
age of the offended party is an original or certified true copy of the
certificate of live birth of such party. 2. In the absence of a
certificate of live birth, similar authentic documents such as
baptismal certificate and school records which show the date of
birth of the victim would suffice to prove age. 3. If the certificate
of live birth or authentic document is shown to have been lost or
destroyed or otherwise unavailable, the testimony, if
569
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570
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571
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572
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remembered that the proof of the victims age in the present case
spells the difference between life and death.
CARPIOMORALES, J.:
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1 Records at p. 1.
2 Id., at p. 12.
573
3
From the testimonies of its witnesses, namely Cyra May,
her mother Gloria Francisco Buenafe, Dr. Cristina V.
Preyra, and SPO4 Catherine Borda, the prosecution
established the following facts:
On November 20, 1995, as Gloria was about to set the
table for dinner at her house in Quezon City, Cyra May,
then only three and a half years old, told her, Mama, si
Kuya Ronnie lagay niya titi niya at sinaksak sa puwit at sa
bibig ko.
Kuya Ronnie is accusedappellant Ronnie Rullepa, the
Buenafes house boy, who was sometimes left with Cyra
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May at home.
Gloria asked Cyra May how many times accused
appellant did those things to her, to which she answered
many times. Pursuing, Gloria asked Cyra May what else he
did to her, and Cyra May indicated the room where
accusedappellant slept and pointed at his pillow.
As on the night of November 20, 1995 accusedappellant
4
was out with Glorias husband Col. Buenafe, she waited
until their arrival at past 11:00 p.m. Gloria then sent
accusedappellant out on an errand and informed her
husband about their daughters plaint. Buenafe thereupon
talked to Cyra May who repeated what she had earlier told
her mother Gloria.
When accusedappellant returned, Buenafe and Gloria
verified from him whether what Cyra May had told them
was true. Ronnie readily admitted doing those things but
only once, at 4:00 p.m. of November 17, 1995 or three days
earlier. Unable to contain her anger, Gloria slapped
accusedappellant several times.
Since it was already midnight, the spouses waited until
the following morning to bring accusedappellant to Camp
Karingal where he admitted the imputations against him,
on account 5
of which he 6 was detained. Glorias sworn
statement was then taken.
Recalling what accusedappellant did to her, Cyra May
declared at the witness stand: Sinaksak nya ang titi sa
pepe ko, sa puwit ko, at sa bunganga thus causing her pain
and drawing her to cry.
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574
FINDINGS:
GENITAL:
CONCLUSION:
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7 Exhibit C.
8 TSN, March 13, 1997 at pp. 411.
575
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576
II
III
IV
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577
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578
579
q Is it not a fact that you said a while ago that when your
father leaves the house, he [was] usually accompanied by
your kuya Ronnie?
a Opo.
q Why is it that Kuya Ronnie was in the house when your
father left the house at that time, on November 17?
a He was with Kuya Ronnie, sir.
q So, it is not correct that Kuya Ronnie did something to
you because your Kuya Ronnie [was] always with your
Papa?
15
a Yes, sir.
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580
q Yong sinabi mong sinira nya ang buhay mo, where did
you get that phrase?
18
a It was the word of my Mama, sir.
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18 Id., at p. 14.
19 SALONGA, J.R., PHILIPPINE LAW ON EVIDENCE (3RD ED.) 193.
20 People v. Baygar, 318 SCRA 358 (1999).
581
22
is very sensitive and rubbing or scratching it
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22
is very sensitive and rubbing or scratching it is painful.
The abrasions could not, therefore have been selfinflicted.
That the MedicalLegal Officer found no external signs
of recent application of any form of trauma at the time of
the examination does not preclude accusedappellants
conviction since 23
the infliction of force is immaterial in
statutory rape.
More. That Cyra May suffered pain in her vagina but
not in her anus despite her testimony that accused
appellant inserted his penis in both orifices does not
diminish her credibility. It is possible that accused
appellants penis failed to penetrate her anus as deeply as
it did her vagina, the former being more resistant to
extreme forces than the latter.
Accusedappellants imputation of ill motive on the part
of Gloria is puerile. No mother in her right mind would
subject her child to the humiliation, disgrace and trauma
attendant to a prosecution for rape if she were not
motivated solely by the desire to incarcerate
24
the person
responsible for the childs defilement. Courts are seldom,
if at all, convinced that a mother would stoop so low as to
subject her daughter to physical hardship and shame
concomitant to 25
a rape prosecution just to assuage her own
hurt feelings.
Alternatively, accusedappellant prays that he be held
liable for acts of lasciviousness instead of rape, apparently
on the basis of the following testimony of Cyra May, quoted
verbatim, that he merely scrubbed his penis against her
vagina:
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21 Records at p. 100.
22 TSN, March 13, 1997 at p. 10.
23 People v. Somodio, G.R. Nos. 13413940, February 15, 2002, 377
SCRA 129.
24 People v. Perez, 319 SCRA 622 (1999).
25 People v. Marcelo, 305 SCRA 105 (1999).
582
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583
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1. when the victim is under eighteen (18) years of age and the
offender is a parent, ascendant, stepparent, guardian,
relative by consanguinity or affinity with the third civil
degree, or the commonlaw spouse of the parent of the
victim.
x x x.
4. when the victim is x x x a child below seven (7) years old.
x x x.
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584
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585
34
On the other hand, a handful of cases holds
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34
On the other hand, a handful of cases holds that courts,
without the requisite hearing
35
prescribed by Section 3, Rule
129 of the Rules of Court, cannot take judicial notice of
the victims age.
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586
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any matter and allow the parties to be heard thereon if such matter is
decisive of a material issue in the case.
36 9 WIGMORE, J. H., A TREATISE ON THE ANGLOAMERICAN
SYSTEM OF EVIDENCE IN TRIALS AT COMMON LAW (3RD ED.)
2565.
37 Id., at 2566.
38 5 MORAN M.V., COMMENTS ON THE RULES OF COURT (1980
ED.) 38.
587
39
pute, has its roots in ancient judicial procedure. The
author proceeds to quote from another authority:
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588
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In United States vs. Estavillo and Perez (10 Off. Gaz., 1984)
Estavillo testified, when the case was tried in the court below,
that he then was only 16 years of age. There was no other
testimony in the record with reference to his age. But the trial
judge said: The accused Estavillo, notwithstand
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45 36 Phil. 930 (1917). Vide also Tan Beko vs. Insular Collector of Customs, 26
Phil. 254 (1913) Lim Cheng vs. Collector of Customs, 42 Phil. 876 (1920).
46 36 Phil. 246 (1917).
589
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We presume that the trial court reached this conclusion with reference
to the age of Estavillo from the latters personal appearance. There is no
proof in the record, as we have said, which even tends to establish the
assertion that this appellant understated his age. * * * It is true that the
trial court had an opportunity to note the personal appearance of
Estavillo for the purpose of determining his age, and by so doing reached
the conclusion that he was at least 20, just two years over 18. This
appellant testified that he was only 16, and this testimony stands
uncontradicted. Taking into consideration the marked difference in the
penalties to be imposed upon that age, we must, therefore, conclude
(resolving all doubts in favor of the appellants) that the appellants ages
were 16 and 14 respectively.
590
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591
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592
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