You are on page 1of 16

Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G.R. No.

186441 March 3, 2010

SALVADOR FLORDEL ! " A#ENO$AR, Petitioner, vs. PEOPLE OF T%E P% L PP NES, Respondent. D NAC%URA, J.: "or revie# are the !ourt of $ppeals %!$& Decision' and Resolution( dated )ul* (+, (,,- and "ebruar* '., (,,+, respectivel*, in !$/ 0.R. !R No. 1,+2+. The assailed decision affir3ed the Re4ional Trial !ourt5s1 %RT!5s& )oint )ud43ent2 dated March +, (,,6, convictin4 petitioner Salvador "lordeli7 * $beno8ar of nine %+& counts of Rape and one %'& count of $cts of 9asciviousness, #ith a 3odification of the a#ard of da3a4es, #hile the assailed resolution denied petitioner5s 3otion for reconsideration. The case ste33ed fro3 the follo#in4 facts: So3eti3e in March '++;, $<!, the #ife of petitioner and the 3other of private co3plainants $$$ and <<<, left for Mala*sia as an overseas #or=er. $$$ and <<< #ere left under the care and custod* of petitioner. The* resided in a s3all house in >ue7on Hill, <a4uio !it*.; In $pril '++;, #hile sleepin4 #ith <<< and $$$, #ho #as then eleven %''& *ears old, petitioner #o=e up $$$, touched her va4ina, then pla*ed #ith it. $$$ cried and told petitioner that it #as painful. The latter stopped, but #arned $$$ not to tell an*one about it? other#ise, she #ould be har3ed.. Petitioner alle4edl* co33itted the sa3e acts a4ainst $$$ repeatedl*. Petitioner and his dau4hters later transferred residence and lived #ith the for3er5s siblin4s. Not lon4 after, petitioner #as convicted of ho3icide and i3prisoned in Muntinlupa !it*. !onse@uentl*, $$$ and <<< lived #ith their 4randparents in 9a Trinidad, <en4uet.6 Ahile petitioner #as incarcerated, $$$ and <<< visited hi3 and sent hi3 t#o 4reetin4 cards containin4 the follo#in4 teBts, a3on4 others: Chapp* valentineC? Cur the best dad in the #orldC? CI love *ou papa, love <<<, 9ove <)C? Ctill #e 3eet a4ainC? portrait of )esus !hrist #ith a heart, Cthis is for *ou dadC? Cflordeli7, $$$ P., love $$$ and I*os.C In (,,', petitioner #as released on parole. He #ould fre@uentl* fetch $$$ and <<< fro3 their 4randparents5 house durin4 #ee=ends and holida*s and the* #ould sta* #ith hi3 in 0abriela Silan4, <a4uio !it*. + Dnsatisfied #ith the abuses co33itted a4ainst $$$, petitioner alle4edl* started 3olestin4 <<< in Ma* (,,(. ', In (,,1, <<< spent Ne# Eear5s Da* #ith her father. On )anuar* 1, (,,1, #hile the* #ere sleepin4, petitioner inserted his t#o %(& fin4ers into <<<5s va4ina.'' <<< did not atte3pt to stop petitioner because of fear. Thereafter, the* slept beside each other. '( <<< suffered the sa3e ordeal the follo#in4 ni4ht.'1 On "ebruar* -, (,,1, <<< visited petitioner. $4ain, petitioner held her va4ina, pla*ed #ith it and inserted his fin4ers, #hich caused her pain.'2 The sa3e incident alle4edl* too= place on $u4ust 1, (,,1.'; On October (., (,,1, a da* before $$$5s birthda*, #hile <<< #as #ith petitioner, the latter co33itted the sa3e dastardl* act. This ti3e, it #as for a lon4er period.'. Durin4 $ll Saints5 Da* of (,,1, <<< spent t#o ni4hts #ith her father and, durin4 those ni4hts %Nove3ber ' and (&, she eBperienced the sa3e seBual abuse.'6 The sa3e thin4 happened on Dece3ber (-, (,,1.'Not#ithstandin4 the repeated incidents of seBual abuse co33itted a4ainst her, <<< did not reveal her ordeal to an*bod* because of fear for her life and that of her 3other.'+ $$$ and <<< had the chance to reveal their horrif*in4 eBperiences #hen their 3other $<! arrived for a vacation. $$$ i33ediatel* told $<! #hat petitioner did to her. Ahen confronted b* $<!, <<< li=e#ise ad3itted the repeated abuses co33itted b* petitioner. $<! forth#ith reported the incidents to the National <ureau of Investi4ation.(, !ISION

(. of his preventive i3prison3ent in the service of his sentences. The accused shall be credited #ith 2H. before the RT!.. #ith le#d desi4n and deliberate intent to cause 3alice and satisf* his lascivious desire.G (.(1 co33itted a4ainst <<<. a 3inor. #as often visited b* his dau4hters at his residence../R for $cts of 9asciviousness. de3eaned and de4raded the intrinsic #orth and di4nit* of the 3inor as a hu3an bein4. In !ri3inal !ases Nos.1.& *ears of Reclusion Te3poral as the 3aBi3u3 penalt* for each case or nine %+& counts of seBual assault considerin4 the a44ravatin4H@ualif*in4 circu3stance of relationship a4ainst the accused and to inde3nif* <<< the a3ount of P6. 9ev* Hope "lordeli7 and Roderic= "lordeli7. #hich acts constitute Rape as defined under Republic $ct -1. (1'2. the above/na3ed accused.. Philippines. as 3oral da3a4es and to pa* the costs. (1. of the Revised Penal !ode or the Three/"old Rule. The cri3e of acts of lasciviousness #as alle4edl* co33itted as follo#s: That so3eti3e in the 3onth of $pril '++.. the RT! rendered a )oint )ud43ent(. Petitioner also relied on the testi3onies of "lorabel "lordeli7. Philippines. 2'. pre3ises all dul* consideredF. the Indeter3inate Penalt* of . In the service of his sentences.. the Indeter3inate Penalt* of t#elve %'(& *ears of Prision Ma*or as the 3ini3u3 penalt* to t#ent* %(. in the !it* of <a4uio. the attendin4 ph*sician re3ar=ed that there #as a Cdisclosure of seBual abuse and she noted the presence of h*3enal notch in posterior portion of h*3enal ri3 that 3a* be due to previous blunt force or penetratin4 trau3a su44estive of abuse. Revised Penal !ode&. and #ithin the 8urisdiction of this Honorable !ourt.6. and nine %+& counts of >ualified Rape throu4h SeBual $ssault.. (( co33itted a4ainst $$$.. the dispositive portion of #hich reads: AH R "OR .(2 On the other hand. b* 3eans of force and inti3idation and ta=in4 advanta4e of his 3oral ascendanc* over the private offended part* he bein4 the biolo4ical father of said offended part*.C(' Aith these findin4s.. a 3inor '2 *ears of a4e a4ainst her #ill and consent #hich act debeased %sic&. .(+ On appeal. (. unla#full* and feloniousl* touched and pla* the private part of the offended part* $$$.-.1 and #hich acts de3eaned. the !$ affir3ed petitioner5s conviction #ith a 3odification of the a3ount of his civil liabilities. the above/na3ed accused. !ONTR$RE TO 9$A.. !ONTR$RE TO 9$A. Dpon arrai4n3ent. Durin4 trial. bein4 a 4ood father. debased and de4raded the intrinsic #orth and di4nit* of the 3inor as a hu3an bein4. #hose testi3onies consisted 3ainl* of the alle4ed infidelit* of $<!? and petitioner. did then and there #illfull*. '' *ears of a4e a4ainst her #ill and consent.. he interposed the defense of denial and insisted that the char4es a4ainst hi3 #ere fabricated b* his #ife to cover up the infidelit* she co33itted #hile #or=in4 abroad..findin4 petitioner 4uilt* as char4ed./R. 21. petitioner #as char4ed #ith the cri3es of $cts of 9asciviousness. did then and there re3ove the pants and under#ear of said offended part* and thereupon fondles her private part and forcibl* inserted his fin4er into the va4ina of the offended part* <<<..G the court finds that the prosecution has established the 4uilt of the accused be*ond reasonable doubt and hereb* i3poses upon hi3 the follo#in4 penalties: '. as 3oral da3a4es and to pa* the costs. up to '++. The penalt* shall also carr* the accessor* penalt* of perpetual special dis@ualification fro3 the ri4ht of suffra4e %$rt.(6 On March +. petitioner pleaded CNot 4uilt*C to all the char4es. The penalties shall carr* #ith the3 the accessor* penalties of civil interdiction for life and perpetual absolute dis@ualification %$rt.6(/R to (1. SO ORD R D. and #ithin the 8urisdiction of this Honorable !ourt..$fter conductin4 3edical eBa3inations on $$$ and <<<. (. each Infor3ation for Rape reads: That on or about the -th da* of "ebruar* (.. in the !it* of <a4uio. 3onths of $rresto Ma*or as the 3ini3u3 penalt* to . *ears of Prision !orreccional as the 3aBi3u3 penalt* and to inde3nif* the victi3 $$$ the a3ount of P(.. In !ri3inal !ase No. Revised Penal !ode&F. eBcept for the dates of the co33ission of the cri3e. #here the roo3s the* occupied #ere onl* separated b* see/throu4h curtains. the sa3e shall be served successivel* sub8ect to the provisions of $rticle 6..

3ental and e3otional hardship conco3itant to a rape prosecution.. or reven4e. -1.61/R.Petitioner no# co3es before us. and (1. on seven %6& separate occasions. (1. (1. held her va4ina./R %alle4ed rape throu4h seBual assault so3eti3e in Ma*. In People v. Rape: When And How Committed.66/R. (1.C #hich in part provides: $rt. (.6(/R. !ourts are seldo3.1& respectivel*../R. the alle4ed ill 3otives have never s#a*ed the !ourt a4ainst 4ivin4 credence to the testi3onies of victi3s #ho re3ained fir3 and steadfast in their account of ho# the* #ere ravished b* their seB offenders.11 Neither can #e sustain petitioner5s clai3 that the char4es a4ainst hi3 #ere products of $<!5s fabrication to cover up the infidelit* she co33itted #hile #or=in4 abroad. @uestions the credibilit* of the #itnesses for the prosecution and insists that the char4es a4ainst hi3 #ere desi4ned to conceal $<!5s infidelit*.1( #e held that: Veril*. pla*ed #ith it.1. and this !ourt had the occasion to address it in the past. The i3putation of ill 3otives to the victi3 of an incestuous rape For lascivious conductG beco3es even 3ore unconvincin4 as the victi3 and the accused are not stran4ers to each other. but also the sha3e and e3barrass3ent to #hich the* #ould be eBposed if the 3atter about #hich the* testified #ere not true..61/R. petitioner assails the factual and le4al bases of his conviction. (1. despite the co3plete absence of evidence to sho# ho# the alle4ed incidents of rape throu4h seBual assault #ere co33itted b* petitioner on said particular dates. Si3pl* put.6-/R %alle4ed rape throu4h seBual assault on $u4ust 1.6. one #ho3. if at all. (1. before his 3oral descent. <* electin4 to proceed #ith the filin4 of the co3plaint. Ae have repeatedl* held that #hen the offended parties are *oun4 and i33ature 4irls. Ortoa. correctl* convicted petitioner of Rape in !ri3inal !ase Nos. (1. (1./R. (1.-. it is hi4hl* i3probable for a dau4hter to 3anufacture a rape char4e for the sole purpose of 4ettin4 even #ith her father. The insertion of petitioner5s fin4ers into the victi35s va4ina constituted the cri3e of Rape throu4h seBual assault 1. 1./R. courts are inclined to lend credence to their version of #hat transpired. hostilit*.66/R. the prosecutor presented a s3all doll #here <<< de3onstrated ho# petitioner inserted his forefin4er and 3iddle fin4er. (1./$.12 Ae no# proceed to discuss the specific cri3es #ith #hich petitioner #as char4ed. !ri3inal !ase Nos. and (1. petitioner #o=e her up. but also the li=elihood of losin4 the affection of her relatives #ho 3a* not believe her clai3. Indeed. or CThe $nti/Rape 9a# of '++6. <<< clearl* narrated that. The Honorable !ourt $ >uo 4ravel* erred in affir3in4 the 8ud43ents of conviction of the Honorable Re4ional Trial !ourt in the other alle4ed counts of rape throu4h seBual assault despite the fact that the 4uilt of the petitioner has not been proven be*ond reasonable doubt #ith 3oral certaint*. (1. 1' It is not unco33on in incestuous rape for the accused to clai3 that the case is a 3ere fabrication. R$P S THROD0H S ID$9 $SS$D9T '. (. it is not unco33on for fa3ilies to be torn apart b* an accusation of incestuous rape. 0iven the serious nature of the cri3e and its adverse conse@uences not onl* to her. alle4edl* because of lac= of the essential details or circu3stances of the co33ission of the cri3es. the victi3 ris=s not onl* losin4 a parent.6. No 3atter ho# enra4ed a 3other 3a* be. Durin4 trial. she previousl* adored and loo=ed up to. convinced that a 3other #ould stoop so lo# as to eBpose her o#n dau4hter to ph*sical.6(/R. and inserted his fin4ers. in effect. 3a=in4 an up and do#n 3otion bet#een the doll5s le4s.62/R.under Republic $ct %R.$.& No.1. (. In her direct testi3on*. and that the victi3 #as 3oved b* fa3ilial discord and influence.6+/R. The Honorable !ourt $ >uo 4ravel* erred in affir3in4 the 8ud43ents of conviction of the Honorable Re4ional Trial !ourt in !ri3inal !ases Nos.-. affir3ed b* the !$. There is nothin4 novel about such defense. (. it #ould ta=e nothin4 less than ps*cholo4ical depravit* for her to concoct a stor* too da3a4in4 to the #elfare and #ell/bein4 of her o#n dau4hter. considerin4 not onl* their relative vulnerabilit*.62/R. Thus. no child #ould =no#in4l* eBpose herself and the rest of her fa3il* to the hu3iliation and strain that a public trial surel* entails unless she is so 3oved b* her desire to see to it that the person #ho forcibl* robbed her of her cherished innocence is penali7ed for his dastardl* act.6+/R.(& and (1. (1. raisin4 the follo#in4 errors: $!TS O" 9$S!IVIODSN SS The Honorable !ourt $ >uo 4ravel* erred in affir3in4 the 8ud43ent of conviction of the Honorable Re4ional Trial !ourt for the cri3e char4ed despite the fact that the 4uilt of the petitioner has not been proven be*ond reasonable doubt #ith 3oral certaint*. (1.6. Petitioner. as in this case. / Rape is co33itted: ./R for Rape Throu4h SeBual $ssault The RT!. (1.

. petitioner co33itted the cri3e of Rape throu4h seBual assault a4ainst <<<.2.1+ no other a44ravatin4 circu3stance #as alle4ed and proven.. (1'2. the penalt* shall be i3posed in its 3ediu3 period. into the 4enital or anal orifice of another person.(.. #ould carr* the penalt* of reclusion te3poral. Dnder $rticle (.. for each count.. Ahile the !$ stated that. (1'2.of $rticle (. fro3 Ma* (./R.. ho#ever.. The !ourt notes./R. or inti3idation? b& Ahen the offended part* is deprived of reason or other#ise unconscious? c& <* 3eans of fraudulent 3achination or 4rave abuse of authorit*? and d& Ahen the offended part* is under t#elve %'(& *ears of a4e or is de3ented. if attended b* an* of the a44ravatin4 circu3stances under para4raph ' 1. She is.( to Dece3ber (. shall co33it an act of seBual assault b* insertin4 his penis into another person5s 3outh or anal orifice.. it #as also stated in the Infor3ation that.16 $side fro3 provin4 the fact that Rape #as co33itted.. Hence.6-/R.. Indeed. to seventeen %'6& *ears and four %2& 3onths of reclusion te3poral as 3aBi3u3. for each count. it bein4 assu3ed that a rape victi3 has actuall* suffered 3oral da3a4es entitlin4 her to such a#ard.. it #as alle4ed that petitioner seBuall* abused <<< on $u4ust 1.. Ahile #e sustain petitioner5s conviction of acts of lasciviousness. $bsent specific details of ho# and #hen the seBual abuses #ere co33itted.(. (1. the victi3 of Rape throu4h seBual assault is entitled to recover civil inde3nit* in the a3ount of P1./<.. that the RT! decision is silent as to the seBual abuse alle4edl* co33itted in Ma* (.. ei4ht %-& 3onths and one %'& da* to seventeen %'6& *ears and four %2& 3onths.. Moreover. "or each count of seBual assault...1 %#hich is #ithin the period fro3 Ma* (. the 3ini3u3 ter3 of the indeter3inate sentence should be #ithin the ran4e of the penalt* neBt lo#er in de4ree than that prescribed b* the !ode #hich is prision 3a*or or siB %... In line #ith prevailin4 8urisprudence. rape b* seBual assault.6. (1.& *ears. entitled to recover 3oral da3a4es of P1./R and (1.. $ perusal of the transcript of the prosecution #itnesses5 testi3onies.( to Dece3ber (. the 3aBi3u3 ter3 of the indeter3inate penalt* shall be that #hich could be properl* i3posed under the RP!. (1. $ppl*in4 the Indeter3inate Sentence 9a#.. petitioner should be ac@uitted in !ri3inal !ase Nos. petitioner #as char4ed #ith and convicted of $cts of 9asciviousness and sentenced to suffer the penalt* prescribed b* $rticle 11. Other than the a44ravatin4H@ualif*in4 circu3stances of 3inorit* and relationship %#hich are alread* ta=en into account to raise the penalt* fro3 prision 3a*or to reclusion te3poral&.1. #e 3odif* the .1. The RT!5s narration of facts started onl* #ith the incident that occurred in )anuar* (. (& <* an* person #ho.. the incident happened.. the state3ent #as 3erel* a conclusion unsupported b* proof of ho# the cri3e #as co33itted.. or an* instru3ent or ob8ect.6.6. No details #ere related b* <<< herself as to the circu3stances surroundin4 the alle4ed incident.6-/R In !ri3inal !ase No.1. threat. This is 3andator* upon a findin4 of the fact of Rape. !ri3inal !ase No. reveals that no such incident too= place.. The a3ount of P1.'& <* a 3an #ho shall have carnal =no#led4e of a #o3an under an* of the follo#in4 circu3stances: a& Throu4h force. of the RP!. $ssu3in4 that acts of Rape #ere indeed co33itted in (. the prosecution also established that petitioner is the biolo4ical father of <<< and that the latter #as less than t#elve %'(& *ears old at the ti3e of the co33ission of the cri3es.... for each count is appropriate under the circu3stances..& *ears and one %'& da* to t#elve %'(& *ears.1 as stated in the Infor3ation&./R for $cts of 9asciviousness In !ri3inal !ase No.2' In addition. !ri3inal !ase Nos. (1. or fourteen %'2& *ears.. those instances could ver* #ell be the sa3e incidents covered b* the other Infor3ations discussed earlier.. under an* of the circu3stances 3entioned in para4raph ' hereof. the RT! and the !$ stated in their narration of facts that on that particular date./< of the Revised Penal !ode %RP!&.. the a#ard of 3oral da3a4es is auto3aticall* 4ranted #ithout need of further proof.6-/R. ran4in4 fro3 t#elve %'(& *ears and one %'& da* to t#ent* %(. In !ri3inal !ase No. thus. even thou4h none of the circu3stances 3entioned above be present. the presence of the a44ravatin4 circu3stances of 3inorit* and relationship entitles her to an a#ard of eBe3plar* da3a4es.& *ears of prision 3a*or as 3ini3u3. #hile <<< #as visitin4 her father. ho#ever. (. petitioner should be 3eted the indeter3inate sentence of ten %'. petitioner started seBuall* abusin4 <<<. in Ma* (./R and (1. On the other hand.

either directl* or throu4h clothin4. Bploitation and Discri3ination $ct. lascivious eBhibition of the 4enitals or pubic area of a person. 3asturbation. as the case 3a* be: Provided. . That the penalt* for lascivious conduct #hen the victi3 is under t#elve %'(& *ears of a4e shall be reclusion temporal in its 3ediu3 period.'. para4raph 1. #ith an intent to abuse.$.21 Para4raph %b& punishes seBual intercourse or lascivious conduct not onl* #ith a child eBploited in prostitution. The cri3e of $cts of 9asciviousness. or an* other consideration or due to the coercion or influence of an* adult. Child Prostitution and Other Sexual Abuse. No.26 Section 1(. the Revised Penal !ode.*ears of a4e. of $ct No. 6. No. but also #here one // throu4h coercion. hu3iliate. for rape or lascivious conduct. $$$ #as eleven %''& *ears old. for rape and $rticle 11. $rticle IIII of the I3ple3entin4 Rules and Re4ulations of R. to #it: S !.$. #hether 3ale or fe3ale. Ahen the offended part* is under '( *ears of a4e? and %1& That the offended part* is another person of either seB. #ho for 3one*. inti3idation or influence // en4a4es in seBual intercourse or lascivious conduct #ith a child. 6.. profit. or arouse or 4ratif* the seBual desire of an* person. has the follo#in4 ele3ents: %'& That the offender co33its an* act of lasciviousness or le#dness? %(& That it is done under an* of the follo#in4 circu3stances: a. defines lascivious conduct as follo#s: FTGhe intentional touchin4. #hether 3ale or fe3ale.$.$. It covers not onl* a situation #here a child is abused for profit. breast. $rticle III of R. as a3ended. Ahen the offended part* is deprived of reason or other#ise unconscious? or c. pursuant to the fore4oin4 provision. In addition. and eventuall* to i3pose the proper penalt*. indul4e in seBual intercourse or lascivious conduct.. or the introduction of an* ob8ect into the 4enitalia. of R. as defined in $rticle 11. 6. #hether of the sa3e or opposite seB.'. anus or 3outh of an* person.2. of the RP!. inner thi4h. <* usin4 force or inti3idation? or b. are dee3ed to be children eBploited in prostitution and other seBual abuse... No. s*ndicate or 4roup.'. or CThe Special Protection of !hildren $4ainst !hild $buse.2. 22 Ho#ever. The penalt* of reclusion temporal in its 3ediu3 period to reclusion perpetua shall be i3posed upon the follo#in4: BBBB %b& Those #ho co33it the act of seBual intercourse or lascivious conduct #ith a child eBploited in prostitution or sub8ected to other seBual abuse: Provided. de4rade.. That #hen the victi3 is under t#elve %'(& *ears of a4e. 4roin.. bestialit*.C #hich defines seBual abuse of children and prescribes the penalt* therefor in its $rticle III. 1-'. harass. 6. of the RP! 3ust be 3et in addition to the re@uisites for seBual abuse under Section . anus. the follo#in4 ele3ents of seBual abuse under Section . the perpetrators shall be prosecuted under $rticle 11. No. J !hildren. but also #ith a child sub8ected to other seBual abuses.2- . 2( This calls for the application of R.assailed Decision in order to 4ive the proper desi4nation to the cri3e co33itted and the la# violated. before an accused can be convicted of child abuse throu4h lascivious conduct co33itted a4ainst a 3inor belo# '( *ears of a4e. is belo# '. Section . or buttoc=s. 3ust be proven: %'& The accused co33its the act of seBual intercourse or lascivious conduct? %(& The said act is perfor3ed #ith a child eBploited in prostitution or sub8ected to other seBual abuse? and %1& The child. the re@uisites for acts of lasciviousness under $rticle 11. It is undisputed that at the ti3e of the co33ission of the seBual abuse. of the 4enitalia.'.

R.& 3onths and ten %'..'.62/R... Ae do not a4ree... li=e acts of lasciviousness. The RT! did not appreciate the alternative circu3stance of relationship. (1.....( !onsiderin4 that $$$ #as less than t#elve %'(& *ears old at the ti3e the cri3e #as co33itted. #e i3pose a fine of P'. to siBteen %'.. as 3oral da3a4es 3a* be a#arded to the victi3 in the sa3e #a* that 3oral da3a4es are a#arded to victi3s of rape even #ithout need of proof because it is assu3ed that the* suffered 3oral in8ur*.& da*s of reclusion te3poral... (.. ... He is sentenced to suffer the indeter3inate penalt* of ten %'. petitioner should be 3eted the penalt* of reclusion te3poral in its 3ediu3 period. $ppl*in4 the Indeter3inate Sentence 9a#. as 3aBi3u3. !onsiderin4 that the act #as co33itted on a child less than t#elve *ears old and throu4h inti3idation./R. for each count. There #as...... AH R "OR . 6.6+/R.... He is li=e#ise ordered to pa* a fine ofP'... but b* the recital of the ulti3ate facts and circu3stances in the co3plaint or infor3ation. ei4ht %-& 3onths and one %'& da* to seventeen %'6& *ears and four %2& 3onths. substantial co3pliance #ith the 3andate that an accused be infor3ed of the nature of the char4e a4ainst hi3. (1.+2+ are $""IRM D #ith MODI"I!$TIONS. Aith respect to the lascivious conduct a3ountin4 to child abuse under Section .. Ae are a#are that the Infor3ation specificall* char4ed petitioner #ith $cts of 9asciviousness under the RP!. He is sentenced to suffer the indeter3inate penalt* of thirteen %'1& *ears. therefore. upon a findin4 of 4uilt of the accused for acts of lasciviousness.. NOT 0DI9TE in !ri3inal !ase Nos.. and (1.$.& 3onths and ten %'. SO ORD R D.. 6. or fourteen %'2& *ears. of the investi4atin4 prosecutor. 6... the a3ount of P'.1 !ivil inde3nit* eB delicto in the a3ount of P(.+ Resolution in !$/0. the !ourt of $ppeals5 )ul* (+... P'... No...6-/R....66/R. The character of the cri3e is not deter3ined b* the caption or prea3ble of the infor3ation nor b* the specification of the provision of la# alle4ed to have been violated... stated that petitioner is the victi35s biolo4ical father.2+ In the instant case.<ased on the fore4oin4 definition.2 $dditionall*. or an erroneous specification of the la# violated. !R No..& *ears of prision 3a*or... #ithout statin4 therein that it #as in relation to R.6.%b& of R. five %.... and to inde3nif* $$$ P(..../R and (1.. the failure to desi4nate the offense b* statute or to 3ention the specific provision penali7in4 the act... nine %+& 3onths and eleven %''& da*s of reclusion te3poral as 3ini3u3. (1./R.. relationship is considered a44ravatin4. as 3ini3u3.6. for each count? (. Ho#ever..& *ears... 0DI9TE of $!TS O" 9$S!IVIODSN SS in !ri3inal !ase No. 1. (1.' In cri3es a4ainst chastit*. as eBe3plar* da3a4es. it is be*ond cavil that petitioner is 4uilt* under the aforesaid la#s... nine %+& 3onths and eleven %''& da*s of reclusion te3poral. The !ourt finds petitioner Salvador "lordeli7 * $beno8ar: '. to seventeen %'6& *ears and four %2& 3onths of reclusion te3poral. as civil inde3nit*? P1. The resolution...Decision and "ebruar* '. the bod* of the Infor3ation contains an aver3ent of the acts alle4ed to have been co33itted b* petitioner and un3ista=abl* describes acts punishable under Section . (1. as 3aBi3u3...'. 1avvphi1 It is also undisputed that petitioner is the father of $$$.. as 3oral da3a4es? andP1. $rticle III of R. the a3ount ofP'. as civil inde3nit*. as 3ini3u3.... (1... as eBe3plar* da3a4es? 1. ANTON O EDUARDO #.. No. (1.$.. as 3oral da3a4es.-.'. a cop* of #hich is attached thereto. #hich for3ed the basis of the Infor3ation. co33itted b* petitioner. NAC%URA $ssociate )ustice A !ON!DR: ... because it #as not alle4ed in the Infor3ation.. and P'.. (.& *ears..61/R.. shall be a#arded. to siBteen %'. does not vitiate the infor3ation if the facts alle4ed therein clearl* recite the facts constitutin4 the cri3e char4ed.%b&..$. In vie# of the presence of the a44ravatin4 circu3stance of relationship. Petitioner is ordered to inde3nif* <<< P1./R. No.. (1'2... as eBe3plar* da3a4es should li=e#ise be a#arded... five %.& da*s of reclusion te3poral as 3aBi3u3.. petitioner should be 3eted the indeter3inate penalt* of thirteen %'1& *ears..6(/R.... petitioner5s act of touchin4 $$$5s va4ina and pla*in4 #ith it obviousl* a3ounted to lascivious conduct. 0DI9TE of seven %6& counts of R$P Throu4h SeBual $ssault in !ri3inal !ase Nos.. pre3ises considered.

The children #ere later brou4ht b* the accused to their house at Helen !atral Street. #ith death. 1&&& PEOPLE OF T%E P% L PP NES. should he be eBe3pted fro3 the i3position of the death penalt* after it is proved be*ond 3oral certainl* that he indeed had seBuall* abused a five/*ear old 4irlK The !ourt is burdened. Dina later in the afternoon beca3e suspicions and started loo=in4 for Ha7el and as=ed the pla*3ates of Ha7el #here she #as. Ha7el Ra3ire7. in the Municipalit* of 9as PiMas. accused/appellant.1 of the sa3e !ode. unla#full* and feloniousl* have carnal =no#led4e #ith one H$N 9 R$MIR N E $<IN0. resultin4 in a 8ud43ent of conviction. Ha7el #as then pla*in4 to4ether #ith other children. b* 3eans of force and inti3idation. b* #a* of auto3atic revie#. and in vie# of $rticle . she #ashed clothes #hile one of the her nei4hbors. She #as #earin4 a dress but her pant* and s=irt #ere 4one.. PER CUR AM* <ecause a 3an is poor. Ha7el also fond had an abrasion on her ri4ht hip. once a4ain. oLcloc= in the afternoon. $rnulfo Valiente and Dina proceeded to the said place #hich #as a 4rass* area beside a river and near <acoor. She #as told that the accused #as pla*in4 #ith her. 11. The* reached the said place at around . )i33* * Mi8ano * Ta3ora 0DI9TE be*ond reasonable doubt of rapin4 Ha7el Ra3ire7 * $bin4. the above/na3ed accused. a4ainst her #ill and consent. !ONTR$RE TO 9$A. 12&112 $'(" 23. $ MM) M $ANO " TAMORA.... !avite. %No. Dina first brou4ht Ha7el to the 9as PiMas Police Station to report the incident but the .R.. as a3ended. Mi8ano.. '++. She #ent out to the street but #as not able to find her dau4hter.n t $ccused/appellantLs conviction for said cri3e arose fro3 an Infor3ation readin4 as follo#s: That on or about the '. alle4ed to have been perpetrated b* accused/appellant )i33* T. Instead.Republic of the Philippines SUPREME COURT Manila N <$N! G. a 8ud43ent of conviction i3posin4 the death penalt* for statutor* rape. vs. accordin4l* disposin4: AH R "OR . #hich is punished $rt.. Metro Manila.. plaintiff/appellee. Philippines and #ithin the 8urisdiction of this Honorable !ourt. )i33* Mi8ano. 8ud43ent is rendered findin4 the accused. It #as $rnulfo #ho first sa# Ha7el alread* pale and her va4ina #as profusel* bleedin4. to #it: Dina Ra3ire7 is the 3other of five/*ear old Ha7el Ra3ire7 #ho #as born on . did. 1âwphi1. accused )i33* Mi8ano * Ta3ora is sentenced to die and such accused be put to death 3ethod or 3eans prescribed b* la#? to inde3nif* the victi3. 2& of the Revised Penal !ode.. No. and to pa* the costs. The prosecutionLs version of the events is based principall* on the testi3on* of victi3 Ha7el Ra3ire7. and lac=s catechetical instruction. #ho is a child belo# seven %6& *ears old. in this case. uneducated and 8obless. #ith the heav* tas= of passin4 upon.. the su3 of P'. SO ORD R D. Ma* '++.. then and there #ilfull*.. In the 3ornin4 of '. #as havin4 a drin=in4 session #ith so3e friends.( $pril '++'.th da* of Ma*. $ccused/appellant pleaded not 4uilt* to the char4e and stood trail. and a nei4hbor b* the na3e of $rnulfo Valiente. she sa# one $rnulfo Valiente #ho infor3ed her that he sa# Ha7el to4ether #ith )i33* at Helen !atral Street. The Office of the Solicitor 0eneral adopted the su33ari7ation b* the trail court of its findin4s. her 3other Dina Ra3ire7. a child belo# 6 *ears of a4e.

it beco3es even 3ore difficult. She should have =no#n that she #as supposed to ans#er all @uestions and not onl* those to #hich ans#ers had been rehearsed. !astillo. '++. (. pp. de3anded b* la# for a conviction. pp. !asinillo. %TSN.. )ul* ((. Ae do not a4ree. he could not re3e3ber #ho arrested hi3 and #hat ti3e he #as brou4ht to 8ail because he #as too drun=. Thus: >: Do *ou =no# this person #ho is the accused in this case b* the na3e of )i33* Mi8anoK $: %Aitness noddin4 her head. De la !ru7. 0abris. althou4h innocent.S!R$ . $ccordin4 to hi3. '++. Ha7elLs testi3on* on the rape perpetrated a4ainst her is clear and could have onl* been narrated b* a victi3 sub8ected to that seBual assault. hence. for the person accused. the !ourt is no# constrained to rel* on the observations of the trial court in the appreciation of testi3on*. (1&.. ho#ever. Dina identified the accused in open court.& >: Ahat do *ou 3ean b* noddin4 *our head. it does appear that the 3ain issue raised b* accused/appellant is the credibilit* of victi3 Ha7el Ra3ire7.n t In the instant case. )ust as often. #hile the* #ere havin4 a drin=in4 spree. her entire testi3on* should be stric=en off the record for lac= of proper ans#ers durin4 cross/eBa3ination. Man* ti3es has this !ourt said that in revie#in4 rape cases. be 4iven #ei4ht to disprove the char4e a4ainst hi3. $rnulfo Valiente corroborated the testi3on* of Dina Ra3ire7. !asinillo. Hence. In the instant appeal.police su44ested that Ha7el be brou4ht to the N<I. said court bein4 4iven the opportunit* not e@uall* en8o*ed b* the appellate courts. is in a better position to for3 an accurate i3pression and conclusion %People vs. and the evidence for the prosecution 3ust stand or fall on its o#n 3erits and should not be allo#ed to dra# stren4th fro3 the #ea=ness of the evidence for the defense %People vs.. Ho#ever. the testi3on* of the co3plainant 3ust al#a*s be scrutini7ed #ith 4reat caution. $ccused has a reputation for 3olestin4 #o3en and even rapin4 the3 #henever he is drun=. pp. supra&. $bsolute certaint* of 4uilt is not. (/. 6. 9i=e#ise. the issue boils do#n to the credibilit* and stor* of the victi3. The third #itness for the prosecution #as the victi3 herself.&. Ha7elK $: No ans#er. Ahile the co33ission of the 3a* not be eas* to prove. it #ill be 4uided b* the settled realities that an accusation for rape can be 3ade #ith facilit*. the instant revie# and appeal. %TSN. ('1 S!R$ 666 F'++(G&. 1âwphi1. . )ul* (+. It is sufficient that 3oral certaint* as to the presence of the ele3ents constitutin4 the offense.. ho#ever. as invariabl* in al3ost all rape cases. Nove3ber 2. $ccused/appellant clai3s that the child/#itness #as too *oun4 to =no# the si4nificance of an oath because she could not ans#er @uestions. Nor *et can his clai3 that he #as too drun= to =no# #hat transpired at the ti3e #hen the rape #as co33itted. accused/appellant.G&. Ha7el identified the accused in open court. The defense is based on the testi3on* of its sole #itness.' S!R$ 2+1 F'++. The !ourt has 3eticulousl* 4one over the testi3on* of the victi3 and ulti3atel* reaches the dispiritin4 conclusion that the act co3plained of did occur. he #as at ho3e @uaffin4 alcoholic drin=s #ith his friends. therefore.. The trial court did not accord credence to the testi3on* of accused/appellant. as #ell as of the identit* of the offender be established %People vs. The Medico 9e4al Officer advised the3 to brin4 Ha7el to the P0H because the* cannot eBa3ine her va4ina #hich #as bleedin4 profusel*.1 F'++. (. In vie# of the intrinsic nature of the cri3e of rape #here onl* t#o persons nor3all* are involved. anchored on a sin4le enco3passin4 and catch/all ar4u3ent that the trial court erred in findin4 accused/appellant 4uilt* be*ond reasonable doubt of the cri3e char4ed. to disprove that he did not co33it the cri3e. "ive/*ear old Ha7el Ra3ire7 herself confir3ed that the penis of )i33* Mi8ano #as inserted into her va4ina. pointin4 out in its decision that the defense denial and accused/appellantLs alibi that he #as at ho3e a drin=in4 spree #ith alle4ed friends he could not identif*. for #hat reason he #as not a#are. '++. (/1&.G? People vs.2 S!R$ ((+ F'++2G& and. and he failed to in@uire fro3 the arrestin4 officer #h* he #as 8ailed %tsn. '++. It has thus since beco3e doctrinal that the evaluation b* the trial court of testi3onial evidence is accorded 4reat respect because it has the direct chance to observe first hand the de3eanor of the #itness on the stand %People vs. he could not recall ho# 3an* the* #ere and neither could he 4ive their na3es.. at around ( oLcloc= in the afternoon. he #as suddenl* arrested. deserve no serious preoccupation of the 3ind. He denied the char4es and testified that on Ma* '.

S!R$ 6. Veril*. . #hen as=ed b* the interpreter. I #ithdra#. Ha7el cannot be eBpected to re3e3ber ever* u4l* detail of the appallin4 outra4e.& $ccused/appellant atte3pts to discredit the victi3Ls testi3on* b* assailin4 her attitude and behavior durin4 cross/eBa3ination. napa=asa=it po. and naive . Thus. Ahen a #o3an. (6' S!R$ (11 F'++6G&. sir. #hat did he do #ith his titi to *ouK $: Ipinaso= ni*a sa pe=pe= =o. to ans#er the @uestions. Ha7el. She 8ust continued to cr*. >: Aill *ou please elucidate before this !ourt.F'++6G&. #itness cries aloud. her 3other Dina Ra3ire7. Sancholes. no rule in cri3inal 8urisprudence is 3ore settled than that alibi is the #ea=est of all defenses and should be re8ected #hen the identit* of the accused has been sufficientl* and positivel* established b* e*e#itnesses to the cri3e %People vs. >: Ahen )i33* Mi8ano inserted his penis into *our va4ina. %Aitness cr*in4 as she points to a person inside the courtroo3 #ho./*ear old 4irl that this !ourt. she sa*s in effect all that is necessar* to sho# that rape #as co33itted %People vs. or an*one for that 3atter.(6 F'++6G&. 3ore so if she is a 3inor. cannot possibl* be 4iven 3ore probative #ei4ht than the clear and positive identification provided b* no less than three credible e*e#itnesses in the persons of Ha7el Ra3ire7. <ein4 a child and a victi3 of rape. #hen victi3 Ha7el #as as=ed to illustrate ho# accused/appellant inserted his penis into her va4ina. #holeso3e. !aba*ron. (61 S!R$ '2( F'++6G&. In the case at bar. The testi3on* of Valiente pointin4 to accused/appellant as the perpetrator of the cri3e and positive. it is not ri4ht to 8ud4e the actions of a child #ho has under4one a trau3atic eBperience b* the nor3s of behavior eBpected under the circu3stances fro3 nor3al and 3ature people %People vs. #hat did *ou feelK $: I felt ver* painful. and Ha7el #as 8ust too da7ed and sha=en up. >: Eou said *ou sa# the titi of Ou*a )i33* Mi8ano. accused/appellantLs alibi that at the Ha7el #as bein4 raped he #as at ho3e 4ettin4 drun= #ith his friends.( F'++6G&. (6. >: Ahat happened to *our pe=pe= #hen Ou*a )i33* Mi8ano inserted his penis to *our va4inaK $: It #as bleedin4. sa*s that she has been raped. She #as then forth#ith cross/eBa3ined defense.>: No#. (6( S!R$ 1. Rabosa. it 3ust be borne in 3ind that the victi3 is an innocent. Moreover. Such scenario evidentl* stren4thens the clai3 of the victi3 that she #as seBuall* abused b* accused/ appellant. In fact. Tadulan. ans#ered b* the na3e of )i33* Mi8ano& >: Ah* are *ou cr*in4K $re *ou an4r* to )i33* Mi8anoK $: Ees. <utron. She cannot be eBpected to 3echanicall* =eep and narrate an accurate account of the horrif*in4 eBperience she had under4one %People vs. @ Ahat else did *ou seeK a Ha7el #as e3braced. please stand up and point to hi3K $: That person. can not eBpect to articulate and verbali7e ans#ers to all the @uestions thro#n at her. sir. (6' S!R$ . she could no lon4er 4ive an ans#er and instead cried aloud. her testi3on* should be eBpected to be acco3panied b* e3otional overtures. sir. due b* the probabl* to havin4 to recall trau3atic eBperience. Ho#ever. Ha7elLs testi3on* is 4iven full #ei4ht and credit. and their nei4hbor $rnulfo Valiente. Aill *ou please illustrate ho# )i33* Mi8ano inserted his penis into *our va4inaK $: %No ans#er. thusl*: @ $nd #ho #as the co3panion if an* of Ha7el in that areaK a She #as #ith other children and )i33* Mi8ano. and not other#ise. Instead. especiall* so since she 3i4ht in fact have been tr*in4 not to re3e3ber the3 and to erase the3 fro3 her 3ind %People vs. if I sa* that *ou =no# )i33* Mi8ano and he is inside the courtroo3.

the accused in this case&. . sir. M* child #as then pla*in4 and then 3* child to4ether #ith her children #as brou4ht b* )i33* a#a* fro3 our house called the Helen !astral St. '++. sir. ValienteLs account of the incident finds support in Dina Ra3ire7L stor* recountin4 her dau4hterLs horrif*in4 eBperience J @ If this )i33* Mi8ano * Ta3ora is inside the court roo3. @ Then #hat happened #hen *ou ca3e to =no# *our dau4hter Ha7el #as #ith other children #ith the accused at Helen !atralK a It #as li=e this in the afternoon it #as dri77lin4. could *ou tell this Honorable #hat #ere *ou doin4K a In the 3ornin4 of Ma* '. I #ent out of the street but I #as unable to see 3* child and sa# one $rnulfo Valiente standin4 on the street and as=ed hi3 if he sa# 3* child and ans#ered CEes I sa# her to4ether #ith )i33* at Helen !atral StC. sir. sir. @ $nd *ou sa# hi3 #ith *our t#o e*es on top. @ 9et 3e ta=e *ou bac= on Ma* '.. @ !ould *ou please stand up and de3onstrate before this Honorable !ourt ho# )i33* Mi8ano e3braced Ha7elK Ma* #e as= the 3other supposed she is Ha7elK a )i33* Mi8ano e3braced the child #hile the #hile #as facin4 her bac= to#ards the accused and the hands of )i33* Mi8ano #as pressed at the nipple of Ha7el Ra3ire7. %Aitness pointin4 to a person in *ello# T/shirt #ho stood up and ans#ered to the na3e of )i33* Mi8ano. @ Did *ou 4o to the place #here *ou described as Helen !atralK a Ees. @ In the afternoon. please point at hi3K a There. sir.@ <* #ho3K a )i33*. in the afternoon Mada3 AitnessK a Ees. @ Did *ou see if the bod* of )i33* Mi8ano #as 3ovin4 side#ards or up and do#nK a I did not notice I sa# onl* he #as on top of the child. @ Eou stated a #hile a4o accused is *our nei4hbor #ill *ou please tell us #hat place are *ou a nei4hbor of )i33* Mi8anoK a Inside the !arnival Par= J 9ooban #e are nei4hbors. I #as then #ashin4 clothes #hile accused )i33* Mi8ano to4ether #ith his friends #as havin4 a drin=in4 session under our house. sir. @ Eou are tellin4 us that )i33* Mi8ano #as also na=edK a Ees. sir... I as=ed 3* childLs pla*3ates the #hereabout of Ha7el #ho told 3e that )i33* #as pla*in4 #ith the3 and then I beca3e suspicious and started loo=in4 for 3* child. '++. sir. @ $nd tell this Honorable !ourt #hat #as )i33* doin4 in that 4rass* portion of Helen !atralK a He as on top of the child and has no pants. #ith na=ed buttoc=sK a Ees. BBB BBB BBB @ Ahere did *ou find the second ti3e )i33* Mi8ano the accused in this caseK a $t the 4rass* area.

9et 3e clarif* Mada3 #itness #hen *ou #ent there after a fe# 3inutes also in the place of Helen !atralK a Ees. @ Aill *ou tell this Honorable !ourt. The* cannot eBa3ine the va4ina because of the profuse bleedin4. Prosecution #itness Dr. @ Ahat happened at the N<I Mada3 AitnessK a Ae #ere advised to brin4 the child to the P0H. sir. @ In #hat place did *ou see Ha7elK a $t Helen !atral. @ Ahat else did *ou see.@ Aho #as *our co3panion in 4oin4 to Helen !atralK a $rnulfo Valiente. . oLcloc= in the afternoon. @ Aill *ou please tell this Honorable !ourt #hat #as the condition of *our dau4hter #hen *ou sa# herK a Ahen I sa# 3* dau4hter she #as pale and #hen $rnulfo Valiente lifted her #e sa# her va4ina #as bleedin4. #hat #ould have caused this lacerationK Aould it have been caused b* a penisK $ It is hi4hl* probable #ith the histor* 4iven. @ Eou stated a #hile *ou brou4ht *our dau4hter to the police station here after *ou brou4ht *our dau4hter to this police station of 9as PiMas. #hat happened neBtK a The police su44ested that 3* dau4hter be brou4ht to the hospital because of the profuse bleedin4 and #e #ent directl* to the N<I. sir. if an*K a She #as bleedin4 profusel* and her va4ina #as in8ured. @ Ho# about her clothin4K a Ae #ere not able to see her clothes eBcept her blouse #hich she #as #earin4 and she has no pant* and s=irt. sir. sir. Stella 0uerrero Manalo confir3ed the clai3 of victi3 Ha7el Ra3ire7 that she #as raped to #it: > On *our o#n 3edical and professional opinion based on the ph*sical eBa3ination *ou conducted on the person of the victi3. @ Ahen *ou #ent to the said Helen !atral #here *ou able to see *our dau4hter Ha7elK a I #as not able to see her but it #as $rnulfo Valiente #ho first sa# her. $nd on the basis of the histor* that I 4athered fro3 the child. @ Ahen *ou reached Helen !atral #hat did *ou observe if an*K a The place is a 4rass* area and near <acoor and there is a river. "urther3ore. @ $nd #hen #as the ti3e *ou sa# *our dau4hterK a $t around . the eBa3ination of the victi3Ls under#ear 4ave positive result for se3inal stains. I #ould sa* that it #as a case for rape. @ Ho# about the other part of the bod* did *ou observe an* in8ur* or contusionK a She has abrasion on the ri4ht hip.

upon the finalit* of this decision. BBB BBB BBB $pparentl*.. (. uneducated. to ans#er the @uer*. $ !o33entar*. )ul* 1. of Republic $ct No. the defense neither identified nor presented an* of the alle4ed drin=in4 partners of accused/ appellant. !$. co3passion for the poor is an i3perative of ever* hu3ane but onl* #hen the recipient is not a rascal clai3in4 an undeserved privile4e %!ecilleville Realt* and Service !orporation vs. The la# punishes #ith death a person #ho co33it rape a4ainst a child belo# seven *ears of a4e. to the contrar*..S!R$ -'+ F'++6G&. The evidence pointin4 to accused/ appellant as the perpetrator of the cri3e is over#hel3in4. 6. the uneducated.. The e@ualit* the !onstitution 4uarantees is le4al e@ualit* or. the !ourt fails to find an* serious fla# in the testi3on* of the prosecution #itnesses nor in the conclusions of the trial court #hich.. '++-&. unsupported aver3ent. (6... In accordance #ith Section (.+ is unconstitutional insofar as it prescribes the death penalt*. are li=e#ise a#arded #ithout need for proof of the basis thereof. Thus. 6. !ourt of $ppeals. a3endin4 $rticle -1 of the Revised Penal !ode.F'++6G&...&.. p.. the civil inde3nit* to be a#arded to the offended part* is and should be P6. appear to be properl* founded on the direct.. '+-6 ed. (.. accused/appellant in his repl* brief contends that the death penalt* la# is violative of the e@ual protection clause of the '+-6 !onstitution because it punishes onl* people li=e hi3. No special pronounce3ent is 3ade as to costs... sub8ect to the 3odifications above/stated.. It applies to all persons and to all classes of persons J rich or poor. and cate4orical state3ents 3ade b* Ha7el and her #itnesses in 3ost 3aterial points. as veril*. !che"ara# %supra& that Republic $ct No. No particular person or classes of persons are identified b* the la# a4ainst #ho3 the death penalt* shall be eBclusivel* i3posed. each individual is dealt #ith as an e@ual person in the la#. Prades %0.+. and the 8obless. 3oral da3a4es in the a3ount of P. The !onstitution of the Republic of the Philippines.. che4ara*. Republic $ct No. ... 1âwphi1. No. and lac=s catechetical instruction. "urther./*ear old 4irl does not absolve or eBe3pt accused/appellant fro3 the i3position of the death penalt* b* the fact that he is poor..-( F'++6G&. In addition.n t AH R "OR .. the e@ualit* of all persons before the la#.. the decision of the trial court findin4 accused/appellant )i33* T. the* nonetheless sub3it to the rulin4 of the 3a8orit* that the la# is constitutional and that death penalt* should herein accordin4l* be i3posed. Ahen the victi3 is a reli4ious or a child belo# seven %6& *ears old.6 S!R$ '. Mi8ano 4uilt* of Statutor* Rape and sentencin4 hi3 to suffer the severest penalt* of death is hereb* $""IRM D. positive. Ae have ti3e and a4ain e3phasi7ed that our courts are the fora for a protracted debate on the 3oralit* or propriet* of the death penalt* #here the la# itself provides punish3ent for specific and #ell/defined cri3inal acts %People vs. 6. "inall*.6 S!R$ . . '(6.+ specificall* provides: BBB BBB BBB The death penalt* shall also be i3posed if the cri3e of rape is co33itted #ith an* of the follo#in4 attendant circu3stances: BBB BBB BBB 2.. In su3.... as eBe3plar* da3a4es as a deterrent a4ainst or as a ne4ative incentive to curb sociall* deleterious actions %Del Rosario vs. as it is usuall* put. educated or uneducated. the perpetration of rape a4ainst a . 8obless.R.+. it is to be noted re3ained but a star=.. the death penalt* la# 3a=es no distinction.$ccused/appellantLs alibi that he #as drun= #ith his friend #hen the rape #as co33itted.. To hold other#ise #ill not eli3inate but pro3ote ine@ualities. #hich does not treat the person differentl* of #ho he is or #hat he is or #hat he possesses %<ernas. $ppl*in4 the ne# polic* laid do#n in the case of People vs.. accused/appellant is liable to pa* the victi3 the su3 of P(.. let the records of this case be forth#ith for#arded to the Office of the President for possible eBercise of the pardonin4 po#er. as it should be. reli4ious or non/reli4ious. 9astl*. $lthou4h four )ustices of the !ourt continue to 3aintain their adherence to the separate opinions eBpressed in People vs.. Dnder this 4uarantee.

C The other incidents #ere alle4edl* co33itted on )ul* (. are si3ilarl* #orded as follo#s: CThat on or about )ul* '. San Pedro. She could not shout as fear overca3e her #hen she sa# an4er fro3 accused/appellant5s face. accused/appellant straddled her..-/SP9 to . the trial court.C penali7ed under Section . 3ashin4 her breast and touchin4 her private parts a4ainst her #ill and consent. In an Order1 dated )ul* '.. This ti3e. co3plainant #as '6 *ears old. )ul* (. #ith force and inti3idation co33it acts of lasciviousness upon the person of his '6/*ear old dau4hter ROS$9I $<$DI S E M$NDN0H$E$ b* =issin4. outside the territorial 8urisdiction of the court. $rticle III and Section 1'.. at about the sa3e ti3e.. co3plainant #as once 3ore roused fro3 her sleep b* accused/appellant 3ashin4 her breast.. 6. . plaintiff/appellee. Bploitation and Discri3ination $ct. . '+++. dated Ma* (. accused/appellant entered a plea of not 4uilt* and hence. She reached out for the blan=et of her brother.. !o3plainant did not tell her 3other about the incident for fear of accused/ appellant. !o3plainant #as a4ain a#a=ened in the earl* 3ornin4 of )ul* 6. Province of 9a4una. No+. a.-0 $'(" 11. and #ithin the 8urisdiction of this Honorable !ourt. Durin4 the arrai4n3ent.2 !o3plainant testified that on )ul* '. 9a4una. accused/appellant. 6.'/ SP9. accused/appellant desisted onl* #hen co3plainantLs 3other arrived fro3 the store. 2002 PEOPLE OF T%E P% L PP NES. The follo#in4 da*. )ul* 1. at <4*.: This is an appeal fro3 the decision' of the Re4ional Trial !ourt of San Pedro. co3plainant #as a4ain 8olted fro3 her sleep b* accused/appellant #ho #as touchin4 her breast. The fa3il* sleeps to4ether in one roo3 and usuall* !atalina #a=es up earl* in the 3ornin4 to bu* bread.. at about . !o3plainant ran to the bathroo3 #here she shed tears.'.R. The neBt da*. '++6. 6 and (. She started to cr* and as=ed accused/appellant #h* he #as abusin4 her. 9anda*an. havin4 been born on )ul* (+. in five separate Infor3ations ( #hich. in !ri3inal !ase Nos. '++6. She fou4ht accused/appellant #hen he tried to re3ove her hands. $ccused/appellant si3pl* continued touchin4 her.. $ccused/appellant $badies #as char4ed #ith a violation of Republic $ct No. '++6.. 9a4una. )onathan. dis3issed !ri3inal !ase No. vs.. '++6 b* accused/appellant touchin4 her breast. hence.. eBcept for the dates of co33ission. #ho #as sleepin4 beside her in a bid .3. inserted his hand inside her shorts and touched her private part. On the dates 3aterial to these cases. %b&. '++6.'. $OSE A#AD ES " CLAVER A. !atalina Manun4ha*a. 13&346. It #as durin4 these short periods of ti3e #hile !atalina #as out of the house that the abuses too= place. he stopped onl* #hen his #ife arrived fro3 the store. and sentencin4 hi3 for each count to suffer the penalt* of reclusion perpetua and to pa* a fine of P1. or the CSpecial Protection of !hildren $4ainst !hild $buse. )onathan and co3plainant Rosalie. she #as sleepin4 in their house #hen she #as a#a=ened b* so3ebod* touchin4 her breast and other private parts of her bod*. She covered herself #ith a blan=et and #ith her hands. '++6. She #as startled to see her father. 1. in the Municipalit* of San Pedro... said accused actuated b* le#d desi4n did then and there #ilfull*.. unla#full* and feloniousl*. !o3plainant stru44led #ith accused/appellant as he persisted in 3ashin4 her breast. $4ain.. '++-. PUNO.:. $4ain... '+-. and she covered her breast #ith a pillo#.n t !ONTR$RE TO 9$A. Pulo. 1âwphi1. $rticle III thereof.. The facts sho# that accused/appellant has been livin4 for the past t#ent* *ears #ith his co33on/la# #ife.6/SP9 on the 4round that the cri3e char4ed appears to have been co33itted in 9as PiMas !it*. J. upon 3otion of the public prosecutor. to4ether #ith their t#o children.. trial ensued. !o3plainant resisted and re3oved accused/appellant5s hand. Philippines..Republic of the Philippines SUPREME COURT Manila THIRD DIVISION G. accused/appellant. findin4 accused/appellant )ose $badies 4uilt* be*ond reasonable doubt of four counts of violation of Republic $ct No. $ccused/appellant #as forced to stop onl* #hen co3plainantLs 3other arrived fro3 the store.

Ae also accord 4reat #ei4ht to the findin4s of the trial court havin4 heard the #itnesses and observed their deport3ent and 3anner of testif*in4 durin4 trial.. or The Special Protection of !hildren $4ainst !hild $buse. He contends that it is difficult to co3prehend #h* co3plainant did not shout or do an*thin4 to as= help fro3 her brother #ho #as sleepin4 beside her. and even inflicts ph*sical har3 on the3 #hen the* disobe* hi3. The penalt* of reclusion temporal in its 3ediu3 period to reclusion perpetua shall be i3posed upon the follo#in4: BBB BBB BBB %b& Those #ho co33it the act of seBual intercourse or lascivious conduct #ith a child eBploited in prostitution or sub8ected to other seBual abuse? B B B. !o3plainant and her 3other then proceeded to the baran4a* office #here the* 3ade a report. $ccused/appellant stands char4ed #ith violation of Republic $ct No. She li=e#ise disclosed the past abuses of accused/appellant. accused/appellant started to sharpen his sic=le. or an* other consideration or due to the coercion or influence of an* adult. $ccused/appellant proffered the defense of denial and alibi.C The ele3ents of the cri3e of acts of lasciviousness are: %'& that the offender co33its an* act of lasciviousness or le#dness? %(& that it is done %a& b* usin4 force or inti3idation or %b& #hen the offended part* is deprived of reason or other#ise unconscious. specificall* $rticle III. Child Prostitution and Other Sexual Abuse.. accused/appellant #as arrested. accused/appellant #rote her a letter fro3 his detention cell as=in4 for for4iveness. . $ccused/appellant li=e#ise contends that there eBists no factual basis for the trial court to consider his plea of for4iveness in his letter to co3plainant as an i3plied ad3ission of 4uilt. he #arned co3plainant not to tell her 3other about the incident. Ho#ever. !o3plainant threatened to end her life because she felt she #as to be bla3ed for their proble3s. He ordered co3plainant to #rite a letter to her 3other and revealed that he #as plannin4 to =ill hi3self and co3plainant. Bploitation and Discri3ination $ct. $ !hildren. to 6:1. He testified that on the dates of the alle4ed incidents. s*ndicate or 4roup. are dee3ed to be children eBploited in prostitution and other seBual abuse.. The ar4u3ent is specious.'.. The !ourt has probed into the records to assess co3plainantLs credibilit* and #e find that her testi3on* deserves full faith and credit. The appeal is not i3pressed #ith 3erit. 6. she narrated to her 3other her ordeal. his 3oral ascendanc* over her is a sufficient substitute for the use of force or inti3idation. '++6. Section . Ahen co3plainant refused.6 . and that she could not shout or fi4ht bac= because she #as afraid of accused/appellant.. he #o=e up bet#een 6:. profit. He denies havin4 co33itted acts of lasciviousness a4ainst co3plainant. #hether 3ale or fe3ale. he as=ed co3plainant #hat #as happenin4 to their lives as his children #ere aloof #ith hi3. accused/appellant asserts that the court a @uo erred in findin4 the prosecutionLs version 3ore credible and in convictin4 hi3 despite the i3plied pardon 4iven b* co3plainant. '++6. $ccused/appellant also declared he #as too strict #ith his children. %b& thereof #hich reads: CS !. he stopped. !o3plainantLs testi3on* #as strai4htfor#ard and free fro3 contradiction as to an* 3aterial point. In the present appeal. He also testified on the reason #h* the char4es at bar #ere filed a4ainst hi3.to #a=e hi3 up. accused/appellant forced her inside the bedroo3 #here he threatened co3plainant to choose #hether he #ould =ill her or rape her. '++6. $lthou4h accused/appellant #as not ar3ed nor did he threaten co3plainant. Nobod* #as in the house and stran4el*. #ho for 3one*.. indul4e in seBual intercourse or lascivious conduct. He also clai3s that if the char4es #ere true. The testi3on* of co3plainant that accused/appellant touched and 3ashed her breasts and other private parts of her bod* a4ainst her #ill. on )ul* (. sufficientl* constitute acts of lasciviousness under the fore4oin4 provision. !o3plainant further testified that on Dece3ber . he #ould leave for #or=.. $ccused/appellant started =issin4 co3plainant but the latter #as able to run a#a* fro3 hi3. co3plainant #as brou4ht b* accused/appellant to the house of her stepsister in 9as PiMas. $ccused/appellant faults the trial court in 4ivin4 credence to the testi3on* of co3plainant. On )ul* (. $lle4edl*. !o3plainant reached their house and sa# her 3other. Ahen accused/appellant sa# that )onathan #as about to turn. a.3. On the stren4th of their co3plaint. !r*in4 and loo=in4 ver* pale. it is inconceivable #h* co3plainant did not i33ediatel* tell her 3other. or %c& #hen the offended part* is under '( *ears of a4e? and %1& that the offended part* is another person of either seB.? that co3plainant and her 3other #ere alread* preparin4 brea=fast? and after eatin4 brea=fast.

This provision . accused/appellantLs si3ple denial of the cri3e char4ed is inherentl* #ea=.'.. 4uardian.C The ar4u3ent #ill not hold. $rticle 122 of the RP! and Section . #ho eBercised 3oral ascendanc* over her. it is no# hoar* 8urisprudence that lust is no respecter of ti3e and place for rape has been co33itted in places #here people con4re4ate. the supposed pardon cannot be i3plied fro3 the fact that the co3plainant did not i33ediatel* reveal to her 3other her defloration. the relationship of co3plainant and accused/appellant is established b* the birth certificate of co3plainant #hich sho#s that accused/appellant is her father. accused/ appellant5s plea of for4iveness should be received as an i3plied ad3ission of 4uilt. provides for the penalt* of i3prison3ent. 1 and 6. rape and acts o( lasciviousness.+ There is no iota of doubt that accused/appellant #as as=in4 for4iveness for havin4 co33itted the acts #ith #hich he no# stands char4ed.. So3e people 3a* cr* out. Section 1' %c&. The i3posable penalt* prescribed under Section . $rticle II of Republic $ct No. Ae do not a4ree. or 4uardian. $ccused/appellant li=e#ise contends that he #as i3pliedl* pardoned b* the co3plainant. He deduced the purported i3plied pardon fro3 co3plainant5s testi3on* that she did not disclose to her 3other the dastardl* acts co33itted b* accused/appellant on )ul* '. abduction. of the Revised Rules of !ri3inal Procedure provide that the pardon 3ust be eBpress and cannot be based on ha7* deduction. seduction. "or accused/appellant5s denial to prevail.'. 122. shall not be prosecuted eBcept upon a co3plaint filed b* the offended part* or her parents. concubina"e. #e have also ruled that no standard for3 of behavior has been observed #hen a person is confronted b* a shoc=in4 or a harro#in4 and uneBpected incident. x x x Paran" awa mo na *e hirap na hirap na a&o at an" lahat a# buon" puso &o n" pina"sisisihan. Section 1' %f&. It is ne4ative evidence #hich cannot overco3e the positive testi3onies of credible #itnesses. BBB BBB BBB The offenses of seduction. an offer of co3pro3ise b* the accused 3a* be received in evidence as an i3plied ad3ission of 4uilt. $ccused/appellant posits the thesis that the failure of co3plainant to report the first four acts of lasciviousness is tanta3ount to an i3plied pardon. provided that the sa3e is to be ad3inistered as a cash fund b* the Depart3ent of Social Aelfare and Develop3ent and disbursed for the rehabilitation of each child victi3. 6. $rticle II of Republic $ct No.'. Second. eBcept those involvin4 @uasi/ offenses or those allo#ed b* la# to be settled throu4h 3utual concessions. This relationship is further supported b* the testi3onies of co3plainant and her 3other. stepparent or collateral relative #ithin the second de4ree of consan4uinit* or affinit*. So3e of the pertinent portions read as follo#s: C% made this letter to as& #our '(or"iveness.+ Indeed. "irst. Prosecution o( the crimes o( adulter#. Rule ''. for the #or=in4s of the hu3an 3ind. is reclusion temporal in its 3ediu3 period to reclusion perpetua.!o3plainantLs failure to disclose about her 3isfortune to her 3other does not destro* her credibilit*. x x x. it 3ust be buttressed b* stron4 evidence of non/culpabilit* and there is none. '++6 and that she had not intended to file char4es a4ainst hi3. nor. Patawarin mo na a&o ana&.'. $ccused/appellant ad3itted that his children #ere afraid of hi3 because he #as ver* strict #ith the3. even in the sa3e roo3 #here other 3e3bers of the fa3il* are sleepin4. rape or acts of lasciviousness. $ccused/appellant #as co3plainant5s o#n father.) x x x Alam mo ban" sobra$ sobra na an" pa"sisisi &o sa "inawa &on" i#on. $ cursor* readin4 of the relevant parts of the letter #ill readil* sho# that accused/appellant #as indeed see=in4 pardon for his 3isdeeds. In the cases at bar. 1âwphi1. abduction. (. Hence. as #ell as that of accused/appellant. Nevertheless. and that there #ere occasions #hen he #ould hit the3 #ith an*thin4 that he could 4et hold of or inflict ph*sical punish3ent #henever the* disobe*ed hi3. Settled is the rule that in cri3inal cases. #hile others 3a* *et appear to *ield to the intrusion. !o3plainant eBplained that she did not tell her 3other about her ordeal because she #as afraid of accused/appellant.n t It #ill be noted that Section ..'' On the other hand. #hen placed under e3otional stress. so3e 3a* be shoc=ed into insensibilit*. 6. it #as her fear of accused/appellant #hich restrained co3plainant fro3 reportin4 the incidents to her 3other. or an* i33ediate 3e3ber of his fa3il* if the latter is the perpetrator of the offense.'2 Dnder the circu3stances. '++6. no one #ould as= for for4iveness unless he had co33itted so3e #ron4 and a plea for for4iveness 3a* be considered as analo4ous to an atte3pt to co3pro3ise. the trial court did not err in appreciatin4 the 4eneric a44ravatin4 circu3stance of relationship and in i3posin4 the penalt* of reclusion perpetua for each count of lascivious conduct co33itted b* accused/appellant a4ainst his dau4hter. He alle4ed that the present char4es #ere filed a4ainst hi3 onl* after the 9as PiMas incident #hich happened on )ul* (. $rticle III %!o33on Penal Provisions& thereof allo#s the i3position of a fine sub8ect to the discretion of the court.'( $ccused/appellant further contends that there is no factual basis for the trial court to conclude that the plea for for4iveness contained in his letter is to be dee3ed as an i3plied ad3ission of 4uilt. He relies on $rticle 122 of the Revised Penal !ode #hich provides: C$RT. parent.'1 videntl*. as the case 3a* be. are unpredictable. $rticle III thereof provides that the penalt* in its 3aBi3u3 period shall be i3posed #hen the perpetrator is an ascendant.. Moreover.This is enou4h reason for co3plainant to be co#ed into silence. It is of no 3o3ent that co3plainant failed to shout for help #hile she #as bein4 3olested #ith her brother sleepin4 beside her in the sa3e roo3. in an* case. if the offender has been eBpressl* pardoned b* the above na3ed persons.. B B B. so3e 3a* faint. 4randparents. $s earlier stated.

.... the 0eneral $sse3bl* of the Dnited Nations adopted on Nove3ber (. political.. . Ca3a4 $12. Our dut* does not end here thou4h. and sentencin4 hi3 to suffer the penalt* of reclusion perpetua and to pa* a fine ofP1. in the cases at bar. The need of children for special protection #as 4iven reco4nition b* the nations of the #orld as earl* as '+(2 #hen the asse3bl* of the 9ea4ue of Nations endorsed the Declaration of the Ri4hts of the !hild %co33onl* =no#n as The Declaration of 0eneva& #hich focused on childrenLs #elfare. 3oral da3a4es should be a#arded in the a3ount of P.. procedural rules applicable specificall* to cases involvin4 children have alread* been approved b* the !ourt such as the Rules on Ba3ination of a !hild Aitness. en8oinin4 trial courts to act #ith dispatch on all cases involvin4 children.. <ranch +1..... '+-+ the !onvention on the Ri4hts of the !hild %!R!&. on !o33it3ent of !hildren. and the vital role of international cooperation in securin4 childrenLs ri4hts. 6... 0+. 9a4una..... includin4 but not li3ited to pedophilia. $a12. ps*cholo4ical and social needs. To date.is in accord #ith $rticle 1+ of the !onvention on the Ri4hts of the !hild.. social and cultural / of children..#hile the eBecutive depart3ent has issued various eBecutive orders and procla3ations in order to 4ive teeth to the i3ple3entation and enforce3ent of these la#s.. '+ These international instru3ents and national le4islation e3phasi7e that the pri3odial consideration in decidin4 issues and cases involvin4 children is the #elfare and best interests of the child. '6 It is reassurin4 to note that #e are not la44in4 far behind on the do3estic front. porno4raphic perfor3ances and others&. specificall* their econo3ic.. #hich incorporates the full ran4e of hu3an ri4hts / civil. for each count.(. No costs.'. The !onvention stresses the dut* of the state to ta=e all the necessar* steps to protect children fro3 bein4 seBuall* abused %as in rape. In addition. econo3ic... the Supre3e !ourt has issued $d3inistrative !ircular No. Hence. !on4ress has enacted a nu3ber of la#s relatin4 to the protection of childrenLs #elfare and ri4hts. for each count. the trial court correctl* i3posed a fine of P1.. findin4 accused/appellant )OS $<$DI S 4uilt* be*ond reasonable doubt of four counts of violation of Republic $ct No. #hich stresses the dut* of states parties to ensure the ph*sical and ps*cholo4ical recover* and social reinte4ration of abused and eBploited children in an environ3ent #hich fosters their self/respect and hu3an di4nit*... SO ORDERED... as cash fund for the rehabilitation of the victi3 and 3oral da3a4es in the a3ount of P... child labor and child abuse cases. the accused #as ordered to pa* a fine of P(. bearin4 in 3ind al#a*s the #elfare and protection of children. to #hich the Philippines beca3e a part* on $u4ust ('. in !ri3inal !ase Nos... 3olestation and incest& or eBploited %forced or induced into prostitution.. and on )uveniles in !onflict #ith the 9a#. for each count of lascivious conduct co33itted b* accused/appellant.. is hereb* AFF RMED #ith the MOD F CAT ON that accused/appellant is hereb* ordered to pa* 3oral da3a4es in the a3ount of P. $s the hi4hest court of the land. In the case of P. $s a final note... . and statutes b* enrichin4 and enhancin4 our 8urisprudence on child abuse cases. 7%EREFORE.. (1/+.'.. "or its part...... for each count of lascivious act co33itted b* the accused..o/(.. a4ree3ents. Reaffir3in4 the fact that children need special care and protection because of their vulnerabilit*. #here a 3inor victi3 #as seBuall* 3olested b* her o#n father. #e dee3 it relevant to stress the escalatin4 a#areness and concern for the protection of the ri4hts of children. Over the past *ears...5...6'... it is incu3bent upon us to 4ive life to all these covenants. the decision of the Re4ional Trial !ourt of San Pedro. for each count. '++./ SP9...-/SP9 to ..