22/02/2017, 12(38 AM

Supreme Court of the Philippines

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670 Phil. 530

SECOND DIVISION
G.R. No. 182237, August 03, 2011
THE PEOPLE OF THE PHILIPPINES, APPELLEE, VS.
TERENCIO FUNESTO Y LLOSPARDAS, APPELLANT.
DECISION
BRION, J.:

We decide the appeal filed by accused Terencio Funesto y Llospardas (appellant)
from the December 13, 2006 decision [1] of the Court of Appeals (CA) in CA-
G.R. CR.-H.C. No. 00415 MIN.

The Factual Antecedents

file:///Applications/batas%20app/cases/G.R.%20No.%20182237,%20August%2003,%202011.htm Page 1 of 8

[5] a child below 12 years old. the appellant restored AAA's panty and returned to his mosquito net. He then forcibly inserted his penis into her vagina. [13] The RTC Ruling The RTC found the appellant guilty of statutory rape in its May 4. Branch 2. [11] Dr. alleged that BBB fabricated the charge due to his rejection of her sexual advances. and felt extreme pain in her abdomen. Butuan City. Teonesto K. 1992. At around 9:00 p.%202011. [7] When BBB returned from the prayer service (held at the residence of a certain Edna M. the prosecution charged [2] the appellant at the Regional Trial Court (RTC). [3] with rape [4] committed on January 15. AAA could not push him away. He also noticed the reddish discoloration of her labia minora. while BBB was at a prayer service. Almonte in observance of the feast of Sto. [8] she noticed blood at the hemline and at the back part of AAA's dress. Upon inquiry.htm Page 2 of 8 . waking up AAA. interposing denial as a defense.%20No. Libertad. The appellant pleaded not guilty to the charge. Mora. Mora (Medical Officer at Cabadbaran District Health Office) testified on the details of the crime. 22/02/2017. BBB.m. and AAA lived in a house in Barangay Marcos. Specimen taken from her genitalia also tested positive for the presence of human spermatozoa. and Dr.%20August%2003. The appellant. then nine years old. found that her hymen was no longer intact. and rejected the appellant's allegation of file:///Applications/batas%20app/cases/G. Due to the extreme pain and numbness in her legs. Magallanes. Niño). It gave credence to the candid testimony of AAA and the corroborating medical findings.%20182237. 12(38 AM RTC convicted for Staturory Rape On June 9.R. and that she had an anterior vaginal laceration. who medically examined AAA. [12] The appellant. [9] BBB wanted to go out to ask for help. AAA disclosed to her what the appellant did to her. 1992. After satisfying his lust. BBB confronted the appellant who denied the allegations and threatened to slap AAA. could hardly urinate. but the appellant threatened to kill her if she reported the incident. AAA. of January 15. [10] BBB brought AAA the following day to the Cabadbaran Emergency Hospital because AAA could not stand. the appellant approached the sleeping AAA. and to extort money. 1992 against AAA. Agusan del Norte. [6] In the trial that followed. and removed her panty. AAA noticed blood in her private parts. 1999 decision. her mother (BBB).

%202011. [18] the Court set out the following guidelines in appreciating age. [15] we referred the case to the CA for intermediate appellate review. 12(38 AM fabrication. the defense did not question AAA's age when she testified that she was nine years old. Our Ruling We affirm the appellant's conviction. the defense would have called its attention while AAA was on the witness stand.000. noting that such award is only for the victims. 2006 decision.000. Pursuant to People v. we see no reason to disturb the RTC's appreciation of the credibility of AAA's testimony. In People v.00 moral damages awarded to BBB.%20182237. 22/02/2017.htm Page 3 of 8 . The assessment of the credibility of witnesses is a domain best left to the trial court judge because of his unique opportunity to observe their deportment and demeanor on the witness stand.00 as moral damages.000. the CA affirmed the RTC's appreciation of AAA's clear. In appreciating the victim's minority to qualify the crime as statutory rape. [16] From the CA.00 as compensatory and moral damages. and to pay BBB P50. Based on the records before us. the case is now with us for final review.%20No. Pruna. either as an element of the crime or as a qualifying circumstance: file:///Applications/batas%20app/cases/G. The CA deleted the P50.%20August%2003. Mateo. the RTC noted that while the prosecution did not present AAA's certificate of live birth to prove her age. [17] We differ from the lower courts' conclusion that AAA's minority can be appreciated to qualify the crime as statutory rape since her minority was not proven by independent evidence. and ordered him to pay AAA P100.R. his findings are binding and conclusive upon this Court when affirmed by the CA. It imposed the penalty of reclusion perpetua on the appellant. and spontaneous testimony that pointed to the appellant as the person who raped her. The CA Ruling In its December 13. The court also observed that if AAA did not look her age of nine years. [14] The RTC forwarded the records of the case to this Court for automatic review. straightforward.

Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances: a. 6. b. or the testimony of the victim's mother or relatives concerning the victim's age. If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old. 5. the testimony. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable. If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old. authentic document. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him.htm Page 4 of 8 .%20August%2003. The trial court should always make a categorical finding as to the age of the victim. of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40. It is the prosecution that has the burden of proving the age of the offended party. In the absence of a certificate of live birth. 3. 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. 22/02/2017. similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.%20No. 2. the prosecution failed to present any certificate of live birth or any similar authentic document to prove the age of AAA when she was file:///Applications/batas%20app/cases/G. if clear and credible. 4.%20182237. the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused. [19] In the present case.R. In the absence of a certificate of live birth. c. If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old. 12(38 AM 1.%202011.

[20] In this case.00 as moral damages. No. Leonardo-De Castro.000. rollo. the appellant is guilty of simple rape under Article 335(2) of the Revised Penal Code. 2006 decision of the Court of Appeals in CA-G. the appellant employed that amount of force sufficient to consummate rape.%202011. Camello and Mario V.000..000. In fact. and concurred in by Associate Justices Edgardo A. (Chairperson).R. [21] On the appellant's civil liabilities. concur. Jurisprudence firmly holds that the force or violence required in rape cases is relative. the December 13.R. Neither did the appellant expressly admit AAA's age.%20182237. a victim in simple rape cases is entitled under prevailing jurisprudence not only to P50. 4-13. Costs against the appellant.htm Page 5 of 8 .00 as exemplary damages.000. This conclusion notwithstanding. 2011. and was properly sentenced with the penalty of reclusion perpetua. Lopez. Jr.000. [1] Penned by Associate Justice Sixto C.%20August%2003.-H. this should be in the present case. 22/02/2017.%20No. SO ORDERED. * Designated as Acting Member of the Second Division per Special Order No.00 as civil indemnity and to an added P50. 00415 MIN is hereby AFFIRMED with MODIFICATION.00 as moral damages. Thus. 1006 dated June 10. file:///Applications/batas%20app/cases/G. the medical findings confirmed AAA's non-virgin state. WHEREFORE. JJ. it does not need to be overpowering or irresistible.00 as exemplary damages to serve as an example to deter persons with perverse or aberrant sexual behavior from sexually abusing children. Carpio. He is also ordered to pay AAA P50. and Sereno. [22] So. and sentenced to suffer the penalty of reclusion perpetua.* Perez. CR. as alleged in the Information. but also to P30.000. 12(38 AM sexually violated.00 as civil indemnity.. P50. pp. and P30.C. it is present when it allows the offender to consummate his purpose. Appellant Terencio Funesto y Llospardas is found guilty beyond reasonable doubt of rape. we find that the prosecution sufficiently proved that force and intimidation attended the commission of the crime. Marella.

22/02/2017. Municipality of Magallanes. in Barangay Marcos. and for Other Purposes". instead. Also. Exploitation and Discrimination. as well as those of her immediate family or household members. p. the personal circumstances of the victim or any other information tending to establish or compromise her identity. 3-4. No. 5142. [6] Records. a woman under 12 years old. at 7. (Records. fictitious initials are used to represent her. 04-10-11-SC. Providing for Protective Measures for Victims. November 11. 1992.%20No. 2006.%20August%2003. 6. 1. Agusan del Norte.R. 167693.%20182237. 42." effective November 15. 502 SCRA 419. [8] Id. [4] See REVISED PENAL CODE. and People v. known as the "Rule on Violence Against Women and Their Children. No. (RA) 7610. to her damage and prejudice. Cabalquinto. "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse. said accused.R.htm Page 6 of 8 . RA 9262. unlawfully and feloniously have carnal knowledge of the complainant. 335. at more or less 9:00 o'clock (sic) in the evening. CONTRARY TO LAW. September 19. at 13. against her will. [9] Id. 1992. is not disclosed. and within the jurisdiction of this Honorable Court.%202011. did then and there willfully. pp. and for Other Purposes". Section 40 of A. at 15-16. by means of force and intimidation. [7] TSN. file:///Applications/batas%20app/cases/G.) [3] Docketed as Criminal Case No. AAA. G. [10] Id. the real name of the rape victim is withheld and.M. 2004. Philippines. "An Act Defining Violence Against Women and Their Children. p. and 13. Prescribing Penalties Therefore. Art. 12(38 AM [2] The accusatory portion of the Information reads: That on or about the 15th day of January. [5] Pursuant to Republic Act No.

the court hereby finds accused TERENCIO FUNESTO Y LLOPARDAS guilty beyond reasonable doubt for the crime of RAPE[.%20August%2003. 177361. No. 230. [14] The dispositive portion of the decision reads: WHEREFORE. p. SO ORDERED. 147678-87. 132357. p. May 31.%20182237.] as moral damages.000.] and accordingly hereby sentences him to suffer the penalty of RECLUSION PERPETUA. People. the appealed Judgment is affirmed with modification. [18] 439 Phil. 12(38 AM [11] Id. the mother of the victim[. 611 SCRA 216. Villaruel. [13] TSN.000. February 1. July 7. SO ORDERED.000. November 11.] as defined and penalized under Article 335 of the Revised Penal Code[.00 as compensatory and moral damages and the amount of PhP50.) [15] G. 17. The award of P50. G.R. 12. 2010. Exhibit "A. p. 47. IN VIEW OF THE FOREGOING. in the service of his sentence. No. pp. [16] The dispositive portion of the decision reads: WHEREFORE. November 9. [19] Id." records. [12] TSN. (Rollo. G.%20No. at 470-471. p. 490 SCRA 43. shall be credited with the period of his preventive imprisonment he has so far undergone pursuant to RA 6127.R.) [17] Vidar v. file:///Applications/batas%20app/cases/G. 5. 22/02/2017.00 to BBB.00 to BBB is deleted. 433 SCRA 640. 2004. (Records. 2006. 1992. The accused. 1996.R.%202011.htm Page 7 of 8 . 6. and Heirs of Florentino Remetio v. condemning and ordering said accused to pay the victim AAA the amount of PhP100. 440 (2002). 246. 4-5. Nos.R. at 16-17.

184791. G. G. October 9. and People v.. 223-224. 620 SCRA 54. 76.R. Aguilar. 2010. 22/02/2017. 185206.A. 629 SCRA 437. No.R. file:///Applications/batas%20app/cases/G. [22] People v. 12(38 AM [20] People v.%20182237.C.org G. Copyright 2016 . No. G. 2009. Nogpo. 2010. No.%202011.R. August 25.htm Page 8 of 8 . May 4. 172710.Batas. prior to the passage of the law imposing death for rape cases (RA 7659 took effect on December 31. and People v. 1993) and the new rape law (RA 8353.R.R. No. took effect on October 22. 603 SCRA 205. April 16. 450. [21] The crime was committed in 1992. 187049.%20No. 585 SCRA 725. Macapanas. or the Anti-Rape Law of 1997. Jr. 1997). 744- 745.%20August%2003. 2009. Buban. G.