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People v.

Gonzales  Looking at the different laws regarding the subject [our own RPC considers the
 At noon one day, appellant Marciano Gonzales surprised his wife, deceased Sixta crime a special one, because of the extraordinary concurrent circumstances of
Quilason and Isabelo Evangelista in the act of adultery in their house where Isabelo attenuation such as uncontrollable passion, absence of criminal malice, and psychic
escaped through the door of their house. emotions] fundamentally and rationally, the codes and laws of all countries express
 Marciano scolded his wife for such act, telling her that the man was the very one the same sentiment: the condemnation of the iniquity at demolition of the
who used to ask for food from them (is needy) and counseled her not to repeat the fundamental unit of social order and the destruction of the felicity of family and
same faithlessness. She promised the same. home.
 Marciano then left the house to see his carabaos. When he went back at 5pm, his  Comparing U.S. v. Alano with present case: First, the court in Alano held that the
wife was not there. He looked for her and found her with Isabelo in the toilet of his husband is entitled to the privilege in Art. 247 even when he only saw a man lying
house in a place covered with underbrush. She was standing up pulling her skirt upon a woman in a position to hold sexual intercourse with her and they hurriedly
while Isabelo was standing and buttoning his drawers. arose from the ground and thereupon the husband recognized the woman to be his
 When Isabelo saw him, he fled. Marciano gave chase but could not overtake him. wife. Second, the act of adultery in Alano occurred in a Malate, Manila while in the
Completely obfuscated, he returned to where his wife was and attacked her with a instant case, the act occurred in the remote barrio of the municipality of Sariaya.
knife without intending to kill her. He then took pity and took her dead body to his And lastly, while in Alano, the offending wife was not killed in the place where she
house was surprised with her paramour but in the conjugal home after she had fled,
 CFI found him guilty of parricide, sentenced him to reclusion perpetua with the pursued by her husband, in the present case, Sixta was killed on the very spot
accessories of law and indemnification in the amount of P1K and pay costs. where she was found with her paramour.
Marciano claims that having surprised his wife in the afternoon of the date in  Thus, Laurel gives credit to the testimony of Marciano. He also opines that the
question, under circumstances indicative that she had sex with Isabelo, he was mattermay be properly brought to the attention of the President for such action as
entitled to the privilege afforded by Art. 247, RPC. he may deem proper to take in the premises

Issue: WON he is entitled to privilege under Art. 247, RPC PEOPLE OF THE PHILIPPINES, plaintiff-appellee vs. Dominador VELASCO,
 NO. The majority opinion believed that he can’t avail of such because such privilege accused-appellant [2001]
is conditioned on the requirement that the spouse surprise the husband or wife in  Velasco & wife Priscilla were married on July 24, 1976 & they had 7 children.
the act of committing the sexual intercourse with another person. In this case, the  Oct. 27, 1990, bet. 10 & 11 a.m., Sto. Tomas, La Union: Ped Velasco, Dominador’s
accused did not surprise his wife in the very act of sex but after it, if any such there bro. Told brgy capt. Basco about an on-going quarrel bet his bro. & Priscilla.
was because it does not necessarily follow from the fact that she was rising up and  Afternoon of same day: Crisanto Boado, 13 yr. Old, was on his way to buy a bag
the man was buttoning his drawers that a man and a woman had sex. sugar when he saw Dominador armed w/a pc. Of wood about 2 ft in length & 3 in in
 His testimony is improbable. It’s improbable that he only mildly counseled his wife diameter aggressively pursuing his wife who was about 2.5m away from him.
after seeing them in flagrante during noon and that persons of sound judgment Crisanto was on top of a hill, thus he had a clear view of the incident. He heard
would have sex in a place naturally frequented by some persons Dominador shouting that he will kill his wife while Prisicilla was desperately calling for
 Given mitigating circumstances of lack of intention on the part of the accused to help.
commit so grave a wrong and his lack of instruction, the appealed judgment is  Later that afternoon Priscilla was found dead w/rumors that she committed suicide
modified to 12 yrs and 1 day to 20 yrs of reclusion temporal and indemnification of by drinking poison. Dr. Villanueva of Sto. Tomas Rural Health Unit prepared the death
P1K certificate stating victim died of poisoning. However he confessed that the did not
perform an autopsy. Finding was based solely on the brownish fluid oozing from
Imperial, dissenting: In my opinion, the proven facts bring the appellant within the victim’s mouth w/c smelled like insecticide. He admitted that his findings were
purview of art. 247 and make him deserving of the benefits therein provided. The inconclusive.
provision shouldn’t be interpreted so strictly and literally. The privilege extends not only to  Knowing that Dominador often maltreated his wife, Priscilla’s dad requested for an
act of adultery but also to any plain and positive facts which lead to no other reasonable autopsy conducted by the NBI. Autopsy revealed abrasions, hematoma, &
conclusion than that the adultery has been committed. Taking into consideration the facts contusions. Physician concluded that victim died of shock & that the wounds could
of the case, there could be no other conclusion than that they just had sex. Adultery is not have been caused by a hard object like a piece of wood or wooden club. Cause of
always committed in a ready, luxurious and comfortable room. The penalty should then be death: congestion & edema of the visceral organs. No trace of poisonous substances
2 yrs, 4 mos and 1 day of destierro was detected.
 Information: killing was qualified by treachery.
Laurel, dissenting:  Dominador pleaded not guilty saying that at about 7 a.m. of that day, he was on his
 Benefit of Art. 247 should be extended. Considering the purpose of the law, this way to work when he saw his wife having intercourse w/a certain Mariano Erquiza
requirement should not invariably be given literal interpretation but each case from a distance of 70-80 m. Both were naked at the edge of a tobacco seedlings
should be subjected to rigid judicial scrutiny to prevent abuse but not to frustrate area. He waited for them to finish their carnal desires & after they dressed up, he ran
the legislative rationale. To require performance of carnal act before the offended after Erquiza for about 2 hours. He was unsuccessful & so when he met his bro.
spouse could raise the chastising hand is to require the impossible in the majority of Romeo, he decided to stay in his bro.’s house until 4 pm when he heard people
cases. The circumstance is not for the husband to engage in mathematical shouting & he later learned that his wife was dead.
calculation.  RTC: Dominador guilty beyond reasonable doubt for Parricide.
 Taking into consideration the acts of the parties, their behavior and appearances,
the surrounding circumstances and the entire res gestae, it is clear to the rational Issue: WON RTC erred in convicting Dominador. – NO.
mind that they had committed the adulterous act. It is not necessary that the Ratio:
husband be actual and living witness to the act of copulation to entitle him to the 1. Dominador claims that his wife might have decided to take her own life due to the
benefits of Art. 247, RPC. scandal & shame she put herself into. This claim goes against medical findings that
no trace of poison was detected and that victim’s body was exposed to several  It is unknown whether either Merrill or Anderson was aware of the pregnancy
abrasions & contusions. The qualifications of the physicians who conducted the  He assails the constitutionality of the “feticide” statutes (Murder of an Unborn Child
autopsy remained unassailed. in the First and Second Degree) on 2 grounds:
2. Dominador failed to present his bro. Romeo or his sister-in-law who could have 1. It violates equal protection clause because it exposes him in danger of
corroborated his alibi that he stayed in their house from 10 a.m. until 4 p.m. It’s fatal penalty for killing a nonviable child, while others who voluntarily abort the same
omission. are free from prosecution
3. Dominador’s claim that he watched his wife have intercourse w/another man. This
2. It violates due process clause because:
defies human nature. Also, it’s quite unacceptable that his wife & her alleged lover
would completely undress themselves in an open field in broad daylight. These are a. Fails to give fair warning to a potential violator
not in accordance w/human knowledge, observation & experience. Whatever’s b. Does not define the phrase “cause the death of an unborn child,” which
repugnant to these teachings belongs to the miraculous & must thereby held outside invites or permits arbitrary and discriminatory enforcement
normal judicial cognizance.
4. Circumstantial evidence sufficiently established the malefactor, destroyed ISSUES:
presumption of innocence & fulfilled standard of moral certainty to sustain conviction. I. W/N the statutes violate equal protection clause. NO. A criminal
Circumstantial evidence will suffice to convict even in the absence of direct evidence assailant is not similarly situated as a woman who elects to terminate
when: her pregnancy or the doctor who performs the abortion.
a. there’s more than 1 circumstance.  Merrill invokes the Court’s holding in Roe v. Wade: Nonviable fetus is not a person.
b. Facts from w/c inferences can be derived are proven.  He concludes that when the feticide statutes impermissibly adopted a classification
c. Combination of all circumstances produces finding of guilt beyond reasonable that equated viable fetuses and nonviable embryos with a person, it violated his
doubt. right to equal protection
5. Evidence used:  His contention is that the classification exposes him to conviction as a murderer of
a. Brgy. Capt. Basco being informed by Ped Velasco re incident. an unborn child during the first trimester of pregnancy, while others who
b. Crisanto Boado witnessed accused chasing victim. intentionally destroy a nonviable fetus (such as a woman who obtains a legal
c. Victim was found dead later that afternoon. abortion and the doctor who performs it) are not murderers.
d. Autopsy revealed abrasions & contusions.
e. Toxicological examinations – negative of poisonous substance.  The court does not agree.
f. Accused testified that he previously maltreated his wife.
 The case Roe v. Wade is concerned with the protection of the woman’s
All circumstances point to the accused as the author of the crime.
constitutional right to privacy, which encompasses the woman’s decision to
6. Conviction of parricide is proper. Since parricide is committed when:
terminate or continue the pregnancy without interference from the state (at least
a. person is killed
until such time as the state’s important interest in protecting the potentiality of
b. deceased is killed by accused
human life predominates over the right to privacy, which is usually at viability)
c. deceased is father, mother, or child, whether legitimate or illegitimate, or a
legitimate other ascendant or other descendant or legitimate spouse of accused.  The act penalized by the feticide statutes is different from an abortion because the
Key element here is the relationship of offender w/victim. In parricide of a spouse, defendant who assaults a pregnant woman causing the death of the fetus she is
best proof would be the marriage certificate but the testimony of the accused being carrying destroys the fetus without the woman’s consent.
married to the victim may be taken as an admission against penal interest.  Roe v. Wade protects the woman’s right to choice, it does not protect, much less
confer on an assailant, a third-party unilateral right to destroy the fetus
Holding: RTC affirmed. Reclusion perpetua w/ P50k civil indemnity to heirs of victim.  In this case, the statutes seek to (1) protect the “potentiality of human
life,” which includes protection of the unborn child, whether an embryo or
State v. Merrill a nonviable or viable fetus (2) protect the woman’s interest in her unborn
DEFINITION OF TERMS: child and (3) her right to decide whether it shall be carried in utero.
Unborn child the unborn offspring of a human being conceived, but not yet born
Embryo up to the 8th week of development US v. Punsalan
Fetus from 8th week onwards Plaintiff/Appellee: The United States
“viable” Stage of development that permits it to live outside the mother’s womb; Defendant/Appellant: Ciriaco Punsalan
generally at 28 weeks following conception
“quick” Fetus moves within the mother’s womb Appeal from a judgment of the CFI of Tarlac
Carson, J.
FACTS:
Facts:
 Patrick Merrill shot Gail Anderson causing her death
On Aug 10, 1910 accused Punsalan maliciously and criminally attacked Juan de Jesus w/ a
 Post-mortem examinations revealed that Anderson was pregnant with a 27- or 28- penknife causing him injury in 3 fingers of his left hand. Juan’s injured fingers
day-old embryo subsequently lost their flexibility because of the injuries.
 Coroner concluded that there was no abnormality that would have caused the
miscarriage and death of the embryo. Thus, death of the embryo resulted from Punsalan was charged and convicted of lesiones graves (serious physical injuries) by the
death of Ms. Anderson trial court and sentenced him, in accordance w/ Art 416 paragraph 2 of the Penal Code,
 Merrill was indicted for first and second degree murder of Gail Anderson, and first w/c provides
and second degree murder of the unborn child
Art 416: “Any person who shall wound … another shall be guilty of the crime of inflicting
serious physical injuries and shall suffer: …

2) The penalty of prision correccional in its medium and maximum
degrees, if in consequence of the physical injuries the person injured
shall have lost … any principal member, or shall have lost the use of
such member …
3) The penalty of prision coreccional in its medium and minimum degrees, if in
consequence of the physical injuries the person injured shall have become
deformed, or shall have lost some member other than a principal member …”

Issues:
1) WON Punsalan was properly convicted of the crime he was charged w/ in the
information? No
2) WON the evidence establishes his guilt beyond reasonable doubt? Yes

Ratio:
Previous decisions of the supreme court of Spain have held that in the loss of several
fingers of a hand, if such a hand becomes useless as a result, then the offender should be
convicted under Art. 416 par. 2. But this case does not raise such a question
because the information does not charge that the injuries to the fingers resulted
in the loss of use of the hand or principal member. It only states that the injured
party lost the use if 3 of his fingers.

An accused person is entitled to be advised at the start of the proceedings as to the


nature and character of the offense hi is charged w/, a conviction cannot be sustained for
a higher or different offense than that charged, even if the proof adduced at the trial be
sufficient to establish guilt for that higher offense.

Because the information did not allege the loss of use of a principal member of the body,
Punsalan should only have been penalized under Art 416 par 3, w/c provides a penalty of
prision coreccional in its medium and minimum degrees for injuries w/c result in the loss
of members other than principal ones...

Held: The trial court judgment of conviction under Art 416 par. 2 and the sentence
imposed is reversed, but because the evidence on record establishes the guilt of the
defendant beyond a reasonable doubt of the offense w/ w/c he is charged then he is guilty
as charged for violating Art. 416 par. 3. (ok indemnification nito Php 13 lang)

People v. Mariano

People v. Dagaojo
People vs. Magabo • And finally, upon cross-examination, the defendant admitted that he knew
• Rolando “Lanie” Magabo raped Noemi Dacanay(21yo) on June 23, 1998. Since Noemi Noemi to be mentally retarded.
was mental retardate.
• The information against him says that he by force and intimidation, willfully, WON the knowledge of the Defendant about the victim’s mental retardation be
unlawfully, and feloniously by undressing Noemi, and putting himself on top of her, sufficient to qualify the rape for the penalty Death. NO
had carnal knowledge with her, a mental retardate against her will and without her • Art 266B qualifies rape punishable by death if the accused knew that the victim was
consent. mentally disable.
• BUT in this case, the information did not allege this knowledge of the defendant. And
Facts we know that only those alleged in the information can be taken for qualifying
• Noemi was at that time selling fried bananas at the Frisco Market. He was able to circumstances. Then the accused id only liable for simple rape. So this may only turn
coax her to go with him to the house he shares with his mother, who was out that to be an aggravating circumstance.
time. • Luckily for Magabo, knowledge of the victim’s mental retardation is not under Art.
• Magabo kissed Noemi and fondled her breast, then made her lie down. He then had 14, hence there is no aggravating circumstance.
sexual intercourse with her.
• Later when she was able to go home, she told her mother and both went to the PNP. The decision of the lower court is affirmed except that for lack of aggravating
There Dr. Feyra examined Noemi and found healed lacerations at 3, 6, 9 o’clock circumstance, the award of exemplary damages of 25,000 is deleted.
positions on victim’s hymen and abrasions on her labia minora.
• The defendant denies the allegations, saying that at the time of 1pm-2pm, when the People v. De La Cruz
rape supposedly happened, he was selling shorts and shirts in the Frisco Market. He  Accused-appellant Domingo dela Cruz was charged in 2 separate informations for 2
adds that Freddie Buenaflor, who is angry at him, allegedly informed Noemi’s father counts of rape punishable under Art. 26-A, RPC where he allegedly raped Diana
of the alleged rape, to get back at him. Anyway, the trial court didn’t put credence to Lamsen, 17, first on Apr. 8, and then on June 8, 1998 while she was in dela Cruz
this. and his wife, Virginia’s custody.
• He was sentenced to RP with 50,000 compensatory damages, 50,000 moral damages  According to the prosecution, Diana was feeling ill and regularly fainted so she was
and 25,000 exemplary damages in the Lower court. brought to Virginia, a faith healer, who had Diana committed to her custody while
• The defendant’s counsel appealed that the Lower court committed an error she underwent treatment. During the first incident of rape, Diana felt ill and when
in the conviction, when there is failure of the prosecution to prove all the she went to Virginia’s chapel she fell unconscious. When she regained
elements(force or intimidation) of the crime of rape with proof beyond consciousness, she felt something hard in her organ and saw Domingo about to
reasonable doubt. Accused-appellant also alleges that the mental withdraw from her and put on his briefs. She then saw that she had no panty.
retardation to that of a 12yo was not proven. Thus, no rape was committed. Domingo threatened her life if she squealed.
• The defendants are right in saying that force and intimidation were not  For the second incident, she was sleeping when she awoke to find Domingo on top
sufficiently proven in the trial. BUT this is not the issue. of her body who was making pumping movement. She tried to scream but Domingo
covered her mouth. After the deed, she was threatened again. After the incident,
Issues she was forced to write a note that would make it appear as though they were
WON the mental retardation of Noemi was proven during the trial therefore having an illicit affair
qualifies their sexual congress for rape. YES  When her aunt and uncle finally fetched her to come home, a day after coming
home she told her aunt what happened.
• Although the contention was unmeritorious because carnal knowledge with a  Defense on the other hand interposed that the Diana seduced Domingo and pursued
retardate( incapable of giving consent) does not require of proof of force or him relentlessly and that their sexual congresses were consensual. In support of
intimidation. What is required is the proof of sexual congress and the mental such, Virginia testified that there were indeed signs that they were lovers. Futher,
retardation. 1 Tirso, Domingo’s brother testified that he saw Diana and Domingo in the bathroom
• In any case, the mental retardation of Noemi was proven by: and so Tirso scolded them for such. They also presented the love letter addressed
• the pictures showing her physical appearance; by Diana to Domingo.
• her behavior and actuations in court, when asked what happened, she
Issue: WON Domingo is guilty of the crime of rape under Art. 266-A
would answer in broken phrases of a child (ie “’runong ako uwi” “pasok titi
 YES. IN reviewing the evidence in rape cases, the Court is guided by 3 settled
(placing her hand in her private part mimicking a continuous motion of
principles:
insertion)”)
o An accusation for rape can be made with facility; it is difficult to prove but
• the testimony of Dr. Feyra who examined her
more difficult for the person accused, though innocent, to disprove
• the defendant counsel, when not once did they object to this in the trial,
o In view of the intrinsic nature of the crime of rape where 2 persons are
and even asked the court to put on record that the witness is mentally
usually involved, the testimony of the complainant must be scrutinized with
retarded.
extreme caution
o The evidence for the prosecution must stand or fall on its own merits, and
cannot be allowed to draw strength from the weakness of the evidence for
1 the defense
Art. 266A par. 1 provides that carnal knowledge with a person “deprived
 TC adopted the version of the prosecution and the SC held that there is no reason
of reason” (also means mental abnormality, deficiency or retardation) is
to overturn the findings of the TC. Diana’s testimony was delivered in a straight
rape. forward manner & is more in accord w/ human experience unlike Domingo’s version.
 Further, under no circumstance would a young Filipina of decent repute publicly morbid curiosity it will arouse unless she has been truly wronged & seeks atonement
admit that she has been criminally abused and ravished unless that is the truth for her abuse.
 Domingo’s defense of denial and his invocation of “sweetheart theory” fails to 2. Defense also points to alleged conflict bet. Sylvia’s & Salomons respective fathers
inspire belief. Appellant would want to believe that it was actually the complainant due to an administrative charge filed against Sylvia’s dad while both were teaching at
who was the aggressor—such is highly unbelievable. The testimonies of the wife and the local school. They claim that Salomon was only caught in the crossfire. But such
brother are not only biased but are inconclusive of a relationship between the two. is far-fetched coz it’s unnatural for a parent to use his offspring as an engine of
Further, the letter was sufficiently explained by Diana to have been vitiated by force. malice especially if it involves a daughter who will be subjected to embarrassment &
 The Court is thus morally convinced that Domingo is guilty of 2 counts of rape stigma. Besides, the conflict is not deep enough to provoke the charge. Also, Sylvia’s
imputed to him by Diana. dad filed the case against Salomon & not his dad.
 Under Art. 266-A RPC, the crime of rape is committed, among others, by a man 3. Lack of finding of a spermatozoa during the medical exam was not conclusive. The
who shall have carnal knowledge of a woman when the offended party is deprived doctor did not have necessary equipment to make a more thorough report. Court has
of reason or is otherwise unconscious or through force, threat or intimidation. Such held previously that the absence of spermatozoa in the complainant’s vagina doesn’t
circumstances are present in this case. negate the commission of rape – it may have been washed away or the rapist might
 The TC thus correctly convicted accused-appellant of 2 counts of rape and have failed to ejaculate.
sentencing him to serve the penalty of reclusion perpetua for each count. The SC 4. Masbate alibi – all circumstances point to the fact that they wanted to escape. They
also awarded moral damages of P50K for each count in addition to the civil were not investigated before they left because Salomon’s dad stopped the
indemnity of P50K for each count. investigation since there was no lawyer present. Salomon used another name in
Masbate. They traveled from place to place but were not able to buy a single horse.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. Alejandro SALOMON and P3k was used in dancing & drinking.
Feliciano Conge, accused-appellants [1994] 5. Defense of manual rape – Salomon claims that lacerations were not caused by his
 Oct. 11, 1987: 20-yr mental retardate Sylvia Soria was walking along Maharlika penis but by Conge’s fingers. Conge wanted to punish & disable her to prevent her
Highway in Gandara, Samar. Salomon & Conge who were waiting for her, forcibly from hitting him again. Court finds this too comical for words. Besides, the 2 accused
took her to a ricefield 10 m away. Salomon raped her w/Conge’s assistance. On her have different recollections:
way home, she met her bro. Senecio & told him about the incident. They told their a. Conge’s affidavit: Sylvia hit him once. Conge’s direct examination: she hit him
father about it & they reported such to the police station. Sylvia was medically twice. Salomon & his dad: Conge was hit once.
examined at the Gandara Gen. Hosp by Dr. Tanseco. The medical exam revealed b. Salomon & Conge: Sylvia was wearing pants. De Guzman: she was wearing a
single, linear laceration on her labia minora. skirt.
 Salomon & Conge were arrested 4 mos later in Plaser, Masbate. c. Salomon: Sylvia’s pants were pulled down to her knees. Conge: she was
 Prosecution witnesses: completely disrobed then later on said her pants came down only to her ankles.
1. Principal witness for prosecution was Sylvia who recounted the incident in d. Conge first said his fingers were spread when they thrust them inside Sylvia’s
detail. She testified that she couldn’t cry out or repel the attack because the 2 vagina but later on said they were put together in the shape of a cone.
men were stronger & Conge was holding a bolo. 6. Court respects findings of the RTC.
2. Dr. Tanseco affirmed her medical certificate. She declared that the laceration on
Sylvia’s vagina could’ve been caused by the penetration of a blunt instrument Holding: Appeal dismissed. RTC decision affirmed except for award of moral, exemplary &
such as an average-sized penis. actual damages and atty.’s fees w/c are not allowed.
 Conge’s claim: Sylvia arrived at the highway demanding a lamp fr the people in
Epifanio de Guzman’s (Salomon’s dad) house. Conge approached her & said there People vs. Silvano
was no lamp. However, Sylvia hit him in the neck w/a pc of wood causing him to FACTS:
stagger. In reaction to what happened, he caught her by the waist & pushed her to  Father raped daughter as form of punishment for coming home late
the ground where she lay exposed and she was not wearing any underwear. He  Trial Court favored positive testimony of victim over denial of accused
angrily shoved his 5 fingers into her vagina. Sylvia cried loudly & fearing that her  Decision is now on automatic review before the SC because the mandatory penalty
relatives might come, he w/drew his hand & left the place. for qualified rape is DEATH
 Salomon corroborated Conge’s account. De Guzman agreed too. Conge & Salomon
claim that police investigated them the day after the incident but no action was HOLDING:
taken. They went to Masbate to buy 2 horses on instructions of Salomon’s dad who The fundamental presumption of innocence enjoyed by an
gave them P3k. appeallant was overcome with the requisite quantum of proof
 RTC: guilty as charged as conspirators charged w/RP. in criminal cases and his guilt sufficiently established by proof
beyond reasonable doubt
Issue: WON the lower court erred in finding accused guilty – NO
Ratio: A. Three principles in the review of rape:
1. Accused claim that Sylvia’s testimony is flawed because she’s insane. But Court has
ruled previously that a mental retardate is not for this reason alone disqualified from 1. An accusation for rape can be made with facility; it is difficult to prove but more
being a witness. Acceptance of his testimony would greatly depend on its nature & difficult for the person accused, though innocent, to disprove;
credibility or the quality of his perceptions & manner he can make them known to the
court. A clear & consistent testimony of a retardate is admissible. RTC found Sylvia’s
2. In view of the intrinsic nature of the crime of rape, where only two persons are
testimony positive, clear, plain, coherent & credible. Besides, a woman will not usually involved, the testimony of the complaint is scrutinized with extreme
expose herself ton the humiliation of a rape trial w/its attendant publicity & the caution; and
(July 9), the last incident, occurred at a “wooded forested area.” Each time accused
3. The evidence of the prosecution stands or falls on its own merits and cannot be
threatened to beat the victim if she told her mother about the incident.
allowed to draw strength from the weakness of the defense
The victim’s mother found out when a neighbor confided to her that she saw the victim
B. Qualified rape of an underaged relative is classified as a heinous crime and with the accused inside the dilapidated hut once. This prompted the victim’s mother to go
penalized under Section 335 of the RPC amended by Section 11 of RA7659 to the police and to the doctor to have her daughter examined. The doctor found that her
(NOTE: this case occurred before effectivity of the Anti-Rape Law of 1997 or hymen had already been ruptured.
RA8353, whose provisions are now found in the RPC)
…The death penalty shall be imposed if the crime of rape is Rudy Madia was subsequently charged with 4 counts of rape. In his defense he states that
committed with any of the following attendant circumstances: on those occasions when he was allegedly committing the rapes, he was either in his hut
1. When the victim is under 18 and offender is a parent… looking after his grandchild, whom he says was born on June 29, 1995, or making a table
for their home. The accused also argues that the victim’s failure to report the incidents to
 Prosecution must allege and prove the ordinary elements: her mother casts doubt upon the charges.
1. sexual congress
2. with a woman (see note above) Madia was convicted and sentenced to reclusion perpetua for each count of rape in
3. by force and without consent accordance with Art. 335 of the RPC by the RTC of Romblon, civil indemnity amounting to
Php 200,000 was also awarded to the victim.
 Plus the additional elements of the qualified rape for death penalty to be
imposed:
Issues:
1. victim is under 18 years of age at the time of the rape
1) WON Madia was convicted beyond reasonable doubt? Yes
2. offender is a parent (whether legitimate, illegitimate or
adopted) of the victim
Ratio:
The court finds Madia guilty as charged.
C. Victim’s claim was corroborated by medical findings of the physician who
1)Madia’s argument that the child’s failure to report the alleged incidents to her mother
examined her
casts doubts upon the charges can not hold water because a child is not possessed of
maturity, courage and intelligence to immediately report the rapes to her mother. Add to
D. Carnal knowledge is consummated by the mere touching of the woman’s
this the repeated threats of bodily harm from the accused. Also, the courts have long
labia of the pudendum by the male sex organ
considered rape cases that were filed months, even years after the actual rapes occurred.
 Briefest contact of penile invasion is as serious as full penetration These rape incidents were brought to the attention of the authorities on the very same
 Rupture of the hymen is not required month they were committed.

E. Appellant could have been held liable for “instrument or object rape” if RA Madia’s defense witnesses have also failed to support his alibi. His first witness, Milagros
8353 was already enacted at the time Machon even testified seeing the accused and the victim inside the dilapidated hut. She
 Under RA 8353, insertion of anything other than the man’s sex organ (i.e. also observed that the victim looked pale at that time. It was because of Machon’s hints
finger, tongue) constitutes “instrument or object rape” that the victim’s mother brought her to doctor for examination. Also Machon belied the
accused denials that he never used the nickname “Latik”, w/c was the name used by the
F. Failure to shout or offer tenacious resistance cannot be construed as victim to identify Madia in her testimonies.
voluntary submission to appellant’s desires. It is enough that prosecution
was able to prove that force or intimidation concurred in the commission of Madia’s second witness, Leonila Corong, his daughter in law also contradicted his
the crime. statement that his grandchild, the one he was supposed to have been taking care off, was
 Force, violence or intimidation in rape is a relative term, depending not only on born on June 29, 1995. She said the child was born on July 14, 1995, 6 5 days after the
the age, size and strength of the parties by also their relationship last alleged rape incident occurred. Also, Leonila’s testimony was coquettish and wavering,
 Victim was only 16 years old, 5’6” and 128lbs; while accused is in his early 40s, w/c was why the trial court didn’t give it much weight.
about 6’2” and 210lbs
Madia’s last witness, Gretchen Relox, a Grade 3 student testified that she was with the
People v. Madia victim inside a classroom reading during the time of the rapes. But the victim was already
Plaintiff/Appellee: People of the Phils. in Grade 4 and that they were never classmates, so she could not have kept an eye on the
Accused/Appellant: Rudy Madia victim the entire day. Relox’s stubborn assertion clearly shows her bias.

Appeal from a decision of the RTC of Romblon, Romblon The trial court’s findings as to the credibility and value of the witnesses and their
Buena, J. statements are affirmed because it is the trial court that is in the best position to observe
and assess such.
Facts:
On July 1, 1995, victim Maria Aurora Fortunato, then 10 years old, was brought to a Held: Judgment affirmed w/ modification, Rudy Madia is to pay an additional Php 200,000
dilapidated and uninhabited hut by Rudy Madia on the pretext that he will cure her of her as moral damages for all 4 counts of rape.
epilepsy. He subsequently raped her (inserted his penis into her vagina). The accused
raped Maria 3 more times, twice inside the same dilapidated hut (July 2 & 3) and once