PERSONS I

A.Y. 1920– ATTY. LEGARDA

Tulagan's house, he brought her to his house and told her to
TOPIC Duty to render judgment keep quiet. He told her to lie down on the floor, and removed
CASE NO. G.R. No. 227363 her short pants and panties. He also undressed himself, kissed
CASE NAME People v. Tulagan the victim's cheeks, and inserted his penis into her vagina. She
PONENTE Peralta, J. claimed that it was painful and that she cried because Tulagan
PLAINTIFF/APP People of the Philippines held her hands and pinned them with his. She did not tell
ELLEE anyone about the incident, until her aunt examined her private
ACCUSSED/APP Salvador Tulagan part.
ELLANT - Upon genital examination by Dr. Brenda Tumacder on the
TYPE OF CASE Appeal victim, she found a healed laceration at 6 o'clock position in
MEMBER Benj Bolongaita the victim's hymen, and a dilated or enlarged vaginal opening.
She said that it is not normal for a 9-year-old child to have a
ISSUE dilated vaginal opening and laceration in the hymen.
-
1. Whether or not the testimony of the child is credible.
RATIO DECIDENDI
RELEVANT FACTS Yes. Jurisprudence tells us that a witness' testimony containing
- The aunt of the victim (a nine year old girl) testified that around
inconsistencies or discrepancies does not, by such fact alone, diminish
10:30 of October 17, 2011, she noticed that a man was looking at a
victim outside their house. the credibility of such testimony. In fact, the variance in minor details
- When the victim asked the aunt for permission to go to the has the net effect of bolstering instead of diminishing the witness'
bathroom located outside their house, the man suddenly went credibility because they discount the possibility of a rehearsed
near the victim. Out of suspicion, the aunt walked to approach testimony. Instead, what remains paramount is the witness'
the victim. When the aunt came close to the victim, the man consistency in relating the principal elements of the crime and the
left suddenly. After the victim returned from the bathroom, the positive and categorical identification of the accused as the perpetrator
aunt asked what the man was doing to her. The victim did not of the same.
reply. The aunt then told the victim to get inside the house.
DISPOSITIVE POSITION
She asked the victim to move her panties down, and examined Wherefore, PREMISES CONSIDERED, the appeal is denied.
her genitalia. She noticed that her genitalia was swollen. The
victim then confessed to her about the wrong done to her by Guilty beyond reasonable doubt of Sexual Assault under paragraph
appellant whom the victim referred to as Badong or Salvador 2, Article 266-A of the Revised Penal Code, in relation to Section
Tulagan. 5(b) of Republic Act No. 7610, in Criminal Case No. SCC-6210, and
- The victim also testified that at around 11:00 a.m. of October is sentenced to suffer the indeterminate penalty of twelve (12) years,
8, 2011, while she was playing with her cousin in front of

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 PERSONS I
A.Y. 1920– ATTY. LEGARDA
ten (10) months and twenty-one (21) days of reclusion temporal, as Trial judges enjoy the advantage of observing the witness' deportment
minimum, to fifteen (15) years, six (6) months and twenty (20) days and manner of testifying, her "furtive glance, blush of conscious
of reclusion temporal, as maximum. Appellant shame, hesitation, flippant or sneering tone, calmness, sigh, or the
is ORDERED to PAY VICTIM the amounts of P50,000.00 as civil scant or full realization of an oath" - all of which are useful aids for an
indemnity, P50,000.00 as moral damages, and P50,000.00 as accurate determination of a witness' honesty and sincerity. Trial
exemplary damages. judges, therefore, can better determine if such witnesses are telling the
truth, being in the ideal position to weigh conflicting testimonies.
Guilty beyond reasonable doubt of Statutory Rape under Article Again, unless certain facts of substance and value were overlooked
266-A(1)(d) and penalized in Article 266-B of the Revised Penal which, if considered, might affect the result of the case, its assessment
Code, in Criminal Case No. SCC-6211, and is sentenced to suffer the must be respected, for it had the opportunity to observe the conduct
penalty of reclusion perpetua with modification as to the award of and demeanor of the witnesses while testifying and detect if they were
damages. Appellant is ORDERED to PAY VICTIM the amounts of lying. The rule finds an even more stringent application where the said
P75,000.00 as civil indemnity, P75,000.00 as moral damages, and findings are sustained by the Court of Appeals.
P75,000.00 as exemplary damages.

DOCTRINE/PRECEDENT RELEVANT LAWS

Factual findings of the trial court carry great weight and respect due to - Art. 10 of the New Civil Code states that: In case of doubt in the
the unique opportunity afforded them to observe the witnesses when interpretation or application of laws, it is presumed that the
placed on the stand. Consequently, appellate courts will not overturn lawmaking body intended right and justice to prevail.
the factual findings of the trial court in the absence of facts or
circumstances of weight and substance that would affect the result of
the case. Said rule finds an even more stringent application where the
said findings are sustained by the CA, as in the instant case:
Time and again, we have held that when it comes to the issue of
credibility of the victim or the prosecution witnesses, the findings of
the trial courts carry great weight and respect and, generally, the
appellate courts will not overturn the said findings unless the trial
court overlooked, misunderstood or misapplied some facts or
circumstances of weight and substance which will alter the assailed
decision or affect the result of the case. This is so because trial courts
are in the best position to ascertain and measure the sincerity and
spontaneity of witnesses through their actual observation of the
witnesses' manner of testifying, their demeanor and behavior in court.