Case Digest (G.R. No. 166040) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines v. Llave (G.R. No. 166040, April 26, 2006), the Supreme Court reviewed the conviction of Neil F. Llave for rape before the Pasay City Regional Trial Court (RTC), Branch 109 (Criminal Case No. 02-1779) and the subsequent modification by the Court of Appeals (CA) in CA-G.R. CR No. 26962. On September 27, 2002, an Information was filed alleging that on September 24, 2002 in Pasay City, then-12-year-old Llave, a minor over nine but under fifteen years of age, forcibly had carnal knowledge of seven-year-old Debbielyn Santos against her will. Debbielyn testified that, after school, Llave pulled her behind a vacant house, removed both their garments, mounted her, and inserted his penis into her vagina, causing pain and tears. Barangay tanod Teofisto Bucud intervened upon hearing her cries, whereupon Llave fled. Medical examination by Dr. Mariella Castillo at the Philippine General Hospital’s Child Protection Unit revealed no hymenal lacerations but did show Case Digest (G.R. No. 166040) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Background
- Information filed on September 27, 2002 against 12-year-old Neil F. Llave for rape of 7-year-old Debbielyn Santos in Pasay City.
- Charge: by force, threat and intimidation, carnal knowledge of a minor under 12, with discernment, contrary to law.
- Circumstances of the Assault
- On September 24, 2002 around 6:00 p.m., Debbielyn, returning from her mother’s quail-egg stall, was accosted near a vacant house.
- Petitioner dragged her behind hollow blocks, ordered her to lie down, removed both their garments, and inserted his penis into her vagina; she felt pain and cried.
- Prosecution Evidence
- Debbielyn’s testimony: specific account of position, penetration, kiss, pain, and flight of the assailant when interrupted.
- Teofisto Bucud’s eyewitness account: saw petitioner “naked from the waist down” on top of the victim making “pumping motions.”
- Parents’ actions: report to police; victim’s statement labeling petitioner a rapist.
- Medical findings by Dr. Castillo (PGH Child Protection Unit): no hymenal or perineal lacerations, but fresh perianal abrasion and discharge consistent with blunt or penetrating trauma within 6–7 days prior.
- Defense Evidence
- Petitioner’s alibi: claimed he was buying rice at 6:30 p.m., denied rape, professed no motive for the Santos family to accuse him.
- Character evidence: petitioner an honor student, math awardee, certified computer course completer.
- Mother’s testimony: petitioner was hidden in grandmother’s house; alleged family vendetta by Bucud.
- Expert clarification: Dr. Castillo conceded abrasions could occur during penile penetration and that hymen may not show injury.
- Proceedings Below
- RTC (Pasay City Branch 109) convicted petitioner of rape, found he acted with discernment, sentenced to minimum prision mayor (6 years + 1 day) to maximum prision mayor (8 years) and ordered Php50,000 civil indemnity.
- CA affirmed with modification: indeterminate penalty of 2 years 4 months to 8 years 1 day; awarded Php50,000 moral and Php20,000 exemplary damages.
Issues:
- Was the evidence sufficient to convict beyond reasonable doubt?
- Did the 12-year-old petitioner act with discernment under Article 12(3), RPC?
- Was petitioner deprived of due process, including preliminary investigation?
- Are the penalties and damages correctly imposed?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)