Case Digest (G.R. No. 135695-96)
Facts:
In People of the Philippines vs. Tomas Tundag (G.R. Nos. 135695-96, October 12, 2000), private complainant Mary Ann Tundag, then 13 years old, filed two separate complaints for incestuous rape against her father, accused-appellant Tomas Tundag, before the Mandaue City Prosecutor’s Office on November 18, 1997. The first complaint (Crim. Case No. DU-6186) alleged that on or about September 5, 1997, in Mandaue City, Tomas Tundag, her biological father, willfully and unlawfully had carnal knowledge of her against her will. The second complaint (Crim. Case No. DU-6203) charged a similar offense on November 7, 1997. Upon arraignment, appellant pleaded “Not Guilty.” The Regional Trial Court of Mandaue City, Branch 28, consolidated both cases, conducted a joint trial, and received the victim’s detailed testimony and medical findings by Dr. Bessie Acebes, who observed healed hymenal lacerations indicative of past sexual intercourse. The trial court rendered judgment on August 31, 1998, cCase Digest (G.R. No. 135695-96)
Facts:
- Parties and Charges
- Private complainant Mary Ann Tundag, a 13-year-old minor, filed two separate complaints of incestuous rape against her father, Tomas Tundag.
- The first complaint (Criminal Case No. DU-6186) charged an incident on September 5, 1997; the second (Criminal Case No. DU-6203) charged an incident on November 7, 1997.
- Allegations of Incidents
- First incident: At about 10:00 PM, appellant undressed, threatened the sleeping victim with a knife, forced penile penetration into her vagina causing bleeding and excruciating pain, and prevented her from shouting.
- Second incident: While the victim was washing dishes and later lying down to sleep, appellant again used a knife to threaten her, undressed her, inserted his penis into her vagina, and ignored her resistance.
- Trial Proceedings and Judgment Below
- Cases were consolidated; appellant pleaded “Not Guilty” and offered a bare denial and alibi defense, claiming he was at work on both dates.
- Trial court found the victim’s testimony credible, corroborated by medical evidence of healed hymenal lacerations, convicted appellant of two counts of incestuous rape, and sentenced him to death twice with awards of civil indemnity and moral/exemplary damages.
Issues:
- Credibility and Reasonable Doubt
- Whether the trial court erred in convicting appellant despite alleged reasonable doubt arising from his denial and alibi.
- Qualification for Death Penalty
- Whether the prosecution sufficiently proved the victim’s minority and appellant’s parental relationship to impose the death penalty for qualified rape.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)