Case Digest (G.R. No. 135695-96)
Facts:
People of the Philippines v. Tomas Tundag, G.R. Nos. 135695-96, October 12, 2000, the Supreme Court En Banc, Quisumbing, J., writing for the Court.The criminal cases arose from two informations filed on November 18, 1997 by private complainant Mary Ann Tundag against her father, Tomas Tundag (accused-appellant), docketed as Criminal Case Nos. DU-6186 and DU-6203 in the Regional Trial Court (RTC) of Mandaue City, Branch 28. The first charged an incident of rape on September 5, 1997; the second charged an incident on November 7, 1997. Upon arraignment the accused pleaded not guilty; the two cases were consolidated for trial.
At trial the prosecution presented Mary Ann’s testimony describing two separate occasions when her father allegedly undressed her, threatened her with a knife, forced sexual intercourse and caused bleeding and pain. She testified she was about thirteen years old, functionally illiterate, and had an IQ of 76. Medical examiner Dr. Bessie Acebes testified to healed hymenal lacerations at 3 and 9 o’clock positions and a U-shaped fourchette, which she said was consistent with prior sexual intercourse; sperm identification was negative. The defense consisted of appellant’s bare denial and alibi—he claimed he was at work on the dates alleged—and he presented no witnesses.
On August 31, 1998 the RTC rendered a joint judgment finding appellant guilty beyond reasonable doubt of rape in both cases and sentenced him to death twice, ordering P100,000 indemnity (P50,000 compensatory and P50,000 moral/exemplary as stated) for each count. The Office of the Solicitor General (OSG) appealed to the Supreme Court by automatic review (because ...(Subscriber-Only)
Issues:
- Was the conviction of Tomas Tundag for rape supported by the evidence such that his convictions should be affirmed?
- Was the death penalty proper given the proof (or lack thereof) of the victim’s minority as required by Section 335, Revised Penal Code, as amended by R.A. No. 7659?
- Were the awards of civil indemnity, moral and exemplary damages prop...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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