Case Digest (G.R. No. 210161) Core Legal Reasoning Model
Core Legal Reasoning Model
Facts:
In People of the Philippines v. Bienvinido Udang, Sr. y Sevilla (G.R. No. 210161, January 10, 2018), two Informations for child abuse under Section 5(b) of Republic Act No. 7610 were filed before the Regional Trial Court (RTC) of Cagayan de Oro City (Family Case Nos. 2006-140 and 2006-141) against Bienvinido Udang, Sr. y Sevilla. The private complainant, “AAA,” was 12 years old in September 2002 and 13 years old in December 2003, when Udang allegedly plied her with Tanduay rum at his home in Lumbia, Cagayan de Oro City, carried her into a dark room, undressed her and inserted his penis into her vagina on two separate occasions. Udang pleaded not guilty and claimed alibi and ill motive on AAA’s part following her arrest in his house for sniffing rugby. AAA testified in a joint trial, and Dr. Darlene Revelo of the Northern Mindanao Medical Center found healed hymenal lacerations consistent with sexual intercourse. The RTC convicted Udang of two counts of rape under Article 266-A(1 Case Digest (G.R. No. 210161) Expanded Legal Reasoning Model
Expanded Legal Reasoning Model
Facts:
- Parties and Charges
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellant: Bienvinido Udang, Sr. y Sevilla
- Alleged Incidents and Medical Findings
- First Incident (September 2002)
- Victim (“AAA”), then 12 years old, drank five bottles of Tanduay rum at Udang’s house with Udang’s children (Betty and Bienvinido Jr.), became intoxicated, was carried by Udang into a dark room, undressed, kissed, and raped.
- Udang reportedly left to perform barangay tanod duty, leaving AAA too weak to move.
- Second Incident (December 2003)
- AAA, then 13, drank three bottles of Tanduay rum at the same house with Udang and his son, fell asleep in a room, was followed, undressed, and again raped by Udang.
- Medical Examination (April 2004)
- Dr. Darlene T. Revelo found healed hymenal lacerations at 4, 7, and 10 o’clock positions and excoriations on AAA’s genitalia.
- Trial Proceedings and Defense
- Informations (December 2005)
- Two counts of child abuse under RA 7610, sec. 5(b), docketed as Family Case Nos. 2006-140 and 2006-141.
- Prosecution Evidence
- AAA’s detailed, consistent testimony of both rapes and threats by Betty to enforce compliance.
- Medical corroboration by Dr. Revelo.
- Defense Evidence
- Udang’s denial and alibi that he was with family and tanods at the times alleged.
- Betty’s denial of any drinking sessions with AAA.
- Fellow inmates (Gandawali, Orcales) testified that AAA later recanted, attributing accusations to other relatives.
- Decisions Below
- RTC (March 12, 2012): Convicted Udang of two counts of rape under RPC Art. 266-A(1), imposing reclusion perpetua per count and awarding P50,000 civil indemnity, P50,000 moral damages, and P30,000 exemplary damages each.
- CA (October 9, 2013): Affirmed RTC decision in toto.
- SC Appeal: Questions on judge substitution, double jeopardy, correct criminal characterization, and sufficiency of evidence.
Issues:
- Can a judge who did not personally hear the witnesses but relies on the complete transcript decide on their credibility?
- Does prosecuting the same acts under both RPC Art. 266-A(1) (rape) and RA 7610 sec. 5(b) (sexual abuse) violate double jeopardy?
- Did the Informations charge Udang with rape or sexual abuse, and what crime may he validly be convicted of?
- Do the facts and evidence support a conviction for two counts of sexual abuse under RA 7610 sec. 5(b)?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)