G.R. No. 37914 - Rodriguez vs. Director of Prisons

Petitioner Robert Remiendo y Siblawan was charged with two counts of statutory rape under two criminal informations dated March 10, 2008 (Criminal Case Nos. 98-CR-2999 and 98-CR-3000).
The offenses allegedly took place in March and May 1997 at Badiwan, Municipality of Tuba, Benguet, involving a minor girl, AAA, below 12 years old.
Petitioner pleaded "not guilty" and was jointly tried before the Regional Trial Court (RTC), Branch 62, La Trinidad, Benguet.

Complainant AAA was born on February 21, 1986; thus, she was under 12 years old at the time of the alleged offenses.
AAA testified that Remiendo, who lived near her family’s residence, sexually assaulted her twice: first in March 1997 inside her house and again in May 1997 inside Remiendo’s house.
During the assaults, Remiendo threatened to kill or harm AAA if she reported the incidents. AAA resisted but was overpowered.
AAA executed a sworn statement identifying Remiendo as her assailant.
Dr. Ronald R. Bandonill, Medico-Legal Officer of the NBI-Cordillera, examined AAA on January 2, 1998, and found healed hymenal lacerations consistent with penetration, supporting sexual assault.
Psychiatrist Dr. Elsie I. Caducoy examined AAA and found she suffered from psychosis and organicity due to prior injuries but was not insane. AAA was conscious and capable of recounting the incidents, attesting to her awareness and presence of mind during the assaults.

Witness Lea F. Chiwayan, a friend and neighbor of AAA, testified that AAA had previously accused her brother and father of molestation and claimed that Reynoso Cera raped her.
Lea narrated an incident where AAA falsely claimed that Remiendo had sexual intercourse with her but later took back the statement, stating she was joking.
Dolores L. Daniel, AAA’s teacher, described AAA as unruly and a liar but admitted no written documentation of reprimands.
Witness Victor Daniel testified that Remiendo was a hardworking person and could not have committed the crime under his supervision.
Remiendo personally denied the charges, admitted to disciplining AAA for falsely accusing him, including slapping her and revving a vehicle’s engine to direct fumes at her.

The RTC found Remiendo guilty beyond reasonable doubt of two counts of statutory rape.
He was sentenced to suffer prision mayor (8 years and 1 day) as minimum and reclusion temporal (14 years and 1 day) as maximum for each count.
He was ordered to pay civil indemnity (P50,000), moral damages (P30,000), and exemplary damages (P10,000) to the offended party.
The Provincial Jail Warden of Benguet was directed to transfer Remiendo to the Bureau of Corrections.

The CA affirmed the RTC decision but modified the amounts for civil indemnity, moral damages, and exemplary damages to P50,000, P50,000, and P25,000, respectively, for each count.
Remiendo’s motion for reconsideration was denied by the CA.

The CA erred in affirming his conviction despite lack of evidence proving the true and real age of AAA.
The CA erred in not applying the Juvenile Justice and Welfare Act of 2006 (RA 9344) which increased the age of criminal responsibility.

He argued the Certificate of Live Birth of AAA was not admitted into evidence by the trial court, and that other evidence such as school records showed AAA to be older than 12 at the time.
He also questioned AAA’s credibility based on her demeanor and conduct during the alleged incident.

Whether or not the prosecution sufficiently proved that AAA was below 12 years old at the time of the commission of the offenses.
Whether or not the trial court erred in convicting Remiendo despite the claimed lack of proof of the victim’s age.
Whether or not Remiendo is entitled to the benefits of the Juvenile Justice and Welfare Act of 2006 (RA 9344), specifically the exemption from criminal liability due to age.
Whether or not AAA’s credibility as a witness was properly appreciated by the trial court.