Case Summary (G.R. No. 166040)
Petitioner
Neil F. Llave y Flores, aka Niel F. Llave, aged 12 at the time of the incident, a consistent honor student and computer course certificate holder, charged with rape under the Revised Penal Code as he was between nine and fifteen years of age but allegedly acted with discernment.
Respondent
People of the Philippines, represented by the Office of the Solicitor General, prosecuting Llave for rape of a minor.
Key Dates
• September 24, 2002 – Alleged rape incident shortly after 6:00 p.m.
• September 25, 2002 – Medical examination at Philippine General Hospital.
• October 10, 2002 – Arraignment.
• April 26, 2006 – Supreme Court decision affirming conviction with modification.
Applicable Law
• 1987 Philippine Constitution (decision after 1990).
• Revised Penal Code, Articles on rape and exempting circumstances (Art. 12(3) regarding minors).
• Revised Rules of Criminal Procedure, Rule 112, Section 7 on inquest proceedings.
Facts and Prosecution Evidence
The victim testified that Llave forcibly dragged her behind hollow blocks, ordered her to lie down, removed both garments, mounted her, inserted his penis into her vagina, and kissed her against her will, causing pain and tears. Bucud heard cries at 6:25 p.m., discovered Llave in the act, and Llave fled. The victim’s father and barangay authorities then took Llave into custody. Dr. Castillo’s medical report showed no hymenal lacerations but noted a fresh perineal abrasion near the anal opening and yellowish discharge, consistent with penetrating trauma not more than a week old.
Defense Evidence and Contentions
Llave denied the assault, claiming he was buying rice at a carinderia at the time. He challenged inconsistencies between the victim’s pain testimony and medical findings, alleged coaching of the witness, and ill-motive of Bucud. He invoked exemption from criminal liability as a minor under Article 12(3) of the RPC, arguing lack of discernment.
Procedural History
The RTC of Pasay City convicted Llave of rape, applying the special mitigating circumstance of minority and sentencing him to six years and one day to eight years of imprisonment plus ₱50,000 civil indemnity. The CA affirmed with modification, imposing an indeterminate penalty of two years and four months to eight years and one day and adding moral (₱50,000) and exemplary (₱20,000) damages. Llave’s motion for reconsideration was denied.
Issues
- Sufficiency of evidence to prove rape beyond reasonable doubt.
- Whether Llave acted with discernment despite being a minor over nine but under fifteen.
- Alleged denial of due process (absence of preliminary investigation).
- Correctness of damage awards.
Analysis – Sufficiency of Evidence
Consummated rape requires any degree of penetration. The victim’s clear, consistent testimony and demonstration of vaginal penetration, coupled with the medical finding of a fresh abrasion compatible with forced entry, satisfy proof beyond reasonable doubt. Absence of hymenal injury does not preclude rape, especially in a young child.
Analysis – Discernment of a Minor
Article 12(3) exempts minors over nine but under fifteen unless they act with discernment (capacity to know right from wrong). Llave’s immediate flight, h
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Facts
- On September 24, 2002, seven-year-old Debbielyn Santos y Quitales was returning home past 6:00 p.m. from her mother’s quail-egg store in Pasay City when she was accosted by petitioner Neil F. Llave y Flores, then a 12-year-old minor with discernment.
- Petitioner forcibly pulled her behind a pile of hollow blocks in front of a vacant house adjacent to Teofisto Bucud’s barbecue stall, ordered her to lie on the cement, removed both their clothes, mounted her, inserted his penis into her vagina, kissed her, and caused her pain until she cried out.
- Neighbour Teofisto Bucud, hearing the victim’s cries, rushed out, saw petitioner naked from the waist down atop the child, shouted at him, and caused the assailant to flee the scene.
- Debbielyn immediately informed her parents, Domingo and Marilou Santos, who reported the incident to barangay and police authorities the same evening.
- Dr. Mariella S. Castillo of the Philippine General Hospital’s Child Protection Unit examined the victim on September 25, 2002, finding no hymenal or perineal lacerations but a fresh abrasion of the perineal skin at the 1 o’clock position near the anal opening and scanty yellowish discharge—findings compatible with blunt force or penetrating trauma within six to seven days prior.
- Petitioner was arrested by barangay tanods at his grandmother’s house after efforts by his parents and the Santos spouses to locate him.
Procedural History
- September 27, 2002: Information for rape (consummated) filed in RTC, Pasay City, Branch 109; petitioner arraigned October 10, 2002.
- RTC Decision (Branch 109, Judge Lilia C. Lopez): Convicted petitioner of rape, credited special mitigating circumstance of minority, sentenced him to prision mayor (6 years 1 day to 8 years) and ordered ₱50,000 civil indemnity.
- CA Decision (CA-G.R. CR No. 26962, April 26, 2006; Reyes, J.): Affirmed conviction with modified penalty—indeterminate term of prision correccional medium (2 years 4 months) as minimum to prision mayor medium (8 years 1 day) as maximum—and awarded ₱50,000 moral damages, ₱20,000 exemplary damages.
- CA Resolution (Nov. 12, 2004): Denied reconsideration; held that petitioner acted with discernment as evidenced by his flight, hiding, and academic record.
- Supreme Court: Petition for review filed, raising six principal arguments on evidence sufficiency, discernment, credibility, hearsay, fabricatio