Title
Supreme Court
People vs. Llanita y Opiana
Case
G.R. No. 134101
Decision Date
Sep 5, 2001
Accused convicted of qualified rape of a 5-year-old; death penalty upheld based on credible child testimony, despite lack of fresh injuries or birth certificate.

Case Summary (G.R. No. 139416)

Applicable Law and Charges

The crime was prosecuted under Republic Act No. 7659, which prescribes the death penalty for rape committed under qualifying circumstances, such as when the victim is a child below seven years of age. The 1987 Philippine Constitution serves as the basis of the decision since the case was resolved in 2001. Article 335 of the Revised Penal Code, as amended by RA 7659, enumerates qualifying circumstances for the death penalty in rape cases, including victim age.

Accused’s Defense and Grounds for Appeal

Felino Llanita denied the rape and asserted an alibi that he was at work from 7:00 a.m. to 5:00 p.m. on the date of the alleged crime. He challenged the sufficiency and credibility of the victim’s testimony, arguing it was unworthy of belief and inconsistent with medical findings. He also claimed the prosecution failed to present documentary evidence, such as a birth certificate, to prove Catherine’s age, arguing this omission rendered the qualification for the death penalty unproven. His appeal contended that the RTC convicted him based on the weakness of his defense rather than the strength of the prosecution’s evidence.

Standards on Alibi and Testimonial Evidence

The Court emphasized that alibi is the weakest defense because it is easily fabricated and difficult to prove, and positive eyewitness identification prevails over an alibi claim. Moreover, the denial of alleged guilt cannot outweigh the categorical and consistent testimony of the victim, especially when no motive to falsely accuse is shown. The trial court's assessment of credibility merits great respect, particularly in rape cases where the complainant's testimony is often the primary evidence.

Evaluation of the Victim's Testimony

The victim, Catherine, gave detailed and firm testimony identifying Felino as her attacker. The Court found the absence of exact dates for the multiple acts of rape unessential because the date of the crime is not an element of rape under Philippine law. The defense’s argument regarding lack of observed bleeding and contradictions with the medical report was dismissed as speculative and insufficient to discredit the victim’s testimony. The mother of the victim did not testify to rebut claims of unnoticed blood stains.

Medical Findings and Their Legal Weight

The medical examination conducted by Dr. Armie Soreta-Umil showed no fresh lacerations but did confirm old healed complete hymenal lacerations, corroborating that the victim had been previously raped. The absence of fresh hymenal tears is not dispositive, especially given the victim's tender age, considering that sexual abuse does not always produce physical injuries detectable upon examination. The Court clarified that penetration of the male organ need only reach the labia to constitute rape, which Catherine’s uncontroverted testimony established.

Proof of Victim’s Age and Age as a Qualifying Circumstance

Though the prosecution failed to present documentary proof of the victim’s age at trial, Catherine’s unrebutted testimony sufficed, as knowledge of one’s age often comes from family tradition and hearsay evidence admissible under Section 40 of Rule 130 of the Rules of Court. The Court cited jurisprudence establishing that birth certificates or other official documents are not strictly necessary when the testimony of a competent witness establishes minority and when the accused fails to contest such testimony. In fact, the accused himself admitted Catherine’s age as five years old during his testimony.

Jurisprudential Background on Proof of Age

The Court explained that the rule requiring documentary evidence of age primarily applies when the victim’s age is uncertain or lies within the fifteen to eighteen-year-old range where physical appearance makes age ambiguous. In contrast, in cases involving very young children such as Catherine, testimonial evidence is generally sufficient unless seriously challenged. Past cases that demanded documentary evidence involved contradictory or questionable testimonies on age, which is not the situation here.

Confirmation of Age and Final Rulings

Subsequent to trial, the Court received a certified true copy of Catherine’s birth certificate confirming her birth date as June 19, 1990, affirming that she was indeed five years old at the time of the offense. This furth


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