Case Summary (G.R. No. 227363)
Trial Court’s Findings
The RTC found AAA’s testimony credible and consistent. Medical evidence showed healed hymenal laceration and dilated vaginal opening incompatible with a nine-year-old’s normal anatomy. Tulagan’s alibi and denial were rejected. He was sentenced to reclusion perpetua for statutory rape (SCC-6211) and an indeterminate six-to-twelve-year term for sexual assault (SCC-6210).
Appellate Court’s Decision
The CA affirmed guilt but increased penalties: SCC-6210 (sexual assault) to 12 years to 15 years reclusion temporal; SCC-6211 (statutory rape) retained reclusion perpetua. Civil indemnity, moral and exemplary damages were increased.
Issues on Appeal
Tulagan challenged the credibility of AAA’s testimony, the sufficiency of proof beyond reasonable doubt, and the appropriateness of penalty and damages adjustments.
Victim’s Credibility and Burden of Proof
The Supreme Court reaffirmed the trial courts’ assessment of AAA’s sincerity, spontaneity, and positive identification of Tulagan. Minor inconsistencies do not impeach core testimony, especially of tender-aged victims. Denial and alibi, uncorroborated by clear evidence, carry less weight than the victim’s affirmative account. Delay in reporting did not create reasonable doubt absent evidence of concoction or ill motive.
Rape by Sexual Assault (SCC-6210) Classification and Penalty
Under the RPC Art. 266-A(2) (rape by sexual assault) and R.A. 7610 Sec. 5(b), a child under 12 is incapable of rational consent. The nomenclature is Sexual Assault in relation to R.A. 7610. The proper indeterminate sentence, applying the Indeterminate Sentence Law, is 12 years, 10 months, 21 days to 15 years, 6 months, 20 days of reclusion temporal.
Statutory Rape (SCC-6211) Penalty Modification
Statutory rape under Art. 266-A(1)(d) RPC in relation to Art. 266-B carries reclusion perpetua. The Supreme Court affirmed reclusion perpetua for SCC-6211.
Awards of Damages and Interest
In SCC-6210, AAA is awarded ₱50,000 civil indemnity, ₱50,000 moral damages, and ₱50,000 exemplary damages. In SCC-6211, AAA is awarded ₱75,000 for each of civil indemnity, moral damages, and exemplary damages. All awards bear six percent per annum
...continue readingCase Syllabus (G.R. No. 227363)
I. Title, Citation and Parties
- G.R. No. 227363, March 12, 2019, 849 Phil. 197 (En Banc)
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellant: Salvador Tulagan
II. Nature of the Case and Criminal Charges
- Two Informations: RTC Criminal Case Nos. SCC-6210 (sexual assault) and SCC-6211 (statutory rape)
- SCC-6210 charged under Article 266-A(2), RPC (sexual assault by means other than penile penetration) in relation to R.A. 7610 (child abuse law)
- SCC-6211 charged under Article 266-A(1)(d), RPC (statutory rape of a minor under 12) in relation to R.A. 7610
III. Factual Background
- Victim “AAA,” a nine-year-old girl living with her grandmother
- September 2011 incident: accused allegedly approached AAA while she peeled corn, spread her legs, and forcibly inserted his finger into her vagina
- October 8, 2011 incident: accused lured AAA inside his home, removed her clothes, kissed her cheeks, and inserted his penis into her vagina; victim cried but could not resist
- Aunt “BBB” witnessed AAA’s swollen genitalia on October 17 and elicited the victim’s confession
- Doctor’s examination found a healed hymenal laceration at 6 o’clock and enlarged vaginal opening—abnormal for a nine-year-old
IV. Accused’s Defense and Alibi
- Accused denied ever seeing AAA during September 2011, claimed he spent mornings gathering banana leaves and afternoons resting
- Alleged grandmother’s misunderstanding and rumor-mongering as motive
- No independent witnesses to accused’s whereabouts on the dates in question
V. Proceedings Below
- RTC of San Carlos City convicted accused in both cases:
• SCC-6210 (sexual assault): indeterminate penalty of 6 years prision correccional minimum to 12 years prision mayor maximum; civil indemnity ₱30,000 and moral damages ₱20,000
• SCC-6211 (statutory rape): reclusion perpetua; civil indemnity ₱50,000 and moral damages ₱50,000 - Court of Appeals affirmed with modifications:
• SCC-6210: penalty raised to 12–15 years reclusion temporal, moral damages ₱30,000 plus exemplary ₱30,000
• SCC-6211: civil indemnity and moral damages raised to ₱100,000 each, plus ₱100,000 exemplary damages
• All damages bear 6% interest per annum from finality