THIRD DIVISION
G.R. No. 212194, July 06, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROD FAMUDULAN1 Y FEDELIN, Accused-Appellant.
D E C I S I O N
VILLARAMA, JR., J.:
That on or about the 1ST day of January, 2010 at around 12:00 o'clock noon, in Barangay [XXX], Municipality of [YYY], Province of Oriental Mindoro, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, ROD FAMUDULAN y Fedelin, with lewd and unchaste designs, by means of violence, force and intimidation, did lie and succeeded in having sexual intercourse of one [AAA], a six (6) year-old-girl minor, against the latter's will and without her consent, acts which affects her moral, psychological and emotional growth, to her damage and prejudice.Appellant pleaded not guilty on arraignment.9 After pre-trial terminated, trial on the merits ensued.
CONTRARY TO ART. 335 of the RPC as amended by R.A. 7659, in relation to R.A. 7610.
FINDINGS:AAA was seven years old at the time of testimony. TSN, November 2, 2010, p. 1. AAA's Certificate of Live Birth was used to prove victim's age. Records, p 48 Dr. Malaluan stated that the injuries sustained by AAA, i.e., hematoma, contusion and fresh lacerations, may have been caused by a blunt object such as a hard penis.14chanrobleslaw
> Contusion hematoma left frontal area;
> Fresh complete laceration at 6 and 9 o'clock position on the part of the hymen.
LABORATORY REPORT:ChanRoblesVirtualawlibrary
GRAM STAIN (CERVICO-VAGINAL SMEAR) - No Sperm cell seen.
ACCORDINGLY, premises considered, the court hereby finds ROD FAMUDULAN y Fedelin guilty beyond reasonable doubt of the crime of Statutory Rape and hereby sentences him to suffer the penalty of Reclusion Perpetua. To pay the offended party the amount of Fifty Thousand ([P]50,000.00) Pesos as civil indemnity; Fifty Thousand ([P]50,000.00) Pesos as moral damages; and to pay the costs.Appellant moved for reconsideration, but the same was denied in the RTC's January 26, 2012 Order.17chanrobleslaw
SO ORDERED.16
WHEREFORE, the appeal is DENIED. The assailed Decision and Order in Criminal Case No. P-7904 is AFFIRMED with the MODIFICATION that accused-appellant ROD FAMUDULAN y FEDELIN is ordered to indemnify AAA the amount of [P]75,000.00 as civil indemnity, [P]75,000.00 as moral damages, [P]30,000.00 as exemplary damages and that all monetary awards for damages shall earn interest at the legal rate of six percent (6%) per annum from the date of the finality of the judgment until fully paid.Hence, this appeal.
The sentence of imprisonment is maintained.
IT IS SO ORDERED.19
ART. 266-A. Rape, When and How Committed. — Rape is committed -Sexual congress with a girl under 12 years old is always rape.21 We have thus ruled that in the prosecution of statutory rape the following elements must exist: (1) the victim is a female under 12 years of age or is demented; and (2) the offender had carnal knowledge of the victim.22 In order to successfully convict an accused for statutory rape therefore, it is imperative that the prosecution prove that the woman is under 12 years of age and carnal knowledge took place.23chanrobleslaw
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:ChanRoblesVirtualawlibrary
xxxx
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
xxxx (Emphasis supplied.)
It has been held that when a woman or a girl-child says that she has been raped, she says in effect all that is necessary to show that rape was indeed committed. Youth and immaturity are generally badges of truth and sincerity.31 Besides, no sane woman, least of all a child, would concoct a stoiy of defloration, allow an examination of her private parts and subject herself to public trial or ridicule if she was not, in truth, a victim of rape and impelled to seek justice for the wrong done to her.32 Given AAA's immaturity and the injuries as found in the medical report, consistent with sexual abuse, this Court finds no reason to reverse the CA and the RTC decisions.
Q.- [AAA], do you know Rod Famudolan?A.- Yes, sir.Q.- Why do you know Rod Famudolan?A.- Because he was residing in our place.Q.- Do you know the house of Rod Famudolan?A.- Yes, sir.Q.- Where is it situated?A.- He is a neighbor of my Auntie.Q.- You are a victim in this case and you executed an affidavit?A.- Yes, sir.Q.- What did Rod Famudolan did (sic) to you?WITNESS: A.- He ordered me to sack (sic) his penis and he inserted his finger inside my vagina.PROS. DE LOS REYES: Q.- Then what else happened?A.- And he made a pumping motion, sir.x x x x Q.- What did he tell you if any? A.- He will kill and he will not let me live.30
ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.However, Republic Act (R.A.) No. 934635 prohibited the imposition of the death penalty.36 Sections 2 and 3 of R.A. No. 9346 instead prescribes that the penalty of reclusion perpetua without eligibility for parole be imposed in cases where the penalty imposed is reclusion perpetua or the sentence will be reduced to reclusion perpetua, to wit:
x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:ChanRoblesVirtualawlibrary
x x x x
5. When the victim is a child below seven (7) years old.
SEC. 2. In lieu of the death penalty, the following shall be imposed:ChanRoblesVirtualawlibraryHere, AAA's age was proven to be six years old at the time of the abuse, therefore, the imposable penalty is reclusion perpetua without eligibility for parole. Further with respect to the damages awarded, we find that the same is in line with current jurisprudence.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the penalties of the Revised Penal Code; or
x x x x
SEC. 3. Persons convicted of offenses punished with reclusion perpetua, or whose sentences will be reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No. 4103, otherwise known as the Indeterminate Sentence Law, as amended.
Endnotes:
* Designated Acting Chairperson per Special Order No. 2071 dated June 23, 2015.
** Designated additional Member in lieu of Associate Justice Francis H. Jardeleza, per Raffle dated November 10,2014.
*** Designated Acting Member in lieu of Associate Justice Bienvenido L. Reyes, per Special Order No. 2084 dated June 29, 2015.
**** Designated Acting Member in lieu of Associate Justice Presbitero J. Velasco, Jr., per Special Order No. 2072 dated June 23, 2015.
1 Also referred to as Rod Famudolan in certain parts of the rollo and records.
2 CA rollo, pp. 111-112.
3Rollo, pp. 2-14. Penned by Associate Justice Apolinario D. Bruselas, Jr. with Associate Justices Rebecca de Guia-Salvador and Samuel H. Gaerlan, concurring.
4 REVISED PENAL CODE, Art. 266-A(l)(d) provides:chanRoblesvirtualLawlibraryART. 266-A. Rape, When and How Committed. - Rape is committed -5 The victim's name was substituted pursuant to Section 44 of R.A. No. 9262 or the Anti-Violence Against Women and Their Children Act of 2004, People v. Cabalquinto, 533 Phil. 703 (2006) and Section 40, A.M. No. 04-10-11-SC.
x x x x
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:ChanRoblesVirtualawlibrary
x x x x
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
6 Records, pp. 8-9.
7 Id. at 10.
8 Id. at 1. Filed on January 7, 2010.
9 Id. at 29.
12 TSN, November 2, 2010, pp. 2-3.
13 Records, p.12. Dated January 7, 2010.
14 TSN, July 29, 2010, pp. 3-5.
15 CA rollo, pp. 72-77. Penned by Presiding Judge Winston V. Baldos.
16 Id. at 77.
17 Records, pp. 88-89.
18 Id. at 48. Certificate of Live Birth states that AAA's date of birth is June 21, 2003.
22People v. Besmonte, G.R. No. 196228, June 4, 2014, 725 SCRA 37, 50.
23 Id.
24 Records, p. 48.
25 RTC Order dated December 14, 2010, id. at 44.
26 G.R. No. 192232, December 10, 2014.
27 Id. at 7.
28 Id.
29 Id.
30 TSN, November 2, 2010, pp. 2-3.
31People v. Sabal, Jr., supra note 21, at 412.
32People v. Barcela, G.R. No. 208760, April 23, 2014, 723 SCRA 647, 661.
33People of the Philippines v. Jose Eslalin Prodenciado, supra note 26, at 14-15.
34People v. Bonaagua, G.R. No. 188897, June 6, 2011, 650 SCRA 620, 636.
35 AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES.
36 R.A. No. 9346, Section 1, provides:ChanRoblesVirtualawlibrary
SECTION 1. The imposition of the penalty of death is hereby prohibited. Accordingly, Republic Act No. Eight Thousand One Hundred Seventy-Seven (R.A. No. 8177), otherwise known as the Act Designating Death by Lethal Injection is hereby repealed. Republic Act No. Seven Thousand Six Hundred Fifty-Nine (R.A. No. 7659) otherwise known as the Death Penalty Law, and all other laws, executive orders and decrees, insofar as they impose the death penalty are hereby repealed or amended accordingly.chanroblesvirtuallawlibrary