Criminal Case No. 2000-01-46
That sometime in the year 1995 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, succeed in having carnal knowledge of the said [AAA], who was then only eight (8) years old, without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.5
Criminal Case No. 2000-01-47
That sometime in the month of July, 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.6
Criminal Case No. 2000-01-48
That sometime in the month July 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.7
Criminal Case No. 2000-01-49
That sometime in the month of July, 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.8
Criminal Case No. 2000-01-50
That sometime in the month of July, 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.9
Criminal Case No. 2000-01-51
That sometime in the month of July, 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.10
Criminal Case No. 2000-01-52
That sometime in the month of August, 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.11
Criminal Case No. 2000-01-47
That sometime in the month of August, 1999 in the municipality of [XXX], Province of Leyte, Philippines, and within the jurisdiction of this Honorable Court, the said accused, who is the uncle of [AAA], the twelve-year-old offended party, actuated by lust, did, then and there, willfully, unlawfully and feloniously, and with the use of force and violence succeed in having carnal knowledge of the said [AAA], without her consent and against her will.
Contrary to law with the aggravating circumstance that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree.12 (Emphases ours.)
P. E. Findings: Surg. Findings:- (-) Physical injuries.OB- NOTES:
- Patient came in with history of rape since 8 year old for so many times. last act was March 1999.
O: Pelvic Exam:
Ext. Genetalia - grossly normal.
Introitus: Old, healed incomplete laceration at 3 & 9 o'clock position
Speculum Exam: not done due to resistance.
Internal Exam:
Vaginal smear for presence of spermatozoa: = NEGATIVE21
WHEREFORE, premises considered, pursuant to Art. 266-A and 266-B of the Revised Penal Code as amended, and further amended by R.A. 8353 (Rape Law of 1997) and R.A. 7659 (Death Penalty Law) the Court found accused HENRY ARPON, GUILTY beyond reasonable doubt of ONE COUNT OF STATUTORY RAPE and SEVEN COUNTS OF RAPE charged under the informations and sentenced to suffer the maximum penalty of DEATH, and to indemnify the victim, [AAA] the amount of Fifty Thousand (P50,000.00) Pesos for each count of Rape and pay moral damages in the amount of Fifty Thousand (P50,000.00) Pesos and pay the cost.24 (Emphases in the original.)
WHEREFORE, the Decision dated September 9, 2002 of the Regional Trial Court, Branch 7, Tacloban City in Criminal Case Nos. 2001-01-46 to 2001-01-53 is AFFIRMED with modification awarding exemplary damages to [AAA] in the amount of Twenty[-]Five Thousand (P25,000.00) Pesos for each count of rape and clarification that the separate award of Fifty Thousand (P50,000.00) Pesos as moral damages likewise pertains to each count of rape. The death penalty imposed is reduced to reclusion perpetua in accord with Rep. Act No. 9346.31
I
THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIMES CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.II
THE COURT A QUO GRAVELY ERRED IN GIVING WEIGHT AND CREDENCE TO THE INCREDIBLE AND INCONSISTENT TESTIMONY OF THE PRIVATE COMPLAINANT.III
THE COURT A QUO GRAVELY ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH.37
ART. 266-A. Rape, When and How Committed. - Rape is committed -
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority;
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.
ART. 335. When and how rape is committed. -- Rape is committed by having carnal knowledge of a woman under any of the following circumstances:
- By using force or intimidation;
- When the woman is deprived of reason or otherwise unconscious; and
- When the woman is under twelve years of age or is demented.
Rape under paragraph 3 of [Article 335] is termed statutory rape as it departs from the usual modes of committing rape. What the law punishes in statutory rape is carnal knowledge of a woman below twelve years old. Hence, force and intimidation are immaterial; the only subject of inquiry is the age of the woman and whether carnal knowledge took place. The law presumes that the victim does not and cannot have a will of her own on account of her tender years; the child's consent is immaterial because of her presumed incapacity to discern evil from good.43 (Emphasis ours.)
Time and again, the Court has held that when the decision hinges on the credibility of witnesses and their respective testimonies, the trial court's observations and conclusions deserve great respect and are often accorded finality. The trial judge has the advantage of observing the witness' deportment and manner of testifying. Her "furtive glance, blush of conscious shame, hesitation, flippant or sneering tone, calmness, sigh, or the scant or full realization of an oath" are all useful aids for an accurate determination of a witness' honesty and sincerity. The trial judge, therefore, can better determine if witnesses are telling the truth, being in the ideal position to weigh conflicting testimonies. Unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected for it had the opportunity to observe the conduct and demeanor of the witnesses while testifying and detect if they were lying. The rule finds an even more stringent application where said findings are sustained by the [Court of Appeals].47
[PROSECUTOR EDGAR SABARRE] Q: Do you recall of any unusual incident that happened when you were still 8 years old? [AAA] A: There was but I cannot anymore remember the exact month and date. Q: Just tell what happened to you when you were still 8 years old? A: I was raped by Tiyo Henry. Q: How did he rape you? A: He stripped me of my panty, shorts and shirts. Q: Do you remember what place did he rape you? A: Yes, sir in our house. Q: Who were the persons present then at that time? A: My younger brother and I. Q: About your mother and step father where were they? A: In the ricefield. PROS. SABARRE: May we make it of record that the witness is crying. COURT: Have it on record. PROS. SABARRE: Q: Do you still recall was it in the morning, in the afternoon or evening? A: In the afternoon. x x x x Q: After your clothes and [panty] were taken off by accused what did he do to you next if any? A: He went on top of me. Q: Was he still with his clothes on or already naked? A: He has still clothes on, he did not take off his pants, he only pulled down the zipper. Q: And when he pulled down the zipper and went on top of you what did he do next if any? A: He was pumping on me. Q: Did he pull out his organ? A: Yes, sir. Q: And where did he place his organ? A: In my vagina. Q: When he kept on pumping what did you feel? A: Pain.48
Q: How many times did [the accused-appellant] rape you in July 1999? A: Five times. Q: Was it in the daytime or night time? A: Night time. Q: Was it in different nights or on the same night? A: Different nights. Q: Who were present then at that time when he raped you five times? A: My Kuya and other siblings. Q: You have companions why were you raped? A: Because they were sleeping. Q: How did he rape you on that July night for five times, will you please narrate to the court? A: Because they have been drinking, he came to our house, pulled out my panty and went on top of me. Q: With whom was he drinking? A: With my step father. Q: Where did they drink? A: In our neighbor. Q: When he took off your shorts and panty what was the accused wearing at that time? A: I do not know because I could not see since it was night time. Q: When he was on top of [you] was he still wearing something? A: No, sir. Q: What did he do with his penis? A: He made me hold it. Q: Then after he made you hold it what did he do with it? A: He left. x x x x ATTY. SABARRE: Q: You said you were raped on that July evening for five nights how did he rape you? A: (witness did not answer) PROS. SABARRE: Make it of record that the witness is crying again. Q: Why are you crying? A: I am angry and hurt. PROS. SABARRE: Your honor please may I be allowed to suspend the proceeding considering that the witness is psychologically incapable of further proceeding. x x x x Q: I have asked you how did the accused rape you will you please narrate the whole incident to this honorable court? A: The same that he did when I was 8 years old, he went on top of me. Q: What was the same thing you are talking about? A: He pulled down my panty and went on top of me and pump. Q: When he pump what did you feel? A: Pain. COURT: Why did you feel pain? A: He placed his penis inside my vagina, everytime I urinate I feel pain. ATTY. SABARRE: How did you recognize that it was Henry Arpon when it was night time? A: It was a moonlight night and our window was only covered by cloth as cover.50
Q: How many times did [the accused-appellant] rape you in the month of August 1999? A: Two times. Q: Was it during day time or night time? A: Nighttime. Q: How did he rape you again that August 1999? A: He kissed me. Q: After kissing you what did he do next? A: He took off his shirts. Q: After he took off his shirts what happened? A: He went on top of me and pump. Q: When he made a pumping motion on top of you what did you feel? A: My vagina was painful and also my chest because he was heavy. Q: Why did you feel pain in your vagina? A: Because he was raping me. Q: Did his penis penetrate your vagina? A: I do not know. Q: If this Henry Arpon is present now in court could you recognize him? A: Yes, sir. Q: Where is he? A: That man (witness pointing a detention prisoner when asked his name answered Henry Arpon).51
The distance of [XXX] to Tacloban City is just a few kilometers and can be negotiated by passenger bus in less than one (1) hour, hence, it is not impossible for the accused to be present in [XXX] at any time of the day after working hours while working in Tacloban. Besides, the accused has his day off every Sunday, which according to him he spent in [XXX], Leyte.
The accused was positively identified by the victim as the person who sexually molested her beginning that afternoon of 1995, and subsequently thereafter in the coming years up to August 1999. She can not be mistaken on the identity of the accused, because the first sexual molestation happened during the daytime, besides, she is familiar with him being her uncle, the brother of her mother.57
1. The best evidence to prove the age of the offended party is an original or certified true copy of the certificate of live birth of such party.
2. In the absence of a certificate of live birth, similar authentic documents such as baptismal certificate and school records which show the date of birth of the victim would suffice to prove age.
3. If the certificate of live birth or authentic document is shown to have been lost or destroyed or otherwise unavailable, the testimony, if clear and credible, of the victim's mother or a member of the family either by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth of the offended party pursuant to Section 40, Rule 130 of the Rules on Evidence shall be sufficient under the following circumstances:
- If the victim is alleged to be below 3 years of age and what is sought to be proved is that she is less than 7 years old;
- If the victim is alleged to be below 7 years of age and what is sought to be proved is that she is less than 12 years old;
- If the victim is alleged to be below 12 years of age and what is sought to be proved is that she is less than 18 years old.
4. In the absence of a certificate of live birth, authentic document, or the testimony of the victim's mother or relatives concerning the victim's age, the complainant's testimony will suffice provided that it is expressly and clearly admitted by the accused.
5. It is the prosecution that has the burden of proving the age of the offended party. The failure of the accused to object to the testimonial evidence regarding age shall not be taken against him. (Emphases ours.)
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
1. when the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law-spouse of the parent of the victim. (Emphases ours.)
ART. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
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:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common law spouse of the parent of the victim. (Emphases ours.)
SEC. 7. Determination of Age. -- The child in conflict with the law shall enjoy the presumption of minority. He/She shall enjoy all the rights of a child in conflict with the law until he/she is proven to be eighteen (18) years of age or older. The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. In case of doubt as to the age of the child, it shall be resolved in his/her favor.
SEC. 68. Children Who Have Been Convicted and are Serving Sentences. -- Persons who have been convicted and are serving sentence at the time of the effectivity of this Act, and who were below the age of eighteen (18) years at the time of the commission of the offense for which they were convicted and are serving sentence, shall likewise benefit from the retroactive application of this Act. They shall be entitled to appropriate dispositions provided under this Act and their sentences shall be adjusted accordingly. They shall be immediately released if they are so qualified under this Act or other applicable law.
SEC. 6. Minimum Age of Criminal Responsibility. -- A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. However, the child shall be subjected to an intervention program pursuant to Section 20 of the Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt from criminal liability and be subjected to an intervention program, unless he/she has acted with discernment, in which case, such child shall be subjected to the appropriate proceedings in accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil liability, which shall be enforced in accordance with existing laws. (Emphases ours.)
SEC. 38. Automatic Suspension of Sentence. -- Once the child who is under eighteen (18) years of age at the time of the commission of the offense is found guilty of the offense charged, the court shall determine and ascertain any civil liability which may have resulted from the offense committed. However, instead of pronouncing the judgment of conviction, the court shall place the child in conflict with the law under suspended sentence, without need of application. Provided, however, That suspension of sentence shall still be supplied even if the juvenile is already eighteen years (18) of age or more at the time of the pronouncement of his/her guilt.
Upon suspension of sentence and after considering the various circumstances of the child, the court shall impose the appropriate disposition measures as provided in the Supreme Court Rule on Juvenile in Conflict with the Law.
SEC. 40. Return of the Child in Conflict with the Law to Court. -- If the court finds that the objective of the disposition measures imposed upon the child in conflict with the law have not been fulfilled, or if the child in conflict with the law has willfully failed to comply with the conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under suspended sentence, the court shall determine whether to discharge the child in accordance with this Act, to order execution of sentence, or to extend the suspended sentence for a certain specified period or until the child reaches the maximum age of twenty-one (21) years. (Emphasis ours.)
SEC. 51. Confinement of Convicted Children in Agricultural Camps and Other Training Facilities. -- A child in conflict with the law may after conviction and upon order of the court, be made to serve his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and other training facilities that may be established, maintained, supervised and controlled by the [Bureau of Corrections], in coordination with the [Department of Social Welfare and Development].
(1) | For the first count of rape herein established, the accused-appellant Henry Arpon y Juntilla is hereby EXEMPTED from criminal liability. |
(2) | For the second and third counts of rape, the accused-appellant is found GUILTY beyond reasonable doubt of two (2) counts of QUALIFIED RAPE and is hereby sentenced to suffer the penalty of reclusion perpetua for each count. |
(3) | As to the civil liability, the accused-appellant is ORDERED to pay AAA for each of the three (3) counts of rape P75,000.00 as civil indemnity, P75,000.00 as moral damages and P30,000.00 as exemplary damages, plus legal interest on all damages awarded at the legal rate of 6% from the date of finality of this Decision |
(4) | The case is hereby REMANDED to the court of origin for its appropriate action in accordance with Section 51 of Republic Act No. 9344. |
Endnotes:
1 Rollo, pp. 4-28; penned by Associate Justice Amy C. Lazaro-Javier with Associate Justices Pampio A. Abarintos and Francisco P. Acosta, concurring.
2 CA rollo, pp. 74-89; penned by Judge Crisostomo L. Garrido.
3 The real name or any other information tending to establish the identity of the private complainant and those of her immediate family or household members shall be withheld in accordance with Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and For Other Purposes; Section 40 of A.M. No. 04-10-11-SC, known as "Rule on Violence Against Women and Their Children" effective November 15, 2004; and People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.
Thus, the private offended party shall be referred to as AAA. The initials BBB shall refer to the stepfather of the private offended party. CCC shall stand for her mother, while DDD shall indicate her younger sister. XXX shall denote the place where the crime was allegedly committed.
4 From the records of the case, i.e., the Sworn Statement executed by AAA before the police on October 25, 1999 (Records, Vol. VIII, p. 7) and the transcript of the preliminary investigation conducted by the Municipal Trial Court (Records, Vol. VIII, pp. 11-14), it appears that AAA initially incriminated two individuals for the incidents of rape allegedly committed against her, namely the accused-appellant and his brother Henrile Arpon. Subsequently, it was mentioned during the trial of the cases before the RTC that Henrile Arpon was already dead. (See TSN, July 10, 2002, p. 3.)
5 Records, Vol. I, p. 1.
6 Id., Vol. II, p. 1.
7 Id., Vol. III, p. 1.
8 Id., Vol. IV, p. 1.
9 Id., Vol. V, p. 1.
10 Id., Vol. VI, p. 1.
11 Id., Vol. VII, p. 1.
12 Id., Vol. VIII, p. 1.
13 Id. at 28.
14 Id. at 30.
15 TSN, May 21, 2002, p. 4.
16 Id. at 5-6.
17 Id. at 7-9.
18 Id. at 10-11.
19 Records, Vol. VIII, p. 8.
20 Id. at 9.
21 Id. at 8.
22 TSN, August 1, 2002, pp. 3-6.
23 Id. at 7-8.
24 Records, Vol. VIII, pp. 77-78.
25 Id. at 81-82.
26 Id. at 89-90.
27 CA rollo, p. 46.
28 Id. at 56-73, 98A-127.
29 Id. at 160.
30 G.R. Nos. 147678-87, July 4, 2004, 433 SCRA 640.
31 Rollo, pp. 27-28.
32 Id. at 29-31.
33 Id. at 32.
34 Id. at 38.
35 Id. at 39-41.
36 Id. at 43-48.
37 CA rollo, pp. 58-59.
38 People v. Padilla, G.R. No. 182917, June 8, 2011.
39 An Act Expanding the Definition of the Crime of Rape, Reclassifying the Same as a Crime Against Persons, Amending for the Purpose Act No. 3815, as amended, Otherwise Known as the Revised Penal Code and for Other Purposes.
40 People v. Lindo, G.R. No. 189818, August 9, 2010, 627 SCRA 519, 526.
41 As amended by Republic Act No. 7659, entitled An Act to Impose the Death Penalty on Certain Heinous Crimes Amending for that Purpose the Revised Penal Code, as Amended, Other Special Laws, and for Other Purposes. The said law took effect on December 31, 1993.
42 G.R. No. 185616, November 24, 2010, 636 SCRA 221.
43 Id. at 228-229.
44 People v. Mercado, G.R. No. 189847, May 30, 2011.
45 People v. Maglente, G.R. No. 179712, June 27, 2008, 556 SCRA 447, 464-465.
46 G.R. No. 187077, February 23, 2011, 644 SCRA 312.
47 Id. at 322-323.
48 TSN, May 21, 2002, pp. 5-6.
49 People v. Mercado, supra note 44.
50 TSN, May 21, 2002, pp. 7-9.
51 Id. at 10.
52 People v. Matunhay, G.R. No. 178274, March 5, 2010, 614 SCRA 307, 318.
53 Id.
54 People v. Del Rosario, 398 Phil. 292, 301 (2000).
55 People v. Tabio, G.R. No. 179477, February 6, 2008, 544 SCRA 156, 166.
56 People v. Baroquillo, G.R. No. 184960, August 24, 2011.
57 Records, Vol. VIII, p. 76.
58 Rollo, p. 44.
59 People v. Maglente, supra note 45 at 465-466.
60 TSN, May 21, 2002, p. 4.
61 TSN, August 1, 2002, p. 8.
62 439 Phil. 440, 470-471 (2002).
63 Records, Vol. VIII, p. 71.
64 People v. Yatar, G.R. No. 150224, May 19, 2004, 428 SCRA 504, 521.
65 People v. Ramos, 442 Phil. 710, 732 (2002).
66 TSN, August 1, 2002, pp. 7-8.
67 459 Phil. 1023, 1039 (2003).
68 People v. Feliciano, 418 Phil. 88, 106 (2001).
69 Section 4(e) of Republic Act No. 9344 reads:
SEC. 4. Definition of Terms. -- The following terms as used in this Act shall be defined as follows:
x x x x
(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged as, having committed an offense under Philippine laws.
70 G.R. No. 182941, July 3, 2009, 591 SCRA 666.
71 Id. at 686.
72 TSN, August 1, 2002, p. 3.
73 G.R. No. 169641, September 10, 2009, 599 SCRA 20, 48.
74 Paragraphs 2 and 3 of Article 12 of the Revised Penal Code, as amended, read:
ART. 12. Circumstances which exempt from criminal liability. - The following are exempt from criminal liability:
x x x x
2. A person under nine years of age.
3. A person over nine years of age and under fifteen, unless he has acted with discernment, in which case, such minor shall be proceeded against in accordance with the provisions of Article 80 of this Code.
When such minor is adjudged to be criminally irresponsible, the court, in conformity with the provisions of this and the preceding paragraph, shall commit him to the care and custody of his family who shall be charged with his surveillance and education; otherwise, he shall be committed to the care of some institution or person mentioned in said Article 80.
75 Sierra v. People, supra note 70 at 681-682.
76 People v. Sarcia, supra note 73.
77 G.R. No. 180380, August 4, 2009, 595 SCRA 274, 296-297.
78 G.R. No. 184922, February 23, 2011, 644 SCRA 278, 286.
79 People v. Sarcia, supra note 73 at 45.
80 People v. Sambrano, 446 Phil. 145, 161 (2003).
81 People v. Masagca, Jr., supra note 78 at 286-287.
82 G.R. No. 190616, June 29, 2010, 622 SCRA 602, 615.
83 People v. Padilla, G.R. No. 182917, June 8, 2011.