Supreme Court
Supreme Court
SUPREME COURT and she was left alone in the house. Accused-
Manila appellant came in, pushed her into the room, and
threatened to kill her if she reported what happened.
THIRD DIVISION He undressed himself and the complainant. The latter
was standing and refused to remove her panty but
G.R. No. 184874 October 9, 2009 she obliged when accused-appellant insisted. Then
he made her lie on the bed and placed his penis in
her vagina. The complainant struggled, moved, and
ROBERT REMIENDO y SIBLAWAN, Petitioner,
pushed accused-appellant. She felt pain when
vs.
accused-appellant inserted his penis into her vagina.
THE PEOPLE OF THE PHILIPPINES, Respondent.
She cried until accused-appellant left, but she did not
shout because accused-appellant warned her not to,
DECISION or else he would kick her. She put on her clothes after
accused-appellant left. Her parents arrived in the
NACHURA, J.: afternoon but she did not tell them what happened to
her because her mother might whip her.
This is a petition1 for review on certiorari under Rule
45 of the Rules of Court assailing the Decision2 dated Sometime in May 1997, [AAA] was again sexually
November 16, 2007 and the Resolution 3 dated assaulted by accused-appellant, which took place in
October 3, 2008 of the Court of Appeals (CA) in CA- the house of the latter. At that time, she was on her
G.R. CR No. 29316 entitled, "People of the way to see her mother at her workplace after she had
Philippines v. Robert Remiendo y Siblawan." lunch. When she passed by the house of accused-
appellant, the latter pulled her into his house and
The case arose from the filing of two criminal brought her into his room. She cried and shouted but
informations, both dated March 10, 2008, against accused-appellant told her to keep quiet. She
petitioner Robert Remiendo y Siblawan (Remiendo), struggled but was helpless because accused-
that read— appellant was stronger. They were alone in the room.
Accused-appellant removed his clothes and told her
Criminal Case No. 98-CR-2999 to remove her panty. Afraid, she removed her panty
and was made to lie on the bed. Accused-appellant
That in or about the month of March 1997, at inserted his penis into her vagina and she felt pain.
Badiwan, Municipality of Tuba, Benguet Province, She kept on moving but she could not push away
Philippines, and within the jurisdiction of this accused-appellant. She moved her shoulders and
Honorable Court, the above-named accused, did then pushed accused-appellant with both hands but he
and there willfully, unlawfully and feloniously have was stronger. Afterwards, accused-appellant moved
carnal knowledge of one [AAA], a girl below 12 years away and threatened to kill her if she told anyone
of age. what happened. She responded that she would not
tell anyone. Later, she executed a sworn statement
CONTRARY TO LAW.4 and identified accused-appellant as the person who
raped her.
Criminal Case No. 98-CR-3000
Dr. Ronald R. Bandonill, Medico-Legal Officer of the
National Bureau of Investigation (NBI)-Cordillera
That in or about the month of May 1997, at Badiwan, Administrative Region, physically examined the
Municipality of Tuba, Benguet Province, Philippines, complainant on 2 January 1998. Said medico-legal
and within the jurisdiction of this Honorable Court, the officer testified that [AAA] was thirteen (13) years old
above-named accused, did then and there willfully, and a Grade III pupil at Badiwan Tuba, Benguet at the
unlawfully and feloniously have carnal knowledge of time of the examination. She was four feet and eleven
one [AAA], a girl below 12 years of age. inches (4’11") tall, weighed 78 pounds, fairly
nourished, and fairly developed. She was conscious,
CONTRARY TO LAW.5 coherent, and cooperative. She was ambulatory and
had no extra-genital injuries. Upon examination of her
Upon arraignment, Remiendo pled "not guilty" to both genital area, he found old lacerations of the hymen at
charges. After pretrial, a joint trial ensued before the 5:00 and 7:00 o’clock positions, which meant that her
Regional Trial Court (RTC), Branch 62, La Trinidad, hymen was altered by a hard rigid instrument. The
Benguet. Both the prosecution and the defense lacerations were done more than three (3) months
presented their respective evidence, summarized by prior to the examination. To determine the
the CA in its Decision, to wit: approximate size of the object that the hymenal
opening could accommodate, he inserted a test tube.
The prosecution presented the following version of The 2.5-centimeter diameter of said tube was
facts: admitted with ease by the hymenal orifice. He noted
that the vaginal walls were lax and the ridges inside
The complainant [AAA] was born on 16 February were smothered. The complainant told him that
1986. At the time of the commission of the offense, accused-appellant raped her. He presented a written
she was a minor below 12 years of age. She knew report of his findings.
accused-appellant Robert Remiendo as he was
residing near the house where her family used to stay. On 12 July 1998, psychiatrist Dr. Elsie I. Caducoy
Sometime in March 1997, she was sexually assaulted conducted an examination of the mental condition of
by accused-appellant inside said house. On that day, the complainant. The latter was also scheduled for
psychological examination to be conducted by Elma the gas such that the fumes from the exhaust pipe
Buadken. The result of the examination showed that were directed at the complainant. Later, Lea
[AAA] is suffering from psychosis and organicity. She Chiwayan learned that [AAA] filed a case against
has a below average intelligence quotient of 88, but accused-appellant.
not on the level of mental retardation. She can
perform simple tasks but needs guidance. As to her Dolores L. Daniel, Grade II teacher of [AAA] for the
studies, she can hardly comprehend what is being school year 1997-1998, testified that the latter was
taught to her. Having psychosis means that her brain unruly and a liar. The complainant would pick fights
is afflicted with a disease. Her medical history showed and steal money from her classmates. However, the
that she suffered head and body injuries brought witness admitted that there was no written record in
about by being sideswiped by a motor vehicle school that she reprimanded complainant for her
sometime in 1996. She was confined in the hospital behavior. She knew that the complainant had an
for twelve (12) days. Said injuries substantially accident before.
contributed to her present condition. Organicity, on
the other hand, means that the complainant suffers Victor Daniel, a jitney operator, testified that accused-
from a cloud of memory, upward rolling of the appellant was one of his drivers. He described
eyeballs, stiffening of the extremities, loss of accused-appellant as a hardworking and industrious
consciousness, and epileptic seizures. Her psychosis person. When he learned that Robert Remiendo was
occurs after seizure. She is not, however, insane. accused of rape, he was outraged because he knew
During a seizure, she does not know what is going on, the daily activities of accused-appellant. The latter
but afterwards she returns to her level of could not have done such act under his strict
consciousness. With regular medication, her seizures supervision.
will be greatly minimized. During her interview, the
complainant had a seizure and the psychiatrist had to
Accused-appellant testified that he knew the
wait until her consciousness level returned. The
complainant, as she was a townmate of his mother. In
complainant then revealed that accused-appellant and
September 1996, he and his parents were then
a certain Reynoso Cera raped her. The psychiatrist
residing in Badiwan. When the complainant figured in
opined that during the rape, she did not have a
an accident at that time, he was the one who informed
seizure because if she had, she would not have
her parents. The first time he saw the complainant
remembered what had happened. The fact that she
was during the time when he was doing some repairs
was able to narrate what happened and who raped
on his jitney. He saw the complainant and her
her suggested that she was on her conscious level at
playmates go inside the jitney. He told them to alight
such time. A written report of the foregoing findings
from the vehicle. Sometime in June 1997, he again
was submitted in court.
saw the complainant and her sister playing inside the
jitney. He told them to alight as they were disturbing
The defense presented the following version of facts: him. On the day he was playing basketball at the
church grounds in Badiwan, Lea and Emma
Lea F. Chiwayan, thirteen (13) years old, testified that Chiwayan approached him and asked him if it was
she was a friend, playmate, and neighbor of the true that he raped [AAA]. He asked where the latter
complainant. She testified that she and [AAA] played was and went to see her. Out of anger, he borrowed
together and talked about their "crushes." The the vehicle of Junie, started the engine, directed the
complainant told Lea Chiwayan that she had a crush exhaust pipe at the complainant, and revved the
on accused-appellant. Sometime in April or May 1997, engine so the smoke would go straight to her. He
the complainant said that her brother had molested slapped her and said "if I would like someone, it would
her, and that he and his father had sexual intercourse not be you because there are a lot of girls better than
with her in their house in Poyopoy, Tuba. Sometime in you." During the Christmas party in Badiwan, he again
August 1997, the complainant confided that Reynoso saw the complainant roaming around the dance area.
Cera raped her in his house. She told Lea Chiwayan He told her to get out as she irritated the people
that she did not feel anything because she was used dancing. The complainant said nothing and left the
to having sexual intercourse with brother and father. dance floor. Thereafter, he saw the complainant
One Saturday afternoon, Lea Chiwayan and the laughing and smiling. He learned that he was charged
complainant were playing when they saw accused- with two (2) counts of rape when he received a
appellant going to the basketball court near the subpoena issued by the Office of the Provincial
church. They followed him and watched a basketball Prosecutor in January 1998. 6 1avvph!1
WHEREFORE, premises considered, the instant 1. The best evidence to prove the age of the
appeal is DISMISSED. The Joint Judgment dated 27 offended party is an original or certified true
October 2004 rendered by the Regional Trial Court, copy of the certificate of live birth of such
Branch 62, La Trinidad, Benguet, is AFFIRMED with party.
MODIFICATION on the civil liability of accused-
appellant. He is ordered to pay the complainant, for 2. In the absence of a certificate of live birth,
each count of rape, the sum of (a) ₱50,000.00 as civil similar authentic documents such as
indemnity, (b) ₱50,000.00 as moral damages, and (c) baptismal certificate and school records which
₱25,000.00 as exemplary damages. show the date of birth of the victim would
suffice to prove age.
SO ORDERED.9
3. If the certificate of live birth or authentic
Remiendo moved to reconsider the November 16, document is shown to have been lost or
2007 Decision, but the CA denied the motion in its destroyed or otherwise unavailable, the
October 3, 2008 Resolution; hence, this petition testimony, if clear and credible, of the victim’s
alleging that— mother or a member of the family either by
affinity or consanguinity who is qualified to
(a) THE COURT OF APPEALS GRAVELY testify on matters respecting pedigree such as
ERRED IN AFFIRMING THE DECISION OF the exact age or date of birth of the offended
THE COURT A QUO CONVICTING party pursuant to Section 40, Rule 130 of the
PETITIONER OF STATUTORY RAPE Rules of Evidence shall be sufficient under the
DESPITE THE ABSENCE OF EVIDENCE TO following circumstances:
PROVE THE TRUE AND REAL AGE OF THE
PRIVATE COMPLAINANT. a. If the victim is alleged to be below 3
years of age and what is sought to be
(b) THE COURT OF APPEALS GRAVELY proved is that she is less than 7 years
ERRED IN NOT GIVING PETITIONER THE old;
BENEFIT ACCORDED TO HIM BY
REPUBLIC ACT 9344 KNOWN AS THE b. If the victim is alleged to be below 7
JUVENILE JUSTICE AND WELFARE ACT years of age and what is sought to be
OF 2006 INCREASING THE AGE OF proved is that she is less than 12
CRIMINAL RESPONSIBILITY.10 years old;
Remiendo questions his conviction for statutory rape c. If the victim is alleged to be below
despite the purported absence of competent proof 12 years of age and what is sought to
that AAA was below 12 years old at the time of the be proved is that she is less than 18
alleged commission of the crimes. According to him, years old.
the Certificate of Live Birth of AAA offered by the
prosecution during its formal offer of exhibits was not 4. In the absence of a certificate of live birth,
admitted by the RTC in its Order11 dated September authentic document, or the testimony of the
14, 1999 because "it was neither identified by any victim’s mother or relatives concerning the
witness, nor marked as exhibit during the trial though victim’s age, the complainant’s testimony will
suffice provided that it is expressly and clearly Pros. Suanding:
admitted by the accused.
Yes, your honor. We agree, your honor.21
5. It is the prosecution that has the burden of
proving the age of the offended party. The This statement cannot qualify as a judicial admission
failure of the accused to object to the on the birth date of AAA. A judicial admission is an
testimonial evidence regarding age shall not admission, verbal or written, made by a party in the
be taken against him. course of the proceedings in the same case and it
dispenses with proof with respect to the matter or fact
6. The trial court should always make a admitted. It may be contradicted only by showing that
categorical finding as to the age of the victim.15 it was made through palpable mistake or that no such
admission was made.22 In this case, what was only
In this case, the prosecution offered in evidence a admitted was that the entry of AAA’s date of birth
certified true copy of AAA’s Certificate of Live appearing in her school record is February 21, 1983.
Birth16 as part of the testimonies of AAA and her There was no such admission that the said date was
mother that AAA was born on February 21, 1986. It the correct birthday of AAA. And as between the
was reserved for marking as part of the exhibits for school record and the testimonies of AAA and her
the prosecution, as shown in the Pretrial Order 17 dated mother BBB, the latter must prevail.
November 16, 1998. During the trial, in order to
abbreviate the proceedings, the parties agreed to As to the credibility of AAA as a witness,
stipulate on the testimony of AAA’s mother, jurisprudence instructs us that the trial court’s
specifically on the following facts: assessment deserves great weight, and is even
conclusive and binding, if not tainted with arbitrariness
1. That she is [BBB], the natural mother of or oversight of some fact or circumstance of weight
[AAA], the victim in these two (2) Criminal and influence. The reason is obvious. Having the full
Cases Nos. 98-CR-2999 and 98-CR-3000; opportunity to observe directly the witnesses’
deportment and manner of testifying, the trial court is
2. That on January 5, 1998[,] she executed an in a better position than the appellate court to
affidavit-complaint for and on behalf of her evaluate testimonial evidence properly.23
daughter which she subscribed before NBI
agent Atty. Dave Alunan; and Testimonies of rape victims who are young and
immature deserve full credence, inasmuch as no
3. That the subject matter of her sworn young woman, especially of tender age, would
statement against Reynoso Cera and Robert concoct a story of defloration, allow an examination of
Remiendo is the alleged statutory rape her private parts, and thereafter pervert herself by
against [AAA].18 being the subject of a public trial, if she was not
motivated solely by the desire to obtain justice for the
wrong committed against her. Youth and immaturity
And part of the affidavit-complaint of BBB is the
are generally badges of truth. It is highly improbable
statement that AAA was born on February 21, 1986. 19
that a girl of tender years, one not yet exposed to the
ways of the world, would impute to any man a crime
A certificate of live birth is a public document that so serious as rape if what she claims is not true.24
consists of entries (regarding the facts of birth) in
public records (Civil Registry) made in the
What is more, AAA’s testimony of rape was
performance of a duty by a public officer (Civil
corroborated by the NBI medico-legal examination
Registrar). As such, it is prima facie evidence of the
showing healed lacerations on her hymen. Hymenal
fact of birth of a child,20 and it does not need
lacerations, whether healed or fresh, are the best
authentication. It can only be rebutted by clear and
evidence of forcible defloration. When the consistent
convincing evidence to the contrary. Thus, despite the
and forthright testimony of a rape victim is consistent
September 14, 1999 Order, the RTC correctly
with medical findings, there is sufficient basis to
appreciated the same in its Joint Judgment.
warrant a conclusion that the essential requisites of
carnal knowledge have been established. When there
Nevertheless, even assuming that the Certificate of is no evidence to show any improper motive on the
Live Birth was not appreciated by the RTC, the part of the rape victim to testify falsely against the
prosecution was able to establish that AAA was below accused or to falsely implicate him in the commission
12 years old during the two occasions of rape per the of a crime, the logical conclusion is that the testimony
guidelines laid down in Pruna. It is significant to note is worthy of full faith and credence.25 In this case,
that both AAA and BBB testified that AAA was born Remiendo failed to convince us to rule otherwise.
on February 21, 1986. This fact was neither denied
nor objected to by the defense. The argument of
Remiendo also posits that he should benefit from the
Remiendo that the prosecution admitted in the course
mandate of Republic Act (R.A.) No. 9344, otherwise
of trial that AAA’s birthday was February 21, 1984
known as the Juvenile Justice and Welfare Act of
cannot stand. As quoted by Remiendo in his petition
2006.
—
The pertinent provision of R.A. No. 9344 reads –
Court:
SEC. 6. Minimum Age of Criminal Responsibility. – A
Anyway, it is stated in that document that the birth
child fifteen (15) years of age or under at the time of
date of [AAA] was February 21, 1983. Do you agree
the commission of the offense shall be exempt from
that that is an entry there?
criminal liability. However, the child shall be subjected
to an intervention program pursuant to Section 20 of If the child in conflict with the law has reached
this Act. eighteen (18) years of age while under suspended
sentence, the court shall determine whether to
A child above fifteen (15) years but below eighteen discharge the child in accordance with this Act, to
(18) years of age shall be likewise exempt from order execution of sentence, or to extend the
criminal liability and be subjected to an intervention suspended sentence for a certain period or until the
program, unless he/she acted with discernment, in child reaches the maximum age of twenty-one (21)
which case, such child shall be subjected to the years.30
appropriate proceedings in accordance with this Act.
Remiendo was born on January 21, 1982. The Joint
The exemption from criminal liability herein Judgment was promulgated on October 27, 2004.
established does not include exemption from civil Thus, at the time of the imposition of his sentence,
liability, which shall be enforced in accordance with Remiendo was already 22 years old and could no
existing laws.26 longer be considered a child for the purposes of the
application of R.A. No. 9344.
Remiendo argues that the prosecution failed to
establish that he acted with discernment in the WHEREFORE, the petition is DENIED, and the
commission of the crimes charged. Thus, he claims Decision dated November 16, 2007 and the
that he should be exempt from criminal liability. Resolution dated October 3, 2008 of the Court of
Appeals are AFFIRMED. No costs.
We differ. Discernment is the mental capacity to
understand the difference between right and wrong. SO ORDERED.
The prosecution is burdened to prove that the
accused acted with discernment by evidence of ANTONIO EDUARDO B. NACHURA
physical appearance, attitude or deportment not only Associate Justice
before and during the commission of the act, but also
after and during the trial. The surrounding WE CONCUR:
circumstances must demonstrate that the minor knew
what he was doing and that it was wrong. Such ANTONIO T. CARPIO
circumstance includes the gruesome nature of the Acting Chief Justice
crime and the minor’s cunning and shrewdness.27 Chairperson
Culled from the records of this case, it is manifest that CONCHITA CARPIO PRESBITERO J.
Remiendo acted with discernment, being able to MORALES* VELASCO, JR.
distinguish between right and wrong and knowing fully Associate Justice Associate Justice
well the consequences of his acts against AAA.
During the rape that occurred in March 1997,
Remiendo waited for AAA to be left alone at her DIOSDADO M. PERALTA
house before he came, and, while doing his dastardly Associate Justice
act, threatened to kick her should she shout for help.
In May 1997, Remiendo again ravished AAA in the CERTIFICATION
room of his house when the latter passed by and,
thereafter, threatened to kill her if she told anybody Pursuant to Section 13, Article VIII of the Constitution,
about what had just happened. Per his own testimony, I certify that the conclusions in the above Decision
he knew that committing rape was wrong because he had been reached in consultation before the case was
claimed to have been enraged when he was asked by assigned to the writer of the opinion of the Court’s
AAA’s playmates if he indeed raped AAA, to the point Division.
of slapping her and revving up the engine of a jitney
and directing the smoke from the exhaust pipe ANTONIO T. CARPIO
towards her. Acting Chief Justice
6
Rollo, pp. 37-44. Padua v. People, G.R. No. 168546, July 23,
29
9
Id. at 54-55.
10
Id. at 20-21,
288.
14
439 Phil. 440, 470-471 (2002).
273.
17
Id. at 125-127.
18
Id. at 264.
19
Id. at 279.
21
TSN, January 27, 1999, p. 5.
25
Id.
26
Emphasis supplied.