PEOPLE v Tulagan  He claimed that he did not know AAA well, but admitted

March 12, 2019 that he lived barely five (5) meters away from AAA's
GR No. 227363 grandmother's house where she lived.
Articles: Art. 9 Civil Code, Article 266 RPC, R.A. No. 8353  He also claimed that he never went to AAA's house and
or The Anti-Rape Law, R.A. No. 7610 or that he had not seen AAA during the entire month of
The Special Protection of Children Against Abuse, September 2011.
Exploitation and Discrimination Act   He also claimed that before the alleged incidents occurred,
his mother had a misunderstanding with AAA's
FACTS: grandmother, who later on started spreading rumors that
 Appeal from the Decision of the Court of Appeal he raped her granddaughter.
 invoked the same arguments he raised before the CA in
assailing his conviction. Appellate Court erred in giving
weight and credence to the inconsistent testimony of AAA Aggrieved, Tulagan invoked the same arguments he raised before
 CA affirmed Joint Decision of RTC the CA in assailing his conviction.
 The instant appeal has no merit. He alleged that the appellate court erred in giving weight and
 Accused filed an appeal against the decision of the RTC credence to the inconsistent testimony of AAA,
that RTC does not have factual evidence to prove that he is and in sustaining his conviction despite the
guilty beyond unreasonable doubt. prosecution's failure to prove his guilt beyond reasonable doubt.
 Regional Trial Court (RTC) of San Carlos City Ruling: To support his appeal,
 accused-appellant Salvador Tulagan (Tulagan) guilty he argued that the testimony of AAA was fraught with
beyond reasonable doubt of the crimes of sexual assault inconsistencies and lapses which affected her credibility
and statutory rape as defined and penalized under Article
266-A, paragraphs 2 and 1(d) of the Revised Penal Code Factual finding of the trial court carry great weight and respect due
(RPC), respectively, in relation to Article 266-B to the unique opportunity afforded them to observe the witness
when he placed on the stand. Consequently appellate courts will not
 They heavily relied on the credible and positive declaration
overturn the factual findings of the trial court in absence of facts or
of the victim as against the alibi and denial of Tulagan.
circumstances of weight and substance that would affect the result
of the case.
1st CASE: Case No. SCC-6210
in the month of September 2011- accused, by means of force,
PREMISES CONSIDERED, the appeal is DENIED
intimidation and with abuse of superior strength forcibly laid
complainant AAA, a 9-year-old minor in a cemented pavement, and
ISSUE:
did then and there, willfully, unlawfully and feloniously inserted his
WON- Whether the accused is guilty beyond unreasonable doubt
finger into the vagina of the said AAA, against her will and consent.
of both crimes charged against him.
Contrary to Article 266-A, par. 2 of the Revised Penal Code in
Factual finding of the trial court carry great weight and respect due
relation to R.A. 7610
to the unique opportunity afforded them to observe the witness
when he placed on the stand. Consequently appellate courts will not
2nd CASE: Case No. SCC-6211
overturn the factual findings of the trial court in absence of facts or
October 8, 2011- accused, by means of force, intimidation and with circumstances of weight and substance that would affect the result
of the case.
abuse of superior strength, did then and there, willfully, unlawfully
and feloniously have sexual intercourse with complainant AAA, a 9-
DISPOSITION:
year-old minor against her will and consent to the damage and
prejudice of said AAA, against her will and consent.
WHEREFORE, PREMISES CONSIDERED, the appeal is DENIED. The
Joint Decision dated February 10, 2014 of the Regional Trial Court in
Contrary to Article 266-A, par. 1(d) of the Revised Penal Code in
Criminal Case Nos. SCC-6210 and SCC-6211, as affirmed by the Court
relation to R.A. 7610.
of Appeals Decision dated August 17, 2015 in CA-G.R. CR-HC No.
06679, is AFFIRMED with MODIFICATIONS. We find accused-
DATES OF THE CRIME:
appellant Salvador Tulagan:
October 17, 2011 (Aunt of the victim testified)
September 2011 (the victim testified)
1. Guilty beyond reasonable doubt of Sexual Assault under
October 8, 2011( victim testified)
paragraph 2, Article 266-A of the Revised Penal Code, in
relation to Section 5(b) of Republic Act No. 7610, in
genital examination by Dr. Brenda Tumacder:
Criminal Case No. SCC-6210, and is sentenced to suffer the
she found a healed laceration at 6 o'clock position in AAA's hymen,
indeterminate penalty of twelve (12) years, ten (10)
and a dilated or enlarged vaginal opening.
months and twenty-one (21) days of reclusion temporal,
as minimum, to fifteen (15) years, six (6) months and
RTC TULAGAN’s DEFENSE:
twenty (20) days of reclusion temporal, as maximum.
Appellant is ORDERED to PAY AAA the amounts of
 P50,000.00 as civil indemnity, P50,000.00 as moral
damages, and P50,000.00 as exemplary damages.
Prior to the effectivity of R.A. No. 8353 or The Anti-Rape Law
of 1997 on October 22, 1997, acts constituting sexual assault
2. Guilty beyond reasonable doubt of Statutory Rape under under paragraph 2,14 Article 266-A of the RPC, were punished
as acts of lasciviousness under Article No. 33615 of the RPC or
Article 266-A(1)(d) and penalized in Article 266-B of the
Act No. 3815 which took effect on December 8, 1930. For an
Revised Penal Code, in Criminal Case No. SCC-6211, and is accused to be convicted of acts of lasciviousness,
sentenced to suffer the penalty of reclusion perpetua with
modification as to the award of damages. Appellant is the confluence of the following essential elements must be
ORDERED to PAY AAA the amounts of P75,000.00 as civil proven:
indemnity, P75,000.00 as moral damages, and P75,000.00 (1) that the offender commits any act of lasciviousness or
as exemplary damages. lewdness; and
(2) that it is done under any of the following circumstances:
(a) by using force or intimidation;
Legal interest of six percent (6%) per annum is imposed on all
(b) when the offended woman is deprived of reason or
damages awarded from the date of finality of this Decision until fully otherwise unconscious; or
paid. (c) when the offended party is under twelve (12) years of
age.

NOTES: The term lewd is commonly defined as something indecent or

obscene
Trial judges enjoy the advantage of observing the witness'
R.A. No. 7610 or The Special Protection of Children Against
deportment and manner of testifying, her "furtive glance, blush of
Abuse, Exploitation and Discrimination Act took effect on June
conscious shame, hesitation, flippant or sneering tone, calmness, 17, 1992 and its Implementing Rules and Regulation was
sigh, or the scant or full realization of an oath" - all of which are promulgated in October 1993, the term "lascivious
useful aids for an accurate determination of a witness' honesty and conduct" was given a specific definition.
sincerity.
Upon the effectivity of R.A. No. 8353, specific forms of
Jurisprudence tells us that a witness' testimony containing acts of lasciviousness were no longer punished under
Article 336 of the RPC, but were transferred as a separate
inconsistencies or discrepancies does not, by such fact alone,
crime of "sexual assault" under paragraph 2, Article
diminish the credibility of such testimony. In fact, the variance in
266-A of the RPC. 
minor details has the net effect of bolstering instead of diminishing
the witness' credibility because they discount the possibility of a The dichotomy between rape and sexual assault can be gathered
rehearsed testimony. Instead, what remains paramount is the from the deliberation of the House of Representatives on the Bill
witness' consistency in relating the principal elements of the crime entitled "An Act To Amend Article 335 of the Revised Penal Code,
and the positive and categorical identification of the accused as the as amended, and Defining and Penalizing the Crime of Sexual
perpetrator of the same. Assault":

the fact that some of the details testified to by AAA did not appear
in her Sinumpaang Salaysay does not mean that the sexual assault
did not happen. AAA was still able to narrate all the details of the
sexual assault she suffered in Tulagan's hands. AAA's account of her
ordeal being straightforward and candid and corroborated by the
medical findings of the examining physician, as well as her positive
identification of Tulagan as the perpetrator of the crime, are, thus,
sufficient to support a conviction of rape.

As for Tulagan's imputation of ill motive on the part of AAA's

grandmother, absent any concrete supporting evidence

 Youth and immaturity are generally badges of

truth and sincerity.

Being a negative defense, the defense of denial, if not substantiated

by clear and convincing evidence, as in the instant case, deserves
no weight in law and cannot be given greater evidentiary value than
the testimony of credible witnesses.

Tulagan failed to prove that there was physical impossibility for

him to be at the crime scene when the rape was committed. Thus,
his alibi must fail.