SECOND DIVISION

[G.R. No. 127495. December 22, 2000.]

PEOPLE OF THE PHILIPPINES , plaintiff-appellee, vs . NOLITO BORAS Y

DOE , accused-appellant.

The Solicitor General for plaintiff-appellee.

Public Attorney's Office for accused-appellant.

SYNOPSIS

Nolito Boras was charged of raping six-year-old Melanie Medalla. Prosecution

evidence showed that on December 13, 1991 at around 9:00 o'clock in the morning, while
Melanie was playing alone, their neighbor Nolito Boras invited her to go with him. Since she
is familiar with him, she acceded. When they arrived at a guava tree near the coconut
plantation, around 15 meters from her house, Nolito told her to have sex with him. Obeying
his instruction, Melanie removed her panty. Thereafter, she was placed on top and in
between his legs and Nolito inserted his penis into her vagina. While Nolito was satisfying
his salacious desire, Cirilo Guerila, the victim's uncle, arrived. Melanie ran away. Upon
medical examination, it was found out that Melanie suffered a hymenal laceration at 3
o'clock position caused by any organ which was inserted into her vagina. At the trial,
counsel for accused manifested that he noticed something strange with accused and
asked that he be examined, by a psychiatrist to determine his mental tness. After
accused was asked questions during the trial, the court made a pronouncement that the
accused in all appearances seemed to be normal but was feigning insanity. This remark
was strengthened by the report of the Bicol Regional Hospital, Department of Psychiatry,
which stated that the accused was coherent and relevant and was free of psychotic signs
and symptoms. After trial, the court a quo rendered judgment convicting the accused of
the crime charged and the penalty of reclusion perpetua was imposed upon him. Hence,
this appeal.
This Court ruled that, as observed by the trial court, accused-appellant is normal.
The trial court's observation of the demeanor and deportment of witnesses, as a rule, will
not be interfered with, considering that the behavior, gesture, in ection of voice and
manner of responding to questions propounded to witnesses are best available to the trial
court. It is not appropriate to calibrate anew such observations on the basis alone of the
cold transcript of stenographic notes unless such ndings are clearly shown to be
arbitrary. In fact, the trial court was not remiss in its duty in determining the mental
capacity of accused-appellant when it ordered accused-appellant's con nement in a
hospital for medical and psychiatric evaluation, which examination revealed that accused-
appellant is "sane and coherent." It must be stressed that in dealing with rape cases of
children, especially those below twelve years of age, due care must be observed by the
trial court in handling the victim. No woman, especially a child of tender years, would
exactly remember step-by-step the sexual intercourse in the hands of the maniacal beast.
It is enough that the child was able to explain in her own way that there was sexual
intercourse. By subjecting her into explaining whether she was forced or intimidated is
excessive. For proof of force and intimidation is unnecessary in statutory rape.
Considering that there is a medical report substantiating the allegations made by the
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 victim, the manner of examination of the victim must be tempered. Especially in this case,
since the child is only six years old who remained uncorrupted. In rape, mere touching of
male's organ to the pudendum of female's organ is enough to consummate the crime.
Whether the organ was fully erect or not, to a child of six years of age, slight penetration
consummates rape.
The decision of the trial court was AFFIRMED.

SYLLABUS

1. REMEDIAL LAW; EVIDENCE; CREDIBILITY OF WITNESSES; TRIAL COURT'S

OBSERVATION WILL NOT BE INTERFERED WITH BY THE APPELLATE COURT. — Initially, to
avoid criminal liability, accused-appellant feigned insanity. To bolster such imagined
dementia, accused-appellant offered his father's testimony declaring that accused-
appellant was a icted with a mental defect since childhood. As observed by the trial
court, accused-appellant is normal. In this regard, the trial court's observation of the
demeanor and deportment of witnesses, as a rule, will not be interfered with, considering
that the behavior, gesture, in ection of voice and manner of responding to questions
propounded to witnesses are best available to the trial court. It is not appropriate to
calibrate anew such observations on the basis alone of the cold transcript of stenographic
notes unless such findings are clearly shown to be arbitrary.AIaHES

2. ID.; ID.; "INSANITY TEST"; TWO COMPONENTS THEREOF ARE SUFFICIENTLY

AND EFFECTIVELY SATISFIED BY TRIAL JUDGE. — In fact, the trial court was not remiss in
its duty in determining the mental capacity of accused-appellant when it ordered accused-
appellant's con nement in a hospital for medical and psychiatric evaluation which
examination revealed that accused-appellant is "sane and coherent." The foregoing steps
clearly demonstrate that the judge had su ciently and effectively satis ed the two
components of "insanity test" that will effectively guarantee accused-appellant's right to a
fair trial, which are: (1) whether the defendant is su ciently coherent to provide counsel
with information necessary or relevant to constructing a defense and (2) whether he is
able to comprehend the significance of the trial and his relation to it.
3. CRIMINAL LAW; STATUTORY RAPE; ELEMENTS. — In statutory rape, there are
two elements that must be established prior to conviction of this crime, namely: (1) that
the accused had carnal knowledge of a woman and (2) that the woman is below twelve
years of age.
4. REMEDIAL LAW; EVIDENCE; CREDIBILITY OF WITNESSES; RAPE VICTIM'S
CREDIBLE TESTIMONY ALONE SUFFICES TO ESTABLISH ACCUSED'S GUILT. — After a
thorough review of the records of this case, we nd the victim's testimony credible. From
the victim's narration, it was clear that there was sexual intercourse. The victim even
demonstrated in court how she was raped by the accused-appellant in squatting position
by holding her hips. She narrated that she felt pain and when she was crying, accused-
appellant stopped thrusting his organ. She declared that she was not able to shout
because during the sexual contact, accused-appellant was covering her mouth. Her
credible testimony alone suffices to establish accused-appellant's guilt.
5. ID.; ID.; ID.; ID.; CORROBORATED BY THE TESTIMONY OF VICTIM'S UNCLE
AND MEDICAL FINDINGS. — The victim's declarations were corroborated by the testimony
of her uncle who witnessed the bestial act. Such testimonies were further supported by
the medical ndings of Dr. Algery who examined the victim two days after the incident. The
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 medical report shows that there was penetration by the male organ into her genitalia.
6. CRIMINAL LAW; STATUTORY RAPE; CONSUMMATED BY MERE SEXUAL
CONTACT OF MALE'S SEX ORGAN WITH WOMAN'S PRIVATE PART; FORCE,
INTIMIDATION OR CONSENT IS NOT REQUIRED. — In rape, mere touching by the male's
organ, or instrument of sex, of the labia of the pudendum of the female's private part is
su cient to consummate rape. But when the victim is below 12 years old, sexual contact
of the male's sex organ with the woman's private part consummates rape and it is not
required to prove force, intimidation, or consent.
7. REMEDIAL LAW; CRIMINAL PROCEDURE; INFORMATION; ACCUSED CANNOT
BE CONVICTED FOR THE ALLEGED RAPES COMMITTED OTHER THAN THE ONE
CHARGED THEREIN. — The victim even testi ed to other occasions of rape committed
against her by accused-appellant prior to December 13, 1991. However, accused-appellant
cannot be convicted for the alleged rapes committed other than the one charged in the
information. A rule to the contrary will violate accused-appellant's constitutional rights to
be informed of the nature and cause of the accusation against him. Such other alleged
rapes committed which are not alleged in the information may be taken only as proof of
specific intent or knowledge, plan, system or scheme.
8. ID.; EVIDENCE; OBJECTION; MUST BE MADE IMMEDIATELY AFTER THE
OFFER IS MADE, OTHERWISE, IT IS DEEMED ADMITTED; CASE AT BAR. — It is clear from
the records that complainant Melanie Medalla was born on October 23, 1985. Besides,
under Section 36, Rule 132 of the Rules of Court, objection to evidence offered orally must
be made immediately after the offer is made. In the case at bar, the photocopy of the birth
certi cate was formally offered in evidence and marked as Exhibit "B". It was offered to
prove (a) the fact of birth of the victim, and (b) the fact that the victim was below twelve
years old when she was ravished on December 13, 1991. The defense objected to the
purpose for which Exhibit "B" was being offered, but did not object to the presentation of
the photocopied birth certi cate which is merely treated as a secondary evidence. Having
failed to raise a valid and timely objection against the presentation of this secondary
evidence the same became a primary evidence, and the same is deemed admitted and the
other party is bound thereby.
9. ID.; ID.; ADMISSIBILITY; TESTIMONY OF THE MOTHER AS TO THE AGE OF
HER CHILD IS ADMISSIBLE. — Even so, if the evidence objected to was not received, it
would not have varied the conclusion arrived at by the court as to the correct age of the
victim considering that the victim and her mother testi ed as to her age. The testimony of
the mother as to the age of her child is admissible in evidence for who else would be in the
best position to know when she delivered the child. Besides, the court could very well
assess whether or not the victim is below twelve years old by simply looking at her
physique and built.
10. ID.; CRIMINAL PROCEDURE; IN DEALING WITH RAPE CASES OF CHILDREN,
DUE CARE MUST BE OBSERVED BY THE TRIAL COURT IN HANDLING THE VICTIM. — It
must be stressed that in dealing with rape cases of children, especially those below twelve
years of age, due care must be observed by the trial court in handling the victim. In fact,
more often than not, the grueling experience in the trial court in the course of direct and
cross-examination is more traumatic than the fact of rape itself. On such occasions,
mishandling of victims lead to psychological imbalances which, if not properly treated by
medical experts will lead to an abnormal behavioral response against the idea of sex itself
and disturbed interaction with the opposite sex or of the same sex. The frightful
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 experience of rape committed to children who are bereft of "mundane wiles" necessitates
the highest degree of tact, patience and diplomacy.
11. ID.; EVIDENCE; CREDIBILITY OF WITNESSES; NO WOMAN, ESPECIALLY A
CHILD OF TENDER YEARS WOULD EXACTLY REMEMBER STEP-BY-STEP THE SEXUAL
INTERCOURSE IN THE HANDS OF A MANIACAL BEAST. — No woman, especially a child of
tender years would exactly remember step-by-step the sexual intercourse in the hands of
the maniacal beast. It is enough that the child was able to explain in her own way that there
was sexual intercourse. By subjecting her into explaining whether she was forced or
intimidated is excessive. For proof of force and intimidation is unnecessary in statutory
rape. Considering that there is a medical report substantiating the allegations made by the
victim, the manner of examination of the victim must be tempered. Especially in this case,
since the child is only six years old who remains uncorrupted. In rape, mere touching of
male's organ to the pudendum of female's organ is enough to consummate the crime.
Whether the organ was fully erect or not, to a child of six years of age, slight penetration
consummates rape.
12. ID.; ID.; ID.; IMPUTATION OF RAPE AGAINST A NEIGHBOR CANNOT BE
CONCOCTED WITH EASE FOR MALICIOUS REASONS BY PARENTS OF A SIX-YEAR-OLD
CHILD. — Imputation of rape against a neighbor cannot be concocted with ease for
malicious reasons by parents of a six-year-old child because it would cause more harm
than good. Aside from the traumatic experience of rape, the victim's story of de oration
must withstand not only the examination in court but also the medical examination of the
victim's private parts by a licensed physician.
13. CRIMINAL LAW; STATUTORY RAPE; IMPOSABLE PENALTY. — [A]t the time
of the commission of rape on December 13, 1991, the victim was only six (6) years old.
Statutory rape committed in 1991 is punishable by reclusion perpetua. The present law
provides that when the crime of rape is committed against a child below seven (7) years of
age, death penalty shall be imposed. Considering that the retroactive application of the law
will be unfavorable to accused-appellant, the latter is fortunate enough to be meted only
the penalty of reclusion perpetua. Had it been committed after the enactment of the new
law, this Court will not hesitate to impose the penalty of death.
14. ID.; ID.; CIVIL LIABILITY; P50,000 AS CIVIL INDEMNITY, P50,000 AS MORAL
DAMAGES AND P20,000 AS EXEMPLARY DAMAGES AWARDED. — The award of
P50,000.00 representing civil indemnity is proper. In addition thereto, accused-appellant
shall pay P50,000.00 representing moral damages without necessity of proof other than
the fact of rape plus P20,000.00 as exemplary damages. Exemplary damages may be
awarded if the crime was committed with one or more aggravating circumstances. In this
case, abuse of confidence should be appreciated as an aggravating circumstance. CTDHSE

15. ID.; ID.; AGGRAVATING CIRCUMSTANCES; ABUSE OF CONFIDENCE;

APPRECIATED IN CASE AT BAR. — In this case, abuse of confidence should be appreciated
as an aggravating circumstance. The victim trusted accused-appellant in going with him
upon the latter's invitation on account of her familiarity with him as their neighbor.

DECISION

BUENA , J : p

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 For allegedly raping a six year-old girl, Nolito Boras was convicted of statutory rape
by the Regional Trial Court of Libmanan, Camarines Sur and was sentenced to suffer the
penalty of reclusion perpetua, and to pay P50,000.00 as civil indemnity. Hence, this appeal
questioning his conviction.
On December 13, 1991, while Melanie Medalla's parents were sleeping in their house
at Barangay Bahay, Libmanan, Camarines Sur, she remained downstairs playing alone. At
around 9 o'clock in the morning of that day, Nolito Boras, herein accused-appellant, went to
her and invited her to go with him. Since she is familiar with the accused-appellant as
neighbor, she was cajoled to go with him. When they arrived at a guava tree near the
coconut plantation, which is about 15 meters from her house, accused-appellant told her
"magkitoan" 1 which means "we will have sex." Obeying the instruction of accused-
appellant, she removed her panty. Thereafter, she was placed "on top and in-between
accused-appellant's legs" 2 who then inserted his penis into her vagina. While accused-
appellant was satisfying his salacious desire, Cirilo Guirela, the victim's uncle arrived. When
she saw her uncle Cirilo, she ran away. Thereafter, Cirilo told Jesus Amenia, brother-in-law
of accused-appellant, that the latter raped his niece. Jesus Amenia got angry with the
accused-appellant then proceeded home with the latter.
On December 14, 1991, Cirilo reported the matter to the Barangay Captain 3 and
was advised to report the incident to the police authority of Libmanan, Camarines Sur. 4
The police advised the examination of the victim at the Libmanan District Hospital.
On December 15, 1991, Dr. Cynthia S. Algery of Libmanan District Hospital examined
the six-year-old victim. The examination revealed hymenal laceration at 3 o'clock caused by
any organ which is inserted into the vagina, like a penis, and hypremia of the introitus
(redness found at the entrance of the vagina). 5 While being examined, the doctor asked
the victim what happened and the victim described the person who raped her. 6
On February 12, 1992, an information for the crime of rape was led against Nolito
Boras y Doe alleging —
"That on or about the 13th day of December 1991, at about 9:00 o'clock in
the morning, at Brgy. Bahay, Municipality of Libmanan, Province of Camarines
Sur, Philippines and within the jurisdiction of this Honorable Court, the above-
named accused, with lewd design, with violence and force, intimidation and with
grave abuse of con dence, did then and there willfully, unlawfully and feloniously
have carnal knowledge with Melanie Medalla, a six (6) years old (sic), against her
will and the offended party suffered damages.

"ACTS CONTRARY TO LAW." 7

Upon arraignment on May 18, 1992, the accused, assisted by counsel, pleaded not
guilty.
At the trial, on December 22, 1992, counsel for the accused-appellant manifested in
court that he noticed something strange with the accused-appellant and asked that the
latter be examined by a psychiatrist to determine his mental tness. The trial court advised
the counsel to le a formal motion for the examination of the accused. Thereafter trial
ensued.
On June 16, 1993, the defense presented accused-appellant. When asked about his
personal circumstances, he answered that his name is Diosdado Macapagal; 8 that he
does not know the name of his father and his mother; that he does not know whether he
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 has a brother and sister; that he does not know Tinagis Penal Farm where he is presently
con ned; that he does not know how he was able to come to court and who escorted him.
On such note, the trial court issued an Order setting forth the foregoing declarations, with
further pronouncement that accused-appellant in all appearances seems to be normal but
is feigning insanity. Thus, the Provincial Warden of Tinagis Penal Farm was directed to
bring accused-appellant to Don Susano Rodriguez Mental Hospital at Cadlan, Pili,
Camarines Sur for necessary physical and mental examination and observation in order to
determine whether he is insane or not, and whether he has the necessary faculties to
undergo trial. The Chief of Susano Rodriguez Mental Hospital was directed to admit and
conduct the necessary examination and submit a written report to the trial court on the
mental condition of the accused within 15 days after the last examination/treatment.
Pending the submission of the report, the hearing was suspended. After the issuance of
the aforementioned Order, accused-appellant rendered two songs, one after another, after
the trial court requested him. 9
On May 2, 1995, the Bicol Regional Hospital — Department of Psychiatry submitted
its report on the mental status of Nolito Boras remarking that accused-appellant was
"coherent and relevant" and that he was "free of psychotic signs and symptoms." The
remarks further stated that accused-appellant knows the case led against him and that
his anxiety or apprehension was due to fears of being incarcerated in jail. 10
After trial, judgment was rendered convicting accused-appellant, thus —
"WHEREFORE, premises considered, the court nds and so holds that the
accused Nolito Boras is found guilty of the offense of statutory rape of Melanie
Medalla, a six (6) year old girl at the time of the rape and, therefore, sentences him
to suffer the penalty of reclusion perpetua and is ordered to pay Melanie Medalla
the amount of P50,000.00 for indemnity. No pronouncement as to cost.
"SO ORDERED." 11

Accused-appellant now appeals questioning his conviction for rape, assigning as

error the admission of Exhibit "B", which is a photocopy of the certi cate of livebirth of the
victim.
Initially, to avoid criminal liability, accused-appellant feigned insanity. To bolster
such imagined dementia, accused-appellant offered his father's testimony declaring that
accused-appellant was a icted with a mental defect since childhood. As observed by the
trial court, accused-appellant is normal. In this regard, the trial court's observation of the
demeanor and deportment of witnesses, as a rule, will not be interfered with, considering
that the behavior, gesture, in ection of voice and manner of responding to questions
propounded to witnesses are best available to the trial court. It is not appropriate to
calibrate anew such observations on the basis alone of the cold transcript of stenographic
notes unless such ndings are clearly shown to be arbitrary. In fact, the trial court was not
remiss in its duty in determining the mental capacity of accused-appellant when it ordered
accused-appellant's con nement in a hospital for medical and psychiatric evaluation which
examination revealed that accused-appellant is "sane and coherent." The foregoing steps
clearly demonstrate that the judge had su ciently and effectively satis ed the two
components of "insanity test" that will effectively guarantee accused-appellant's right to a
fair trial, which are: (1) whether the defendant is su ciently coherent to provide counsel
with information necessary or relevant to constructing a defense and (2) whether he is
able to comprehend the significance of the trial and his relation to it. 12

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 Accused-appellant was convicted under Article 335 of the Revised Penal Code 13
which provides that rape is committed by having carnal knowledge of a woman under
twelve years of age, thus —
"Article 335. When and how rape is committed. — Rape is committed by
having carnal knowledge of a woman under any of the following circumstances.
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious;
and
3. When the woman is under twelve years of age or is demented.
"xxx xxx xxx"

In statutory rape, there are two elements that must be established prior to
conviction of this crime, namely: (1) that the accused had carnal knowledge of a woman
and (2) that the woman is below twelve years of age. 14
As to the rst element, accused-appellant denied having sexual contact with the
victim and challenges the latter's credibility. After a thorough review of the records of this
case, we nd the victim's testimony credible. From the victim's narration, it was clear that
there was sexual intercourse. The victim even demonstrated in court how she was raped
by the accused-appellant in squatting position by holding her hips. 15 She narrated that she
felt pain and when she was crying, accused-appellant stopped thrusting his organ. She
declared that she was not able to shout because during the sexual contact, accused-
appellant was covering her mouth. 16 Her credible testimony alone su ces to establish
accused-appellant's guilt. 17 In rape, mere touching by the male's organ, or instrument of
sex, of the labia of the pudendum of the female's private part is su cient to consummate
rape. 18 But when the victim is below 12 years old, sexual contact of the male's sex organ
with the woman's private part consummates rape and it is not required to prove force,
intimidation, or consent. 19 The victim's declarations were corroborated by the testimony
of her uncle who witnessed the bestial act. Such testimonies were further supported by
the medical ndings of Dr. Algery who examined the victim two days after the incident. The
medical report shows that there was penetration by the male organ into her genitalia.
The victim even testi ed to other occasions of rape committed against her by
accused-appellant prior to December 13, 1991. 20 However, accused-appellant cannot be
convicted for the alleged rapes committed other than the one charged in the information.
A rule to the contrary will violate accused-appellant's constitutional rights to be informed
of the nature and cause of the accusation against him. 21 Such other alleged rapes
committed which are not alleged in the information may be taken only as proof of speci c
intent or knowledge, plan, system or scheme. 22
Anent the second element as to the age of the victim when the crime was
committed, accused-appellant questions the admission of the photocopy of the birth
certi cate of the child invoking Section 3, Rule 130. Accused-appellant argues that the
failure of the prosecution to prove the circumstances that will warrant the admission in
evidence of the said photocopy, renders the same inadmissible and he cannot be
convicted of statutory rape since the age of the victim was not proven with reasonable
certainty. It is clear from the records that complainant Melanie Medalla was born on
October 23, 1985. 23 Besides, under Section 36, Rule 132 of the Rules of Court, objection
to evidence offered orally must be made immediately after the offer is made. In the case at
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 bar, the photocopy of the birth certi cate was formally offered in evidence and marked as
Exhibit "B". It was offered to prove (a) the fact of birth of the victim, and (b) the fact that
the victim was below twelve years old when she was ravished on December 13, 1991. The
defense objected to the purpose for which Exhibit "B" was being offered, 24 but did not
object to the presentation of the photocopied birth certi cate which is merely treated as a
secondary evidence. Having failed to raise a valid and timely objection against the
presentation of this secondary evidence the same became a primary evidence, 25 and the
same is deemed admitted and the other party is bound thereby. Even so, if the evidence
objected to was not received, it would not have varied the conclusion arrived at by the
court as to the correct age of the victim considering that the victim and her mother
testi ed as to her age. 26 The testimony of the mother as to the age of her child is
admissible in evidence for who else would be in the best position to know when she
delivered the child. Besides, the court could very well assess whether or not the victim is
below twelve years old by simply looking at her physique and built.
It must be stressed that in dealing with rape cases of children, especially those
below twelve years of age, due care must be observed by the trial court in handling the
victim. In fact, more often than not, the grueling experience in the trial court in the course of
direct and cross-examination is more traumatic than the fact of rape itself. On such
occasions, mishandling of victims lead to psychological imbalances which, if not properly
treated by medical experts will lead to an abnormal behavioral response against the idea
of sex itself and disturbed interaction with the opposite sex or of the same sex. The
frightful experience of rape committed to children who are bereft of "mundane wiles" 27
necessitates the highest degree of tact, patience and diplomacy. No woman, especially a
child of tender years would exactly remember step-by-step the sexual intercourse in the
hands of the maniacal beast. It is enough that the child was able to explain in her own way
that there was sexual intercourse. By subjecting her into explaining whether she was
forced or intimidated is excessive. For proof of force and intimidation is unnecessary in
statutory rape. Considering that there is a medical report substantiating the allegations
made by the victim, the manner of examination of the victim must be tempered. Especially
in this case, since the child is only six years old who remains uncorrupted. In rape, mere
touching of male's organ to the pudendum of female's organ is enough to consummate
the crime. Whether the organ was fully erect or not, to a child of six years of age, slight
penetration consummates rape. Thus, asking questions like —
"Q: Did you have any opportunity at that time when you were raped to hold
the penis of Nolito Boras?
"A: No, Sir.
"Q: At the time, when you were raped by Nolito Boras, was his penis hard or
soft?
"A: Hard, sir" 28

and
"Q: Did you see your Uncle Cerilo Guirela after the accused Nolito Boras stop
pushing and pulling his penis to your vagina or while he was still in the
process of pushing and pulling his penis to your vagina?
"A: Nolito Boras was not yet finished pushing and pulling his penis to my
vagina." 29

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 are unnecessary, uncalled for and excessive queries. Imputation of rape against a
neighbor cannot be concocted with ease for malicious reasons by parents of a six-year-
old child because it would cause more harm than good. Aside from the traumatic
experience of rape, the victim's story of de oration must withstand not only the
examination in court but also the medical examination of the victim's private parts by a
licensed physician.
Lastly, at the time of the commission of rape on December 13, 1991, the victim was
only six (6) years old. Statutory rape committed in 1991 is punishable by reclusion
perpetua. The present law provides that when the crime of rape is committed against a
child below seven (7) years of age, death penalty shall be imposed. Considering that the
retroactive application 30 of the law will be unfavorable to accused-appellant, the latter is
fortunate enough to be meted only the penalty of reclusion perpetua. Had it been
committed after the enactment of the new law, this Court will not hesitate to impose the
penalty of death. The award of P50,000.00 representing civil indemnity is proper. In
addition thereto, accused-appellant shall pay P50,000.00 3 1 representing moral damages
without necessity of proof other than the fact of rape plus P20,000.00 as exemplary
damages. Exemplary damages may be awarded if the crime was committed with one or
more aggravating circumstances. In this case, abuse of con dence should be appreciated
as an aggravating circumstance. The victim trusted accused-appellant in going with him
upon the latter's invitation on account of her familiarity with him as their neighbor.
WHEREFORE, the trial court's judgment convicting accused-appellant of statutory
rape is hereby AFFIRMED subject to the MODIFICATION that accused-appellant is ordered
to pay P50,000.00 as moral damages and P20,000.00 as exemplary damages IN
ADDITION to the P50,000.00 civil indemnity awarded by the trial court.
SO ORDERED
Bellosillo, Mendoza, Quisumbing and De Leon, Jr., JJ., concur.

Footnotes
1. TSN, p. 15, December 22, 1992.

2. RTC Decision, p. 1; Rollo, p. 125.

3. TSN, p. 20, June 23, 1992.
4. Ibid., pp. 12-15.
5. Records, Exhibit "A" p. 4; TSN, p. 4, October 12, 1992.
6. TSN, p. 5, October 12, 1992.

7. Rollo, p. 8; Records, p. 1.
8. Namesake of former Philippine President.
9. TSN, pp. 3-5, June 16, 1993.
10. Records, pp. 86-87.

11. Rollo, p. 23.

12. People vs. Estrada, G.R. No. 130487, en banc, June 19, 2000.
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 13. Now Article 266-A of the Revised Penal Code pursuant to Republic Act 8353, otherwise
known as the "Anti-Rape Law of 1997."

14. People vs. Andres, 253 SCRA 751 at p. 755 [1996].

15. TSN, pp. 5-6, December 22, 1992.
16. Ibid.
17. See People vs. Antido, 278 SCRA 425, at p. 440 [1997].

18. People vs. Mahinay, 302 SCRA 455, at p. 479 [1999].

19. People vs. Lagrosa, Jr. 230 SCRA 298, at p. 305 [1994].
20. TSN, p. 9, December 22, 1992.
21. Article III Section 1 in relation to Section 14(1) and (2)of the 1987 Constitution.
22. See People vs. Antido, 278 SCRA 425, p. 453 [1997].

23. Records, Exhibit "B", p. 5.

24. TSN p. 3, March 19, 1993.
25. See Heirs of Teodoro dela Cruz vs. Court of Appeals, 298 SCRA 172 [1998].
26. TSN, p. 8, December 22, 1992; TSN, p. 10, March 18, 1991.
27. People vs. Lagrosa, Jr., 230 SCRA 298, p. 306 [1994].
28. TSN, p. 6, December 22, 1992.
29. TSN, p. 7, December 22, 1992.
30. Article 22, Revised Penal Code. Retroactive effect of penal laws. — Penal laws shall
have a retroactive effect insofar as they favor the person guilty of a felony, who is not a
habitual criminal, as this term is defined in Rule 5 of Article 62 of this Code, although at
the time of the publication of such laws a final sentence has been pronounced and the
convict is serving the same.
31. See People vs. Batoon, 317 SCRA 545 [1999].

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