In the case of People of the Philippines vs. Herminigildo B. Tabayan, the Supreme Court affirmed the conviction of the accused for qualified rape, emphasizing the significant weight given to the credible testimony of a child victim. The Court underscored that the absence of physical evidence, such as hymenal lacerations, does not negate the occurrence of rape, especially when the victim is of tender age. This decision reinforces the protection of children in sexual abuse cases and highlights the importance of a victim’s testimony in securing justice.

When a Grandfather’s Betrayal Meets a Child’s Unwavering Testimony

The case revolves around Herminigildo B. Tabayan, who was charged with the rape of his eight-year-old granddaughter, AAA. The incident allegedly occurred while AAA and her brother were staying at the appellant’s house. The prosecution presented AAA’s testimony, along with medical evidence indicating a sexually transmitted disease. The defense relied on denial, claiming the appellant only touched AAA’s vagina briefly. The Regional Trial Court (RTC) found Tabayan guilty, a decision affirmed with modifications by the Court of Appeals (CA), leading to the Supreme Court review.

The Supreme Court’s analysis hinged on several key principles. First, it reiterated the cautionary principles in rape cases: accusations are easy to make but difficult to disprove; the complainant’s testimony must be scrutinized with utmost caution; and the prosecution’s evidence must stand on its own merits. However, the Court emphasized that in cases of rape, the victim’s credibility is paramount, especially when the crime occurs in secrecy. If the victim’s testimony is credible, it can justify a conviction.

Rape is essentially committed in relative isolation or even secrecy. As such, it is usually only the victim who can testify with regard to the fact of the forced coitus. In its prosecution, therefore, the credibility of the victim is almost always the single and most important issue to deal with. If her testimony meets the test of credibility, the accused can justifiably be convicted on the basis thereof; otherwise, he should be acquitted of the crime.

The Court found AAA’s testimony to be clear, credible, and convincing. Despite rigorous cross-examination, she remained consistent in her account of the events. AAA detailed how the appellant removed her clothing and attempted to penetrate her, causing her pain. Her candidness and consistency impressed both the trial court and the Court of Appeals, leading them to give full faith and credence to her testimony.

Significantly, the appellant argued that the absence of hymenal lacerations negated the claim of rape. However, the Supreme Court dismissed this argument, citing established jurisprudence that the absence of such physical evidence does not disprove sexual abuse, especially when the victim is a child. The Court clarified that even slight penetration is sufficient to constitute rape.

It has been the consistent ruling of this Court that absence of hymenal lacerations does not disprove sexual abuse especially when the victim is of tender age. A freshly broken hymen is not an essential element of rape. Even the fact that the medical report states that the hymen of the victim is still intact does not negate rape. Full penetration is not even required, as proof of entrance showing the slightest penetration of the male organ within the labia or pudendum of the female organ is sufficient.

Furthermore, the medical evidence presented, including the presence of gonorrhea, supported the claim of sexual contact. The Court noted that while the appellant attempted to attribute the infection to other causes, the medical expert confirmed that the discharge was indicative of a sexually transmitted disease, reinforcing the victim’s account. The reddening of AAA’s labia also supported the conclusion of penile contact.

The appellant also pointed to inconsistencies between AAA’s sworn statement and her testimony in court. The Court, however, gave more weight to her testimony during the trial, explaining that sworn statements are often less comprehensive than testimonies given under oath in court. The critical point was that AAA consistently maintained she was raped by the appellant, regardless of minor discrepancies.

Thus testimonial evidence carries more weight than sworn statements/affidavits.

Moreover, the Court found the appellant’s denial to be weak and self-serving. The appellant’s admission that he touched the victim’s vagina further undermined his defense. The Court emphasized that mere denial, without corroborating evidence, cannot outweigh the positive testimony of the victim.

The Court then addressed the proper classification of the crime. It determined that the appellant committed qualified rape, considering the aggravating circumstances of the victim’s minority and the familial relationship between the perpetrator and the victim. These elements were both alleged in the information and proven during the trial.

ART. 266-B. Penalties. – x x x.

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;

Although the imposable penalty for qualified rape was death under Article 266-B of the Revised Penal Code, as amended, the effectivity of Republic Act No. 9346, which prohibits the imposition of the death penalty, the penalty was reduced to reclusion perpetua. Furthermore, the Court affirmed that the appellant is not eligible for parole under the Indeterminate Sentence Law.

In terms of damages, the Court adjusted the amounts awarded to AAA, aligning with established jurisprudence. It increased the civil indemnity and moral damages from P75,000.00 to P100,000.00 each, and the exemplary damages from P25,000.00 to P100,000.00. The Court also imposed a legal interest rate of 6% per annum on all damages from the date of finality of the judgment until fully paid.

FAQs

What was the key issue in this case?	The key issue was whether the testimony of a child victim, without corroborating physical evidence, was sufficient to convict the accused of rape. The Court found that the child’s credible testimony was indeed sufficient, especially given the circumstances of the crime.
Does the absence of hymenal lacerations disprove rape?	No, the Supreme Court has consistently held that the absence of hymenal lacerations does not disprove rape, particularly when the victim is a child. Even slight penetration is sufficient to constitute the crime.
What weight is given to a child’s testimony in rape cases?	The testimony of rape victims who are young and immature deserves full credence. Courts recognize that a child is unlikely to fabricate such a traumatic experience and expose themselves to public scrutiny without a genuine desire for justice.
What are the elements of qualified rape in this case?	The elements of qualified rape in this case include the act of rape itself, coupled with the aggravating circumstances of the victim being under twelve years old and the offender being a relative within the third civil degree. Both of these were present and proven.
Why was the penalty of death not imposed?	Although the crime of qualified rape warranted the death penalty under the Revised Penal Code, Republic Act No. 9346 prohibits the imposition of the death penalty in the Philippines. Therefore, the penalty was reduced to reclusion perpetua.
What damages were awarded to the victim?	The victim was awarded P100,000.00 as civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages. Additionally, a legal interest rate of 6% per annum was imposed on all damages from the date of finality of the judgment.
Can a conviction be based solely on the victim’s testimony?	Yes, if the victim’s testimony is found to be credible, clear, and convincing, it can be sufficient to sustain a conviction, even without corroborating physical evidence. This is particularly true in cases of rape.
What is the significance of the medical evidence in this case?	The medical evidence, specifically the presence of gonorrhea, supported the victim’s claim of sexual contact. While the defense attempted to attribute the infection to other causes, the medical expert’s testimony reinforced the likelihood of sexual transmission.

In conclusion, the Supreme Court’s decision in People of the Philippines vs. Herminigildo B. Tabayan underscores the importance of protecting vulnerable victims and giving due weight to their testimony. This case serves as a reminder that justice can be served even in the absence of physical evidence, provided the victim’s account is credible and convincing.

For inquiries regarding the application of this ruling to specific circumstances, please contact ASG Law through contact or via email at frontdesk@asglawpartners.com.

Disclaimer: This analysis is provided for informational purposes only and does not constitute legal advice. For specific legal guidance tailored to your situation, please consult with a qualified attorney.
Source: People v. Tabayan, G.R. No. 190620, June 18, 2014