G.R. No. 130504 ; June 29, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO TABANGGAY, accused-appellant.

FACTS

Accused-appellant Rolando Tabanggay was charged with three counts of qualified rape against his daughters, Rynalyn and Genalyn Tabanggay. The Informations alleged the victims were 14 and 13 years old, respectively, and that the accused was their father. During trial, the prosecution presented the testimonies of the victims detailing the forcible sexual assaults. Their mother, Gundina, testified about receiving a letter from Rynalyn and a confrontation where the appellant allegedly admitted wrongdoing. Medical certificates confirmed hymenal lacerations consistent with sexual intercourse.
To prove the qualifying circumstances of minority and relationship, the prosecution offered a photocopy of Rynalyn’s birth certificate and the testimonies of the victims and their mother regarding their ages and filiation. The defense objected to the birth certificate for being a mere photocopy, not formally offered, and uncertified. The trial court convicted Tabanggay of three counts of qualified rape and imposed the death penalty, prompting automatic review.

ISSUE

Whether the prosecution sufficiently proved the qualifying circumstances of minority and relationship necessary to sustain a conviction for qualified rape.

RULING

No. The Supreme Court acquitted Tabanggay of qualified rape but convicted him of three counts of simple rape. For a conviction of qualified rape under Article 335 of the Revised Penal Code, the special qualifying circumstances of minority (below 18) and relationship (father-daughter) must be both alleged in the information and proven with competent evidence. The Court found the proof for these qualifiers insufficient.
The relationship was not conclusively established. While the victims referred to the appellant as their father, this alone is insufficient. The mother’s testimony on filiation was hearsay, as she was not present at the victims’ births. No other documentary evidence like a birth certificate was presented to prove paternity. Regarding age, the prosecution failed to provide competent proof of the victims being below 18 at the time of the rapes. The offered birth certificate for Rynalyn was a bare, uncertified photocopy not formally offered in evidence, rendering it inadmissible and without probative value. Testimonies on age were also deemed insufficient without corroborating documentary evidence. Consequently, the qualifying circumstances were not proven beyond reasonable doubt. However, the core elements of rape—carnal knowledge through force or intimidation—were firmly established by the credible and consistent testimonies of the victims. Thus, the conviction was modified to simple rape with reclusion perpetua for each count.