GR 122100; (January 1998) (Digest)
G.R. No. 122100 January 20, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO “Jojo” TUMALA, JR., accused-appellant.
FACTS
On February 29, 1992, in Surallah, South Cotabato, six-year-old Mariefe Manzano was gathering camachile fruits with her younger siblings when accused-appellant Fernando “Jojo” Tumala Jr. invited her to swim in a nearby river. At the riverbank, appellant undressed Mariefe, ordered her to lie down on the grass, and inserted his penis into her vagina. Her four-year-old sister Ana witnessed this and ran home to inform their mother, Magdalena. When Mariefe returned, her mother spanked her, prompting Mariefe to flee to her Aunt Diday and relate the incident. Diday physically examined Mariefe but noticed nothing unusual. Magdalena later brought Mariefe to the police station to execute sworn statements. Appellant was charged with statutory rape. At trial, appellant denied the accusation, claiming he merely rescued Mariefe from drowning while she was swimming. The trial court found appellant guilty of rape and sentenced him to reclusion perpetua, ordering him to indemnify the victim P30,000.00.
ISSUE
Whether the evidence presented by the prosecution established the guilt of accused-appellant for statutory rape beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court found no material inconsistencies in the testimony of the six-year-old victim, Mariefe. Her testimony was categorical and positive, detailing how appellant undressed her, ordered her to lie down, showed her a knife, threatened her, and caused pain to her vagina. The Court held that lapses or perceived contradictions in a child victim’s testimony are inconsequential and may result from trauma or a child’s sense of time. The Court rejected appellant’s claims that the victim was tutored, that the vaginal lacerations were caused by her aunt’s examination, and that his act of saving her from drowning showed a lack of motive for the complaint. The Court emphasized that no mother would subject her young daughter to the ordeal of a rape trial without just cause. The non-presentation of the victim’s siblings as witnesses was deemed unnecessary as the victim’s positive identification was sufficient. The trial court’s assessment of witness credibility was accorded finality. The prison term of reclusion perpetua was affirmed, and the indemnity was increased to P50,000.00 in accordance with prevailing jurisprudence.