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PEOPLE v. TOMAS TUNDAG

FACTS:

Appellant Tomas Tundag was charged with two counts of incestuous rape filed by his daughter Mary Ann Tundag. The first complaint alleges that Tundag had sexual intercourse with Mary Ann against her will on September 5, 1997. The second complaint alleges a similar incident. Tundag pleaded not guilty and the two cases were consolidated for trial.

During the trial, Tundag claimed that Mary Ann fabricated the rape charges due to a quarrel between them. He presented no witnesses to support his defense. The trial court rendered its decision on August 31, 1998, finding Tundag guilty of two counts of rape and sentencing him to death twice. The court gave credence to Mary Ann's version of events, which involved Tundag raping her on two occasions using force and threats.

The case is now subject to automatic review before the Supreme Court. The complainant, a minor, reported the incidents to a neighbor who advised her to go to the police. A medical examination revealed lacerations in her hymen consistent with sexual intercourse. During the trial, the complainant positively identified her father as the perpetrator. The defendant denied the allegations and claimed he was working during the times the incidents allegedly occurred. The trial court found him guilty based on the complainant's credible testimony and the medical findings. The defendant appealed the double conviction, arguing reasonable doubt, while the Office of the Solicitor General urged the court to affirm the trial court's decision.

ISSUES:

  1. Whether the trial court erred in convicting the appellant of the crimes charged despite the presence of reasonable doubt.

RULING:

  1. The Supreme Court affirmed the trial court's finding of guilt beyond reasonable doubt but modified the conviction from qualified rape to simple rape due to insufficient proof of the victim's age.

    • Appellant's defenses of alibi and denial were deemed weak and self-serving, and the victim's detailed and consistent testimony was found credible.

    • The age of the victim was not sufficiently proven as judicial notice of the victim's age was deemed improper.

    • The appellant was sentenced to reclusion perpetua for each count of rape and ordered to pay civil indemnity, moral damages, and exemplary damages.

PRINCIPLES:

  • Credibility of Witness The credibility of the complainant's testimony in a rape case is paramount, and the determination of credibility primarily lies with the trial court.

  • Alibi and Denial as Defense These defenses are inherently weak, especially against positive identification by the victim.

  • Judicial Notice Judicial notice of facts must comply with procedural requirements and cannot usually extend to the victim's age without proof.

  • Proof of Victim's Age The prosecution must present independent proof of the victim's age to justify the imposition of the death penalty under the qualified circumstances of rape.

  • Punishment for Rape The penalty for simple rape under the Revised Penal Code is reclusion perpetua.

  • Civil Indemnity and Damages Awards for civil indemnity and moral damages are mandated for rape, and exemplary damages can be awarded when aggravating circumstances are present.