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    The document summarizes a court case, People vs. Tundag. The case involved a father who raped his 13-year-old daughter twice. The trial court convicted the father and sentenced him to death. The issue on appeal was whether the trial court correctly took judicial notice of the daughter's age without proof, since her birth certificate could not be obtained. The appellate court held that judicial notice of age was improper in this case because the rules of court require a hearing before judicial notice can be taken of facts like age that are not mandatory or discretionary. Generally, a victim's age must be proven by a birth or baptismal certificate or other documentary or oral evidence.

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    The document summarizes a court case, People vs. Tundag. The case involved a father who raped his 13-year-old daughter twice. The trial court convicted the father and sentenced him to death. The issue on appeal was whether the trial court correctly took judicial notice of the daughter's age without proof, since her birth certificate could not be obtained. The appellate court held that judicial notice of age was improper in this case because the rules of court require a hearing before judicial notice can be taken of facts like age that are not mandatory or discretionary. Generally, a victim's age must be proven by a birth or baptismal certificate or other documentary or oral evidence.

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    80 views2 pages

    11 People vs. Tundag

    Uploaded by

    gxxod
    The document summarizes a court case, People vs. Tundag. The case involved a father who raped his 13-year-old daughter twice. The trial court convicted the father and sentenced him to death. The issue on appeal was whether the trial court correctly took judicial notice of the daughter's age without proof, since her birth certificate could not be obtained. The appellate court held that judicial notice of age was improper in this case because the rules of court require a hearing before judicial notice can be taken of facts like age that are not mandatory or discretionary. Generally, a victim's age must be proven by a birth or baptismal certificate or other documentary or oral evidence.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 2

    CPA-LAWYER PHILIPPINES

    AUGUST 6, 2019 ATTY. ALDRIN JOSE M. CANA, CPA SASA

    People vs. Tundag

    Facts: The complainant here was raped by her father twice. The first was on September 5,
    1997 and the second was on November 7, 1997. The first incident happened while she
    was sleeping. She was threatened by his father using a knife. The second raped
    happened after washing the dishes. Afterwards, she told about it to her neighbor and
    was advised to seek the help of the police. She was 13 years old back then. The
    prosecution was not able to obtain birthcertificate and she herself doesnt know her exact
    age. The Defense agree with the judicial notice. The RTC convicted him for two counts of
    rape and sentenced him to death.

    Issue: won the RTC correctly took judicial notice about her age.

    Held: No. Judicial notice is the cognizance of certain facts which judges may properly
    take and act on without proof because they already know them. Under the Rules of
    Court, judicial notice may either be mandatory or discretionary.

    With respect to other ma ers not falling within the mandatory or discretionary judicial
    notice, the court can take judicial notice of a fact pursuant to the procedure in Section 3
    of Rule 129 of the Rules of Court which requires that — SEC. 3. Judicial notice, when
    hearing necessary. — During the trial, the court, on its own initiative, or on request of a
    party, may announce its intention to take judicial notice of any ma er and allow the
    parties to be heard thereon. After the trial, and before judgment or on appeal, the proper
    court, on its own initiative or on request of a party, may take judicial notice of any
    ma er and allow the parties to be heard thereon if such ma er is decisive of a material
    issue in the case.

    In this case, judicial notice of the age of the victim is improper, despite the defense
    counsel’s admission thereof, acceding to the prosecution’s motion. As required by
    Section 3 of Rule 129, as to any other ma ers such as age, a hearing is required before
    courts can take judicial notice of such fact. Generally, the age of the victim may be
    proven by the birth or baptismal certificate of the victim, or in the absence thereof, upon
    showing that said documents were lost or destroyed, by other documentary or oral
    evidence sufficient for the purpose.
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    Published by Atty. Aldrin Jose M. Cana, CPA

    - a practicing lawyer in the Philippines and a Certified Public Accountant by profession.


    His key areas of practice are Labor, Criminal, Civil and Taxation. He graduated as Cum
    Laude in New Era University back in 2012 and as Class 2018 Salutatorian in San Beda
    College Alabang - School of Law. He is also a proud member and finance officer of
    Iglesia ni Cristo. View all posts by A y. Aldrin Jose M. Cana, CPA

    BLOG AT WORDPRESS.COM.

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