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Remiendo Vs People Digest
Remiendo Vs People Digest
FACTS:
PETITION for review on certiorari of the decision and resolution of the Court of Appeals.
The complainant [AAA] was born on 16 February 1986. At the time of the commission of the
offense, she was a minor below 12years of age. She knew accused-appellant Robert Remiendo as he was
residing near the house where her family used to stay. Sometime in March 1997, she was sexually
assaulted by accused-appellant inside said house. On that day, her parents and brother left for work
after breakfast, and she was left alone in the house. Accused-appellant came in, pushed her into the
room, and raped her. The complainant struggled, moved, and pushed accused-appellant. She felt pain
when accused-appellant inserted his penis into her vagina. She cried until accused-appellant left, but she
did not shout because accused-appellant warned her not to, or else he would kick her. She put on her
clothes after accused-appellant left. Her parents arrived in the afternoon but she did not tell them what
happened to her because her mother might whip her.
Sometime in May 1997, [AAA] was again sexually assaulted by accused-appellant, which took
place in the house of the latter. At that time, she was on her way to see her mother at her workplace
after she had lunch. When she passed by the house of accused-appellant, the latter pulled her into his
house and brought her into his room. They were alone in the room. Accused-appellant removed his
clothes and told her to remove her panty. Afraid, she removed her panty and was made to lie on the
bed. Accused-appellant inserted his penis into her vagina and she felt pain. She kept on moving but she
could not push away accused-appellant. She moved her shoulders and pushed accused-appellant with
both hands but he was stronger. Afterwards, accused-appellant moved away and threatened to kill her if
she told anyone what happened. She responded that she would not tell anyone. Later, she executed a
sworn statement and identified accused-appellant as the person who raped her. AAA was examined by
the NBI medico legal officer and confirmed the laceration of the hymen and the psychiatrist exam result
showed that [AAA] is suffering from psychosis and organicity. The defense presented statements from
classmates and teacher that AAA was a liar and unruly. October 27, 2004, the RTC found Remiendo
guilty beyond reasonable doubt of two (2)counts of statutory rape. andhereby sentences him to suffer
the penalty of eight (8) years and one (1) day of prision mayor , as minimum, to fourteen (14) years and
one (1) day of reclusion temporal , as maximum for each count of rape. He shall further indemnify the
offended party [AAA] the sum of Fifty Thousand Pesos (P50,000.00) by way of civil indemnity, the sum of
Thirty Thousand Pesos (P30,000.00) by way of moral damages, and the sum of Ten Thousand Pesos
(P10,000.00) byway of exemplary damages. The CA affimed the decision and modified the damages.
ISSUE:
1. Yes, AAA’s testimony of rape was corroborated by the NBI medico-legal examination
showing healed lacerations on her hymen. Hymenal lacerations, whether healed or fresh,
are the best evidence of forcible defloration. When the consistent and forthright testimony
of a rape victim is consistent with medical findings, there is sufficient basis to warrant a
conclusion that the essential requisites of carnal knowledge have been established.
2. No, Remiendo, being above 15 and under 18 years of age at the time of the rape, and
having acted with discernment, but having already reached 21 years of age at the time of
the imposition of his sentence by the trial court, his claim for the benefits of R.A. No. 9344 is
rendered moot and academic.