Case Digest: PEOPLE OF THE PHILIPPINES v. RONNIE RULLEPA y GUINTO

PEOPLE OF THE PHILIPPINES v. RONNIE RULLEPA y GUINTO

398 SCRA 567, 5 March 2003, EN BANC

Ronnie Rullepa y Guinto (Rullepa), a houseboy, was charged with Rape before the Regional Trial Court (RTC) of Quezon City for allegedly having carnal knowledge with “AAA”, three (3) years of age, a minor and against her will and without her consent.
“AAA” described her abuse under the hands of Rullepa in a plain and matter-of-fact manner in her testimony. The victim and her mother testified that she was only three years old at the time of the rape. However, the prosecution did not offer the victim‘s certificate of live birth or similar authentic documents in evidence.

Finding for the prosecution, the RTC rendered judgment finding Rullepa guilty beyond reasonable doubt of rape and accordingly sentenced him to death. The case was placed for automatic review of the Supreme Court

ISSUE:

Whether or not the trial court erred in imposing the supreme penalty of death upon Rullepa

HELD:

A person‘s appearance, where relevant, is admissible as object evidence, the same being addressed to the senses of the court. As to the weight to accord such appearance, especially in rape cases, the Court in People v. Pruna laid down the guideline.

Under the guideline, the testimony of a relative with respect to the age of the victim is sufficient to constitute proof beyond reasonable doubt in cases (a) and (b) above. In such cases, the disparity between the allegation and the proof of age is so great that the court can easily determine from the appearance of the victim the veracity of the testimony. The appearance corroborates the relative‘s testimony.

As the alleged age approaches the age sought to be proved, the person‘s appearance, as object evidence of her age, loses probative value. Doubt as to her true age becomes greater and, following United States v. Agadas, such doubt must be resolved in favor of the accused.
Because of the vast disparity between the alleged age (three years old) and the age sought to be proved (below twelve years), the trial court would have had no difficulty ascertaining the victim‘s age from her appearance. No reasonable doubt, therefore, exists that the second element of statutory rape is present.

Whether the victim was below seven years old, however, is another matter. Here, reasonable doubt exists. A mature three and a half-year old can easily be mistaken for an underdeveloped seven-year old. The appearance of the victim, as object evidence, cannot be accorded much weight and the testimony of the mother is, by itself, insufficient.

As it has not been established with moral certainty that “AAA” was below seven years old at the time of the commission of the offense, Rullepa cannot be sentenced to suffer the death penalty. Only the penalty of reclusion perpetua can be imposed upon him.