This case has been cited 3 times or more.
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2015-12-09 |
PEREZ, J. |
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| The RTC and the CA correctly appreciated the twin qualifying circumstances of minority and relationship. Accused-appellant admitted during the pre-trial conference that AAA was his daughter. Thus, relationship between accused-appellant and AAA is established. Anent the element of minority, the prosecution presented a certification[23] from the UCCP Office in Ayungon, Negros Occidental stating that AAA was baptized according to the rites and ceremonies of the UCCP. The certification shows that AAA was born on 10 September 1987 to accused-appellant and a certain Nely Fabel. A page of the UCCP Membership Book was submitted bearing the same information. It was held that a birth certificate, baptismal certificate, school records or documents of similar nature can be presented to prove the age of a victim.[24] In this case, the Membership Book, which is considered an entry in official records under Section 44,[25] Rule 130 of the Rules of Court, is admissible as prima facie of their contents and corroborative of AAA's testimony as to her age. Moreover, entries in public or official books or records may be proved by the production of the books or records themselves or by a copy certified by the legal keeper thereof.[26] | |||||
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2002-09-11 |
CARPIO, J. |
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| can be dispensed with because the Court can take judicial notice of the complainant's minority. [60] Judicial notice is possible in such cases because of the manifest minority of the complainant.[61] The doubt as to Remily's minority must be resolved in appellant's favor. The proper penalty therefore is reclusion perpetua for each count of rape, not death. With the reduction of the penalties for both counts of rape, the award of indemnity must be accordingly modified. The amount of P75,000.00 in each civil indemnity should correspondingly be reduced to P50,000.00, an amount that is in line with current rulings. On the other | |||||
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2002-01-23 |
PER CURIAM |
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| A - She is six (6) years old."[37] There is no more need to present the live birth certificate of Judelyn or other equally acceptable official document concerning her date of birth to determine Judelyn's age. Such independent proof can be dispensed with in cases where the court can take judicial notice of the victim's tender age in view of the manifest minority of the victim.[38] Judicial notice of the victim's age may be taken when the victim is 10 years old or below.[39] With the concurrence of the special qualifying circumstances of the victim's minority and her relationship with appellant, the rape committed by appellant is qualified as heinous. The imposition of the death penalty is thus warranted. | |||||