THIRD DIVISION
G.R. No. 207816, February 24, 2016
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. RAUL YAMON
TUANDO, Accused-Appellant.
DECISION
PEREZ, J.:
This is an appeal from the Decision1 of the Court of Appeals dated 27 September 2012
in CA-G.R. CR-HC No. 04720, which affirmed with modifications the Decision2 dated 26
August 2010 of the Regional Trial Court (RTC), Branch 69, Pasig City (stationed in
Taguig City) in Criminal Case No. 134740-H, finding accused Raul Yamon Tuando
(Tuando) guilty of qualified rape under Article 266-A(l) (c) in relation to Article 266-B
(1) of the Revised Penal Code.3
On 9 January 2007, an Information was filed against Tuando against which he pleaded
not guilty.
That on or about January 2006 in Taguig City, Philippines, and within the jurisdiction of
this Honorable Court, above-named accused, actuated by lust, and abusing his
authority over AAA, daughter of his common law wife, did, then and there willfully,
unlawfully and feloniously succeeded in having sexual intercourse with said AAA, who
was then thirteen (13) years old at the time of the commission of the offense, against
her will and consent and to her damage and prejudice.
CONTRARY TO LAW.4
ChanRoblesVi rtualaw libra ry
The factual antecedents are the following:
The victim AAA, in her testimony and sworn statement, narrated that she was 13 years
old and a resident of Taguig City. She recalled that during the month of January 2006,
upon coming home from school at noon-time, Tuando offered her softdrinks, which she
accepted and drank. After consuming it, she felt dizzy. It was at this moment that
Tuando pulled her inside the bedroom and put her on the bed. Tuando then removed
her school uniform and undergarments, kissed her and laid himself on top of AAA. She
tried to resist his advances but he boxed her hand and threatened to kill her whole
family. Thereafter, he kissed the victim's breasts and inserted his penis inside the
victim's private organ despite pleas to stop. After satisfying his lust, Tuando again
threatened the victim not to tell her mother about what happened. Then he left her.
Since then, Tuando continued raping her upon arriving from school with threats to kill
her family.5
Months later, AAA's mother BBB noticed that AAA was not having her monthly
menstrual period. Upon the advice of her employer, BBB brought AAA to a local health
center but she was told to bring her child to the Child Protection Unit of Philippine
General Hospital (PGH) for medical examination.6 There, she was medically examined
by Dr. Irene Baluyot (Dr. Baluyot) of PGH. On 11 July 2006, Dr. Baluyot confirmed