organ despite appeals and struggle against the act. Not just the victim but her entire
family was threatened with death if she would expose the commission of the offense.
Dr. Baluyot confirmed in her final evaluation report that there was definite evidence of
sexual abuse and sexual contact committed against AAA.26
On the other hand, we cannot sustain the sweetheart defense presented by Tuando that
he and AAA were involved in a romantic relationship as that of husband and wife, hence
justifying the sexual intercourse between them.
As testified to by the accused, he and BBB were common-law spouses living under the
same roof with the children of the latter, including AAA. After four years, he now claims
before this Court that upon his separation from BBB, he entered into a romantic
relationship, this time with the minor daughter of his former partner. When the trial
judge asked the accused if he found nothing wrong with his relationship with a minor,
he answered negatively. It is hard for this Court to fathom that a minor, a 13-year old
child-woman, would enter into a relationship with a man thrice her age and worse, a
former common-law spouse of her own mother. It is even absurd, if not disturbing, to
even entertain the thought that a child like AAA, who has been living with her step
father, the accused, since she was 9 years old, would freely consent to sexual
intercourse with the accused in their own home.
We reiterate the principle that no young girl such as AAA would concoct a sordid tale,
on her own or through the influence of her mother BBB or even his brother CCC, and
undergo the ordeal of having her private parts examined by a medical doctor, of being
questioned by NBI operatives about the details of how she was raped by Tuando, then
eventually being subjected to the stigma and embarrassment of a public trial, if her
motive was other than a fervent desire to seek justice.27
cralawred
As often repeated by the Court:
Testimonies of child-victims are normally given full weight and credit, since when a girl,
particularly if she is a minor, says that she has been raped, she says in effect all that is
necessary to show that rape has in fact been committed. When the offended party is of
tender age and immature, courts are inclined to give credit to her account of what
transpired, considering not only her relative vulnerability but also the shame to which
she would be exposed if the matter to which she testified is not true. Youth and
immaturity are generally badges of truth and sincerity. A young girl's revelation that
she had been raped, coupled with her voluntary submission to medical examination and
willingness to undergo public trial where she could be compelled to give out the details
of an assault on her dignity, cannot be so easily dismissed as mere concoction.28
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All told, we are convinced that the elements constituting the crime of qualified rape
were sufficiently established.
Finally, as a desperate attempt to escape conviction, Tuando points to the supposedly
incredible conduct of his victim living what to the accused was a normal life. He insisted
that AAA's act of doing her usual chores and regular attendance at school is unusual for
a rape victim.
Understanding the last issue presented, the accused is trying to destroy the credibility