of AAA due to the fact that she tried to live a normal life despite being raped by him.
The accused finds fault with AAA when she continued to live normally after she was
sexually abused.
There is ample basis to conclude that AAA's resumption to normal life after the
commission of rape cannot be taken against her. A victim's reaction after a harrowing
experience, especially in a crime of rape, is subjective and not everyone responds in
the same way. There is no standard form of behavior that can be anticipated of a rape
victim following her sexual abuse.29 People respond differently to emotional stress,
particularly minor children subjected to such level of emotional trauma.
With respect to the penalty, the Court affirms the penalties imposed by the Court of
Appeals with modifications.
Under Article 266-B of the Revised Penal Code, the penalty of death shall be imposed
when the victim of rape is under eighteen (18) years of age and the offender is a
parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within
the third civil degree, or the common-law spouse of the parent of the victim. However,
upon the effectivity of Republic Act No. 934630 prohibiting the imposition of death
penalty in the Philippines, the penalty of reclusion perpetua without eligibility for parole,
in lieu of death penalty, shall be imposed on Tuando.31 Hence, the Court affirms the
imposition of penalty meted by the Court of Appeals.
Pursuant to our recent rulings in People v. Gambao32 and recently by People v.
Colentava,33 we modify the award of damages to AAA from P75, 000.00 to P100,000.00
as civil indemnity, P75,000.00 to P100,000.00 as moral damages and P30,000.00 to
P100,000.00 as exemplary damages, for qualified rape.
All damages awarded shall earn interest at the rate of 6% per annum from date of
finality of this judgment until fully paid.34
We also affirm the ruling of the appellate court ordering Tuando to provide financial
support to AAA's offspring pursuant to Article 345 of the Revised Penal Code.35
WHEREFORE, the appeal is DISMISSED and the Decision of the Court of Appeals
dated 27 September 2012 in CA-G.R. CR-HC No. 04720, finding accusedappellant RAMON YAMON TUANDO guilty of qualified rape and sentencing him to
suffer the penalty of reclusion perpetua without eligibility for parole is AFFIRMED with
the following modifications:
chanRoble svirtual Lawlib ra ry
(1) Appellant RAUL YAMON TUANDO is ordered to pay the victim "AAA" P100,000.00 as
civil indemnity, P100,000.00 as moral damages, and P100,000.00 as exemplary damages;
(2) All damages awarded shall earn interest at the rate of 6% per annum from the date of
finality of this decision until fully paid;
(3) Appellant is further ordered to support the offspring born as a consequence of the rape. The
amount of support shall be determined by the trial court after due notice and hearing, with
support in arrears to be reckoned from the date the appealed decision was promulgated by