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G.R. No. 227363
doubt of the crimes of sexual assault and statutory rape as defined and
penalized under Article 266-A, paragraphs 2 and l(d) of the Revised Penal
Code (RPC), respectively, in relation to Article 266-B.
In Criminal Case No. SCC-6210, Tulagan was charged as follows:
That sometime in the month of September 2011, at x x x, and within
the jurisdiction of this Honorable Court, the above-named accused, by
means of force, intimidation and with abuse of superior strength forcibly
laid complainant AAA, 3 a 9-year-old minor in a cemented pavement, and
did then and there, willfully, unlawfully and feloniously inserted his finger
into the vagina of the said AAA, against her will and consent.
Contrary to Article 266-A, par. 2 of the Revised Penal Code m
relation to R.A. 7610.
In Criminal Case No. SCC-6211, Tulagan was charged as follows:
That on or about October 8, 2011 at x x x, and within the jurisdiction of
this Honorable Court, the above-named accused, by means of force,
intimidation and with abuse of superior strength, did then and there,
willfully, unlawfully and feloniously have sexual intercourse with
complainant AAA, a 9-year-old minor against her will and consent to the
damage and prejudice of said AAA, against her will and consent.
Contrary to Article 266-A, par. l(d) of the Revised Penal Code in
relation to R.A. 7610.
Upon arraignment, Tulagan pleaded not guilty to the crimes charged.
During the trial, BBB, aunt of the victim AAA, testified that around
10:30 a.m. of October 17, 2011, she noticed a man looking at AAA outside
their house. When AAA asked her permission to go to the bathroom located
outside their house, the man suddenly went near AAA. Out of suspicion,
BBB walked to approach AAA. As BBB came close to AAA, the man left
suddenly. After AAA returned from the bathroom, BBB asked what the man
was doing to her. AAA did not reply. She then told AAA to get inside the
house. She asked AAA to move her panties down, and examined her
The identity of the victim or any information to establish or compromise her identity, as well as
those of her immediate family or household members, shall be withheld pursuant to Republic Act No.
7610, "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation
and Discrimination, and for Other Purposes"; Republic Act No. 9262, "An Act Defining Violence Against
Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor,
and for Other Purposes"; Section 40 of A.M. No. 04-10-11-SC, known as the "Rule on Violence Against
Women and Their Children," effective November 15, 2004; People v. Cabalquinto, 533 Phil. 703 (2006);
and Amended Administrative Circular No. 83-2015 dated September 5, 2017, Subject: Protocols and
Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions,
and Final Orders Using Fictitious Names/Personal Circumstances.
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