WHEREFORE, finding accused Ramon Yamon Tuando guilty beyond reasonable doubt of
Qualified Rape, the court hereby sentences him to suffer the penalty of Reclusion
Perpetua without eligibility for parole. He is also ordered to pay AAA the amount of
[P]75,000.00 for civil indemnity; [P]75,000.00 for moral damages; and [P]25,000.00
for exemplary damages to deter others similarly minded, with perverse tendencies and
aberrant sexual behavior from preying upon the children victims.16
ChanRoblesVi rtualaw libra ry
Upon appeal, the Court of Appeals affirmed with modifications the ruling of the trial
court, the dispositive portion reads:
WHEREFORE, premises considered, the assailed decision is AFFIRMED subject however
to the following MODIFICATIONS:
chanRoble svirtual Lawlib ra ry
a) The grant of exemplary damages is increased to [P]30,000.00.
b) Appellant is further ordered to support the offspring born as 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 the
trial court.
SO ORDERED.17
ChanRoblesVirt ualawli bra ry
The appellate court found no error on the conviction of the accused. It placed more
weight on the findings of fact of the trial judge who was in the best position to
competently rule on the veracity of AAA's testimony. On the other hand, it gave scant
consideration to the argument of the accused that AAA's continued performance of her
regular household duties was contrary to the conduct of a rape victim. It further ruled
that Tuando's threats to AAA's life and her family, coupled with the status of the
accused as a common-law spouse of AAA's mother, was sufficient intimidation to put
AAA to abject submission.
Hence, this present appeal.
Before this Court, Tuando raises the following assignment of errors: (1) The appellate
court gravely erred in convicting the accused-appellant under a different criminal
information thereby violating his right to be informed of the nature and cause of
accusation against him; (2) The appellate court gravely erred when it convicted the
accused-appellant when his guilt has not been proven beyond reasonable doubt; (3)
The appellate court gravely erred in giving credence to the private complainant's
testimony despite being contrary to common human experience.
We dismiss the appeal for lack of merit.
On the first issue of denial of due process, Tuando contends that his right to be
informed of the nature and cause of accusation against him was violated when the
appellate court affirmed his conviction despite the fact that the crime of which he was
convicted by the trial court was different from the one he pleaded to and was charged
with. To support his argument, he cited the case of People v. Valdesancho18 where the
Court acquitted the accused due to the denial of his right to due process as he was
charged with rape committed on 15 August 1994 and 16 August 1994, but was
convicted for crimes of rape committed on 15 and 16 August 1993.