G.R. No. 194833 - PEOPLE OF THE PHILIPPINES, VS. PORFERIO BALINO ALIAS “TOTO,” ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, the prosecution positively established the elements of rape required under Article 335 of the Revised Penal Code. First, the victim was a woman below twelve years of age. This was established by the presentation of AAAs certificate of live birth [21] as part of her evidence. Second, the accused succeeded in having carnal knowledge with the victim. AAA was steadfast in her assertion that the accused was the one who took her in the room of his house; and that the accused succeeded in inserting his penis into her private part, as a result of which she felt pain. As earlier stated, AAAs testimony was further corroborated by the medical findings of Dr. Cristilda O. Villapañe as contained in the medical report [22] presented during trial. Taken collectively, the above testimonial and documentary evidence clearly established the commission of the crime of rape against AAA by the accused. Finally, the RTC and the CA correctly imposed the penalty of reclusion perpetua in lieu of death under Article 266-A of the Revised Penal Code, as amended by R.A. No. 8355, or the Anti-Rape Law of 1997, in relation to R.A. No. 9346, which prohibits the imposition of the death penalty. Likewise, as provided under Section 3 of R.A. No. 9346, the appellant shall not be eligible for parole under the Indeterminate Sentence Law. As to the civil indemnity, the award to the rape victim is mandatory when rape is found to have been committed; while moral damages must also be awarded in rape cases without need of proof other than the fact of rape since it is assumed that the victim suffered moral injuries entitling her to such an award. However, in view of the most recent pronouncements of this Court, we modify the awards of civil indemnity and moral damages by the appellate court and increase the respective amount to P100,000.00. [23] Insofar as actual or compensatory damages are concerned, Article 2199 of the Civil Code of the Philippines provides as follows: Art. 2199. Except as provided by law or by stipulation, one is entitled to an adequate compensation only for such pecuniary loss suffered by him as he has duly proved . Such compensation is referred to as actual or compensatory damages. (Emphasis supplied) As we have consistently pronounced, in conformity the foregoing provision, there must be pleading and proof of actual damages suffered for the same to be recovered. In addition to the fact that the amount of loss must be capable of proof, it must also be actually proven with a reasonable degree of certainty, premised upon competent proof or the best evidence obtainable. The burden of proof of the damage suffered is, consequently, imposed on the party claiming the same who should adduce the best evidence available in support thereof, like sales and delivery receipts, cash and check vouchers and other pieces of documentary evidence of the same nature. In the absence of corroborative evidence, it has been held that self-serving statements of account are not su