G.R. Nos. 140411-13 - PEOPLE OF THE PHILIPPINES, VS. AVELINO LATAG Y DITA ALIAS "PAUTO,".DECISION - Supreme Court E-Library

Ruling

WHEREFORE, x x x. "x x x x x x x x x "Anent Crim. Case No. 0460-97, the Court finds Avelino Latag y Dita alias `Pauto' guilty beyond reasonable doubt, as principal, of the crime of Rape, as defined and penalized under Article 335, par. 3 of the Revised Penal Code, as amended by Republic Act. No. 7659 and sentences him to suffer the supreme penalty of DEATH [and] to pay the costs of this suit. In addition, he is also ordered to indemnify BBB and/or her heirs the sum of P75,000.00, to pay the amount of P10,000.00, as moral damages, pursuant to Article 2219(3) of the Civil Code and the sum of P5,000.00, as exemplary damages pursuant to Article 2229 of the same Code, in order that this case may serve as an object lesson to the public - that no uncle may ever again deprive his niece of `the right to grow up and discover the wonder of womanhood in the normal way.'" [2] Appellant was charged with two counts of rape, one in the criminal Complaint filed by AAA and in another, by BBB. The Complaints, both dated June 24, 1997 and docketed as Criminal Case Nos. 0458-97 and 0460-97, respectively, read as follows: Criminal Case No. 0458-97 "That on or about the 5 th day of April, 1997 in the evening, at Sitio Santol , Barangay Nangkaan , [3] Municipality of Mataasnakahoy , [4] Province of Batangas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously lie with and have carnal knowledge of the said twelve (12) year-old girl, AAA, against her will and consent." [5] Criminal Case No. 0460-97 "That sometime in the month of April, 1997, at Sitio Santol , Barangay Nagkaan , Municipality of Mataasnakahoy , Province of Batangas, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously lie with and have carnal knowledge of the said ten (10) year-old girl, BBB, against her will and consent." [6] During his arraignment on August 27, 1997, [7] appellant, with the assistance of his counsel, [8] pleaded not guilty to both charges. After trial in due course, the court a quo rendered the assailed decision. The Facts Version of the Prosecution In its Brief, the Office of the Solicitor General (OSG) presents the prosecution's version of the facts in the following manner: "BBB was born in Manila to the Spouses Virgilio and Babylita Latag Sarmiento . BBB and her brothers and sisters lived with their parents in Paco, Manila until they transferred to Sitio Santol , Brgy. Nangkaan , Mataas na Kahoy , Batangas in their maternal grandparents' house. In June 1996, the Spouses Sarmiento left all their children at said house as Virgilio had to attend to his occupation as a taxi driver in Manila. "In April, 1997, at nigh[t]time, appellant Avelino Latag raped BBB. BBB at that time was only ten (10) years old. On that night of April, 1997, BB