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Tulagan's Conviction for Rape Affirmed

Tulagan was convicted of sexual assault and statutory rape of a 9-year old girl (AAA) by the trial court and appellate court. The Supreme Court affirmed the conviction with some modifications. It found that the prosecution successfully proved beyond reasonable doubt that Tulagan forcibly inserted his finger into AAA's vagina, constituting sexual assault. It also found that Tulagan had sexual intercourse with AAA, who was under 12 years old at the time, constituting statutory rape. While some details in AAA's testimony did not appear in her prior statement, her account of the assault and the medical evidence were sufficient to support the conviction.

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176 views1 page

Tulagan's Conviction for Rape Affirmed

Tulagan was convicted of sexual assault and statutory rape of a 9-year old girl (AAA) by the trial court and appellate court. The Supreme Court affirmed the conviction with some modifications. It found that the prosecution successfully proved beyond reasonable doubt that Tulagan forcibly inserted his finger into AAA's vagina, constituting sexual assault. It also found that Tulagan had sexual intercourse with AAA, who was under 12 years old at the time, constituting statutory rape. While some details in AAA's testimony did not appear in her prior statement, her account of the assault and the medical evidence were sufficient to support the conviction.

Uploaded by

Bea Patricia Cutor
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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COMPLETE TITLE: People of the Philippines vs. Salvador Tulagan G.R. No.

227363, March
12, 2019 
RATIO/DOCTRINE: Relevant Jurisprudence on Children
CASE FACTS:
Accused-appellant Salvador Tulagan (Tulagan) is held guilty beyond reasonable doubt by
the RTC of the crimes of sexual assault and statutory rape as defined and penalized under Article
266-A, paragraphs 2 and 1(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, the above-named accused forcibly laid
complainant AAA, a 9-year-old minor in a cemented pavement, and did then and there, inserted
his finger into the vagina of the said AAA, against her will and consent.
In Criminal Case No. SCC-6211, Tulagan was charged as follows:
That on October 8, 2011, the above-named accused, by means of force, intimidation and
with abuse of superior strength, did then and there, have sexual intercourse with complainant
AAA, to the damage and prejudice of said AAA, against her will and consent.
After trial, the RTC found that the prosecution successfully discharged the burden of
proof in two offenses of rape against AAA.
Upon appeal, the CA affirmed with modification Tulagan's conviction of sexual assault
and statutory rape. 
Aggrieved, Tulagan invoked that the appellate court erred in sustaining his conviction
despite the prosecution's failure to prove his guilt beyond reasonable doubt.
ISSUE/S:
1. WON accused-appellant is guilty beyond reasonable doubt of the crimes of sexual assault
and statutory rape.
RULING:
1. The instant appeal has no merit but with modification of the nomenclature of the crime.
The penalty imposed, and the damages awarded in Criminal Case No. SCC-6210 for
sexual assault, and a reduction of the damages in Criminal Case No. SCC-6211 for
statutory rape, are in order.
Here, in Criminal Case No. SCC-6210 for sexual assault, both the RTC and the CA found
AAA's testimony to be credible, straightforward and unwavering when she testified that Tulagan
forcibly inserted his finger in her vagina.
In Criminal Case No. SCC-6211 for statutory rape, both the RTC and the CA also found that
the elements thereof were present, to wit: (1) accused had carnal knowledge of the victim, and
(2) said act was accomplished when the offended party is under twelve (12) years of age.
Indubitably, the courts a quo found that the prosecution was able to prove beyond reasonable
doubt Tulagan's guilt for the crime of rape. the fact that some of the details testified to by AAA
did not appear in her Sinumpaang Salaysay does not mean that the sexual assault did not happen.
AAA's account of her ordeal, corroborated by the medical findings of the examining physician,
as well as her positive identification of Tulagan as the perpetrator of the crime, are, thus,
sufficient to support a conviction of rape.

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