People v. Mabalo, G.R. No. 238839, February 27, 2019, RULE 130, SECTION 4. ORIGINAL DOCUMENT RULE (BEST EVIDENCE RULE)

  RULE 130, SECTION 4. ORIGINAL DOCUMENT RULE (BEST EVIDENCE RULE)

People v. Mabalo, G.R. No. 238839, February 27, 2019

PERALTA, J.:

FACTS: Mabalo have carnal knowledge with AAA, a minor, 14 years old, against her will and consent. AAA and her mother went to the Police Station and executed a sworn statement. AAA was then given a general physical examination and an anogenital examination. The Final Medico-legal Report found anogenital findings are diagnostic of blunt force or penetrating trauma.

Mabalo was arrested. During his arraignment, Mabalo, without the assistance of a counsel and after manifesting his willingness and readiness to be arraigned, entered a plea of not guilty. The prosecution presented the testimonies of AAA, SPO1 Santos, SPO1 Reyes, and Dr. Tan. Mabalo used the defense of denial and alibi.

RTC found Mabalo guilty beyond reasonable doubt of the crime of rape under RA 7610 and imposed the death penalty. CA ruled that even though the prosecution failed to prove that AAA was a minor at the time the incident took place, Mabalo may still be convicted of simple rape under Art. 266-A, par. 1(a) of the RPC and reduced the penalty to reclusion perpetua.

ISSUE: Whether or not the best evidence to prove the age is the original or certified true copy of birth certificate.

HELD: YES. Although the Information alleged that AAA was 14 years old at the time of the incident, no ·proof was presented to attest the truth of such statement.  Without the Certificate of Live Birth and other means by which AAA's age as alleged in the Information could have been ascertained beyond doubt, this Court is constrained to agree with the CA and deem the crime committed as Simple Rape.

In People v. Pruna, the guidelines in determining the age of the victim:

1. The best evidence to prove the age is an original or certified true copy of the certificate of live birth of such party.

2. In the absence, baptismal certificate and school records which show the date of birth.

3. In the absence of 1 and 2, the testimony of the victim's mother/member of the family by affinity or consanguinity who is qualified to testify on matters respecting pedigree such as the exact age or date of birth.

In addition, such positive identification of Mabalo as the one who raped her is corroborated by the result of the medico-legal examination conducted on her. A single and consistent testimony of the victim would suffice to sustain a conviction and the testimony of both officers who both attested to the arrest. The presentation of Dr. Tan's medico-legal report which appear to affirm AAA's version of the story. While it is a rule that medical finding is not an element of rape and cannot establish the one responsible for the same, jurisprudence dictates that it is corroborative of the testimony of the rape victim that she has been raped.