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PEOPLE v. MANUEL LIBAN

This case has been cited 6 times or more.

	GR No. 169061 2007-06-08	PEOPLE v. ROQUE ABELLANO NACHURA, J.
With respect to the proper penalty to be imposed, the accused avers that he cannot be sentenced to suffer the death penalty since the qualifying circumstance of minority, that AAA was 12 years and 10 months old in June 1997, was not duly alleged in the Information, in the light of the rulings in People v. Bartolome,[34] People v. Cula,[35] and People v. Liban.[36] His reliance on these cases is misplaced. These cases reduced the penalty from death to reclusion perpetua because the qualifying circumstance of minority was not duly alleged and proven. However, nowhere in the cited decisions does it declare that the exact age, including the number of months must be recited in the Information, otherwise, an accused may not be convicted of qualified rape. More importantly, the facts obtaining in these cases show that although the qualifying circumstances were not duly alleged and established during trial, such inconsistencies did not create reasonable doubt as would reverse a conviction of rape.
	GR No. 142727 2002-01-23	PEOPLE v. ANTONIO DULINDO ESUREÑA YNARES-SANTIAGO, J.
In the case of People v. Manuel Liban,[13] this Court ruled that the birth certificate of the victim or in lieu thereof, any other documentary evidence that can help establish the age of the victim should be presented.
	GR No. 130653 & GR No. 139384 2001-12-11	PEOPLE v. FRANCISCO BANIQUED VITUG, J.
In the case at bar, while the father-daughter relationship was alleged and proven, the minority of the victim, although alleged, was not, however, sufficiently established. The birth certificate of the victim or, in lieu thereof, any documentary evidence like a baptismal certificate, school records and documents of similar nature or other credible evidence, that can help confirm the age of the victim have not, unexplainably, been presented during the trial.[13] Except for the bare testimony of the victim of being fifteen years old, not too far below the age of 18 years, at the time of the rape, nothing from the records would satisfactorily prove the correct age of the victim. Instead of meting the death penalty, the court a quo should have thus only imposed reclusion perpetua on appellant.
	GR Nos. 132875-76 2001-11-16	PEOPLE v. VS. YNARES-SANTIAGO, J.
Rosilyn's Baptismal Certificate can likewise serve as proof of her age. In People v. Liban,[38] we ruled that the birth certificate, or in lieu thereof, any other documentary evidence that can help establish the age of the victim, such as the baptismal certificate, school records, and documents of similar nature, can be presented.
	GR Nos. 123138-39 2001-11-08	PEOPLE v. HONESTO LLANDELAR Y MAGANTI QUISUMBING, J.
This Court has consistently required, however, that the victim's minority must not only be specifically alleged in the information but must likewise be established during trial. Neither the obvious minority of the victim, nor the absence of any contrary assertion from the defense, can excuse the prosecution from these twin requirements. The birth certificate of the victim or, in lieu thereof, any other documentary evidence, like a baptismal certificate, school records and documents of similar nature, or credible testimonial evidence, that can help establish the age of the victim should be presented. Judicial notice of the issue of age, without the requisite hearing conducted under Section 3, Rule 129, of the Rules of Court,[20] would not be considered enough compliance. While the declaration of a victim as to her age, being an exception to the hearsay proscription, would be admissible under the rule on pedigree, the question on the relative weight that may be accorded to it is another matter. Corroborative evidence would be most desirable or even essential when circumstances warrant.[21]
	GR Nos. 138576-77 2001-07-13	PEOPLE v. JIMMY JACOB Y LOPEZ PER CURIAM
People v. Liban[7] was more categorical. It said that "x x x the Court has consistently adhered to the idea that the victim's minority must not only be specifically alleged in the information but must likewise be established beyond reasonable doubt during trial x x x x The birth certificate of the victim or, in lieu thereof, any other documentary evidence, like a baptismal certificate, school records and documents of similar nature, or credible testimonial evidence that can help establish the age of the victim should be presented" (emphasis supplied).