Case Digest (G.R. No. 137297)
Facts:
The People of the Philippines v. Ricardo Agravante y Zantua, G.R. Nos. 137297 & 138547-48, December 11, 2001, Supreme Court En Banc, Mendoza, J., writing for the Court.The Provincial Prosecutor of Camarines Norte filed three informations on November 26, 1994 in the Regional Trial Court (RTC), Branch 40, Daet, docketed as Criminal Cases Nos. 8430–8432, charging Ricardo Agravante y Zantua with rape of his daughter Maria Agravante y Vargas on dates in November 1994. The three informations were similarly worded and alleged the aggravating circumstance of relationship (accused being the victim’s father). The cases were tried jointly before the RTC.
At trial the prosecution presented the victim Maria, Dr. Marcelito Abas (medico-legal officer), and Adelina Racho (boarding-house owner). Maria testified to three separate incidents of forcible intercourse by her father on November 5 and November 19, 1994; she described physical resistance, being slapped and punched, subsequent washing of blood and whitish fluid from her genitalia, and delayed disclosure to third parties. Dr. Abas testified to three “old” hymenal lacerations at the 3, 6 and 9 o’clock positions; the laboratory test was negative for sperm. Adelina Racho corroborated Maria’s report of lodging a police statement and that Maria later lived with an INK elder and DSWD custody was arranged.
The defense produced testimony of Maria’s high school adviser and neighbors, and accused himself denied the rapes, claiming limited contact with Maria because of work, that Maria slept in a lockable separate room, and that Maria’s motive was malice after being disciplined. Evidence included a school-attendance certification showing absences and a barangay certification denying a supposed dance party. The RTC (Judge Honesto V. Marcelo) found the accused guilty beyond reasonable doubt on October 16, 1998 and sentenced him to death in each case and ordered moral damages.
Accused filed a motion for new trial on December 13, 1999 based on an affidavit of a niece asserting exculpatory circumstances; in its January 25, 2000 resolution this Court denied the motion as failing to show newly discovered evidence under Ru...(Subscriber-Only)
Issues:
- Was the testimony of the complainant, Maria Agravante, credible so as to sustain conviction?
- Was qualified rape (warranting the death penalty under Art. 335, RPC, as amended by R.A. No. 7659) proved — in particular, was the complainant’s minority ad...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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