Case Digest (G.R. No. 144195)
Facts:
People of the Philippines v. Florentino Bascugin y Reyes, G.R. No. 144195, May 25, 2004, the Supreme Court Second Division, Callejo, Sr., J., writing for the Court. The appellee is the People of the Philippines; the appellant is Florentino Bascugin y Reyes (the victim’s maternal granduncle). The victim is Ivee Penano y Hernando.The Information charged the appellant with rape allegedly committed on or about February 14, 1996 in Alfonso, Cavite, against Ivee Penano, then 13 years old. The appellant was arraigned, pleaded not guilty, and was tried in the Regional Trial Court (RTC) of Tagaytay City, Branch 18.
At trial the prosecution presented the victim Ivee, who testified that the appellant had sexually abused her repeatedly beginning when she was about 12 years old and that on February 14, 1996 the appellant brought her into his toilet, made her undress, had her sit on the toilet bowl with legs spread while he knelt and tried to insert his erect penis into her vagina; she felt severe pain and the appellant stopped, gave her money, and left. Ivee was described as somewhat mentally retarded. A medico-legal examination by Dr. Eduardo T. Vargas produced Living Case No. MG-96-274: no extragenital injuries were noted, the hymen was intact with an orifice admitting a 2.0 cm tube, and the doctor concluded complete penetration by an average adult male without injury was unlikely.
The appellant denied the charge, claimed he was at home and never invited Ivee in, and suggested the accusation arose from ill will over a prior refusal to lend money. On January 31, 2000 the RTC convicted him ...(Subscriber-Only)
Issues:
- Was the conviction for rape proper—i.e., did the prosecution prove beyond reasonable doubt that the appellant committed rape against Ivee Penano?
- Were the damages awarded by the trial court adequate, or should civil indemnity and exemplary damages...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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