Case Digest (G.R. No. 147968)
Facts:
People of the Philippines v. Rogelio Bitancor alias "Boy", G.R. No. 147968, December 04, 2002, Supreme Court Third Division, Panganiban, J., writing for the Court.The appellant, Rogelio Bitancor, was charged by complaint dated July 27, 1996 with rape allegedly committed on the evening of July 22, 1996 at Sitio Camonggayan, Barangay Catungawan Sur, Guindulman, Bohol (Criminal Case No. 96-67, RTC Bohol, Branch 50). The complaint alleged that the then nearly eleven-year-old complainant, Donafaye Amparo (born July 24, 1985), was followed by the accused while returning from watching television, was forced to a gemelina tree, had her panty removed, was digitally and vaginally penetrated, threatened with death if she complained, and suffered physical injuries.
At trial the prosecution presented the complainant, her mother Trinidad Amparo, the hilot who observed swellings, Dr. Lina Cero (medical officer) who found hymenal lacerations, erythema, swelling and fresh wounds, and a laboratory technologist who reported non-motile spermatozoa on a vaginal smear. The police arrested appellant after the complainant identified him.
The defense presented alibi and denial: witnesses testified the parties watched TV until about 9:00 p.m. and that the appellant was at a mahjong den the evening of July 22 (owner Fidel Besas gave differing accounts as to when appellant arrived), while other witnesses suggested the complainant’s injuries resulted from a fall. The trial court found the prosecution witnesses credible, convicted appellant of rape under Article 335 of the Revised Penal Code, and sentenced him to reclusion perpetua, ordered indemnity of P200 and moral damages of P50,000.
Appellant appealed to the Sup...(Subscriber-Only)
Issues:
- Did the lower court err in finding the accused guilty of rape despite an alleged failure of the prosecution to prove guilt beyond reasonable do...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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