Case Digest (G.R. No. 215202)
Facts:
People of the Philippines v. Villarin Clemeno, G.R. No. 215202, March 14, 2018, Supreme Court Third Division, Martires, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Villarin Clemeno; the minor victim is identified by the initials AAA.In June 2003 and June 2004 accused-appellant was charged in two separate informations (Criminal Case Nos. 14007 and 14008) with two counts of rape allegedly committed against his daughter, AAA, under Article 266‑A, par. 1, in relation to Article 266‑B of the Revised Penal Code. Upon arraignment the accused pleaded not guilty. The prosecution presented AAA, social worker Charity Nunez, and NBI forensic chemist Aida R. Viloria‑Magsipoc. AAA testified that on the nights in question her father lay on her, removed her clothing despite resistance, held her down and had sexual intercourse with her, threatening to kill the family if she reported it; one incident resulted in pregnancy and the child’s birth on 6 April 2005. A medical examiner noted recent childbirth and the NBI DNA analysis produced a 99.999999% probability that accused-appellant was the biological father of AAA’s child.
The defense rested on accused-appellant’s denial; he testified he loved his children and alleged AAA was influenced by a brother‑in‑law with whom he had a property feud. The defense also contended AAA’s resistance was insufficient and that her delay in reporting cast doubt on the accusation.
The Regional Trial Court (Branch VII, Batangas City) found accused-appellant guilty beyond reasonable doubt and, in its October 19, 2010 decision in Criminal Cases No. 14007 and 14008, sentenced him to reclusion perpetua for each count and awarded P75,000 civil indemnity, P75,000 moral damages and P30,000 exemplary damages for each count. On appeal, the Court of Appeals in CA‑G.R. CR H...(Subscriber-Only)
Issues:
- Whether the prosecution proved beyond reasonable doubt that accused-appellant committed two counts of rape.
- Whether AAA’s alleged insufficient physical resistance and delay in reporting defeat the prosecution’s case.
- Whether the DNA test result may be given probative value and creates a disputable presumption of paternity.
- Whether the awards ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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