Case Digest (G.R. No. 134525)
Facts:
People of the Philippines v. Alfredo Delos Santos @ Ondong, G.R. No. 134525, February 28, 2003, Supreme Court Second Division, Austria‑Martinez, J., writing for the Court. The People (plaintiff-appellee) prosecuted Alfredo Delos Santos @ Ondong (accused-appellant) for rape under Article 335 of the Revised Penal Code, alleging that on or about November 2, 1995, in Barangay Nalneran, Basista, Pangasinan, the accused by force or intimidation had sexual intercourse with the victim, AAA, then a child.On July 25, 1996, Domingo P. Cayabyab (AAA’s father) filed the complaint. At arraignment the accused pleaded not guilty and trial followed before the Regional Trial Court, Branch 57, San Carlos City, Pangasinan. The prosecution presented the victim AAA, her sister Joan, their parents Domingo and Edivina Cayabyab, and Dr. Maria Salome Romero (examining physician). AAA, then ten years old at testimony though eight at the time of the incident, described in detail how the accused entered the comfort room, locked the door, removed his trousers, embraced and kissed her, lifted her with legs spread and inserted his organ into her vagina, causing pain; she told her sister Joan soon after and later the parents. Joan corroborated seeing the accused enter the comfort room and recounted AAA’s outcry after the incident.
Dr. Romero examined AAA on November 18, 1995 and found a partial laceration of the hymen at the 1 and 2 o’clock positions and that the vaginal canal admitted the tip of the examining finger; she opined the laceration might have been caused among other things by the sexual organ of the opposite sex but acknowledged other possible causes (e.g., bicycle‑riding, climbing).
The defense called Iglesia Ni Cristo ministers Carlo Cabotaje and Servulo Jacinto and the accused. Church witnesses testified that initial conferences and logbook entries described only kissing and touching of private parts (panghahalik, panghihipo ng ari), and that the accused had been expelled from the congregation. The accused denied rape and maintained that the girls had said at church conferences that he only kissed them. The prosecution rebutted with Edivina Cayabyab and Corazon Ledesma (grandmother), who maintained the family did not reveal the full extent of the injury at the church meetings to avoid public shame and that the complainants were later expelled for refusing the church settlement.
On May 8, 1998, the trial court found the accused guilty beyond reasonable doubt of r...(Subscriber-Only)
Issues:
- Should the Supreme Court disturb the trial court’s findings on the credibility of witnesses?
- Was the prosecution able to prove beyond reasonable doubt that accused committed rape?
- Could the aggravating circumstance of dwelling be appreciated though it was not alleged in the information?
- What civil damages shoul...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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