Title
Supreme Court
People vs. Dimaano
Case
G.R. No. 168168
Decision Date
Sep 14, 2005
Father convicted of raping minor daughter; acquitted of attempted rape due to insufficient allegations. Victim's testimony upheld despite desistance affidavit. Damages awarded.

Case Digest (G.R. No. 168168)
Expanded Legal Reasoning Model

Facts:

  • Parties and Charges
    • Maricar Dimaano, minor daughter of Edgardo Dimaano, filed complaints against her father for two counts of rape and one count of attempted rape.
    • The offenses allegedly occurred in Parañaque, Metro Manila, between 1993 and January 1, 1996.
    • Criminal Case No. 96-125 charged rape in 1993; Criminal Case No. 96-150 charged rape on December 29, 1995; Criminal Case No. 96-151 charged attempted rape on January 1, 1996.
    • The accused pleaded not guilty.
  • Details of the Offenses
    • First rape incident (1993): Appellant entered Maricar’s room, removed her clothes, and forced anal intercourse. Maricar was 10 years old.
    • Subsequent rape (shortly after the first): Appellant removed clothes, positioned her on her side, and had vaginal intercourse causing great pain.
    • Third rape incident (December 29, 1995): Appellant fondled and kissed Maricar’s breasts, removed her shorts and panties, fondled her vagina, and penetrated her. Maricar was 12 years old.
    • Attempted rape (January 1, 1996): Appellant laid Maricar on the sofa, raised her T-shirt, kissed her breasts, attempted intercourse (while both still wearing shorts), but stopped when the mother arrived.
  • Reporting and Investigation
    • Maricar initially kept the incidents secret due to fear of her father.
    • In November 1995, she told her mother.
    • On January 3, 1996, they filed a complaint at Camp Crame on advice of a relative.
    • Medical examination confirmed deep healed hymenal lacerations; Maricar was non-virgin.
  • Defense of the Accused
    • Denied the charges; claimed he worked mostly abroad with limited presence in the Philippines.
    • Asserted alibis and presence of other people at home during alleged incidents.
    • Argued that Maricar could have engaged in sexual intercourse with another man, hence he should not be automatically presumed responsible.
    • Relied on a Compromise Agreement and an Affidavit of Desistance executed by Maricar, allegedly influenced by her mother.
  • Trial Court Findings
    • Credited the testimony of complainant for spontaneity, detail, and consistency.
    • Found delay in reporting reasonable due to fear and moral ascendancy of appellant over child.
    • Disregarded Compromise Agreement and desistance affidavit for lack of legal assistance and repudiation by Maricar.
    • Convicted appellant of two counts of rape and one count of attempted rape; imposed penalty of reclusion perpetua, death, and prision correccional, respectively; ordered payment of damages.
  • Court of Appeals
    • Affirmed conviction with modifications in damages, specifically separate awards of civil indemnity, moral damages, and exemplary damages for each count.
    • Certified appeal on death penalty charge to Supreme Court.

Issues:

  • Whether the prosecution evidence overcame the presumption of innocence of the accused.
  • Whether the voluntary and due execution of the affidavit of desistance by the complainant should have been considered to cast doubt on the prosecution’s charges and warrant dismissal or acquittal.
  • Whether the complaint for attempted rape was sufficient in form and substance to support conviction.
  • Proper penalties and awards of damages for the crimes charged.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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