Case Digest (G.R. No. 137564)
Facts:
People of the Philippines v. Dominador Domended y Velasco, G.R. No. 137564, March 30, 2001, Supreme Court Second Division, Bellosillo, J., writing for the Court.The People charged accused-appellant Dominador Domended y Velasco with rape for an act alleged to have occurred on July 30, 1997 against Lina Casupang, then a 15‑year‑old employee of the accused. The case was tried in the Regional Trial Court (RTC), Branch 272, Marikina City; Judge Reuben P. De la Cruz rendered a Decision convicting the accused on January 4, 1999 and sentencing him to reclusion perpetua and ordering P50,000.00 as indemnity to the victim.
The factual account offered by the prosecution was that on July 24, 1997 the accused fetched Lina from Pangasinan to work at his carinderia in Marikina. On the night of July 30, after closing late, they rode a tricycle to Empress Subdivision; the accused, allegedly intoxicated, forcibly led Lina to a vacant lot, pinned her down, removed her garments, kissed her, inserted his penis into her vagina (despite intermittently being “soft”), and also inserted his finger, after which Lina was able to report the incident to a household member and police the following morning.
At trial, Lina testified in detail to the forcible acts and explained that a prior affidavit to police stating less penetration was untrue because she had been afraid when it was taken. Witness Criselda Alano (sister‑in‑law) corroborated Lina’s disheveled appearance and that Lina told her of the rape. Dr. Emmanuel Reyes, medico‑legal officer, found hymenal lacerations (fresh, healing) and other signs consistent with sexual trauma.
The accused denied rape, testifying that he and Lina voluntarily kissed and caressed each other at a vacant lot and that he refrained from intercourse upon noticing she wore a sanitary napkin; he pointed to alleged ill will from Criselda and later extortion attempts by Lina’s father as motives for filing the case. Other family members testified to an intimate relationship between Lina and the accused, and the accused’s wife submitted evidence of attempted negotiations and alleged demands for money.
The RTC credited Lina’s testimony, found h...(Subscriber-Only)
Issues:
- Are the inconsistencies between the victim’s affidavit and her in‑court testimony fatal to her credibility such that the conviction must be reversed?
- Does the evidence that negotiations for monetary settlement occurred and allegations of extortion by the complainant’s family so taint the prosecution’s case as to vitiate the conviction?
- Was there sufficient evidence to show lack of consent (i.e., did the “sweetheart” or c...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)