Case Digest (G.R. No. 132146)
Facts:
People of the Philippines v. Dante Gaufo y Dilao, G.R. No. 132146, March 10, 2004, the Supreme Court En Banc, Sandoval‑Gutierrez, J., writing for the Court.
The criminal information charged Dante Gaufo y Dilao (appellant) with having, on or about February 6, 1994 in Las Piñas City, by means of force and intimidation, willfully, unlawfully and feloniously had carnal knowledge of Imee Comandao, a ten‑year‑old minor female. Appellant pleaded not guilty at arraignment and trial on the merits followed in the Regional Trial Court (RTC), Branch 255, Las Piñas City.
At trial, Imee Comandao testified that appellant, whom she knew as “Kuya Dante,” enticed her to ride his bicycle, led her to a grassy vacant lot, struck her with a piece of wood when she tried to leave, punched her abdomen until she lost consciousness, and that when she regained consciousness she was bleeding from her genitalia and not wearing underwear. Bystander Nonito Dagohoy testified that he found appellant naked on top of Imee, observed appellant beating her, and later saw appellant’s brief smeared with blood; he and others seized and tied appellant until police arrived. Imee’s father corroborated that his daughter told him appellant inflicted her injuries. The police recovered from the scene appellant’s bloodstained brief, bicycle, ball cap, sunglasses, and Imee’s slippers. Medico‑legal Officer Dr. Ludivino Lagat examined Imee and reported fresh hymenal lacerations and other injuries compatible with the alleged date of infliction; he opined the hymenal tear could have been caused by penetration by an erect penis.
Appellant denied the charge, claiming he found Imee unconscious, was assaulted by bystanders, and that his bloodstained brief was smeared with Imee’s blood by others. On January 5, 1998 the RTC convicted appellant of statutory rape and sentenced him to death, ordered payment of P50,000 civil indemnity, and costs.
Because the RTC imposed the death penalty, the case was subj...(Subscriber-Only)
Issues:
- Did the prosecution prove beyond reasonable doubt that appellant committed rape?
- Did the prosecution prove that the victim was under twelve years of age so as to establish statutory rape?
- Was the imposition of the death penalty proper where the Information did not allege any qualifying or ag...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)