Case Digest (G.R. No. 174474)
Facts:
People of the Philippines v. Leodegario G. Gregorio, Jr., G.R. No. 174474, May 25, 2007, Supreme Court First Division, Garcia, J., writing for the Court. The prosecution charged Leodegario G. Gregorio, Jr. (accused-appellant) with two counts of rape of his daughter, identified by fictitious initials XXX, alleging one offense on September 18, 1998 (Criminal Case No. 7836) and another on July 27, 2000 (Criminal Case No. 7835). XXX was a minor (12 at the time of the first incident; 14 at the second). Appellant pleaded not guilty at arraignment on December 20, 2000.A joint trial was conducted before the Regional Trial Court (RTC), Branch 3, Balanga, Bataan. The prosecution presented the testimony of the victim, Dr. Wynne Gubuan (examining physician), Eugenio Oquindo and Estrella Tuazon (victim’s aunt). The defense presented appellant, his common-law wife Marlene Gregorio, his cousin Gloria Mendoza, Medardo Dapitan (who claimed appellant was fishing during the July 27, 2000 incident), and Joseph Nojadera. Medical examination of XXX occurred on September 19, 2000.
By Judgment dated August 19, 2003, the RTC convicted appellant of two counts of rape, qualified under the Death Penalty Law, and sentenced him to death; it also ordered civil indemnity, moral and exemplary damages and forwarded the record for automatic review to the Supreme Court under Rule 122, Sec. 10. Pursuant to People v. Mateo, the Court earlier referred the case to the Court of Appeals (CA) for disposition; the CA, in CA-G.R. CR-H.C. No. 01978, rendered a decision on May 23, 2006 affirming conviction but reducing the penalty to reclusion perpetua because the Informations failed to properly allege appellant’s relationship to the victim as a qualifying circumstance. The CA also modified the monetary awards.
The case returned to the Supreme Court on automatic review. The Court required supplemental briefs (Resolution, Dec. 6, 2006). The Office of the Solicitor General (OSG) informed the Court it would not file a supplemental brief (Ma...(Pro-only)
Issues:
- Was the conviction supported by proof beyond reasonable doubt, particularly given appellant’s challenge to the credibility of the victim (credibility/alleged fabrication, alibi and medical evidence)?
- May the death penalty be imposed where the Informations did not properly allege the qualifying circumstance of relationship between offender and victim?
- Are the awards of civil indemnity, moral and exemplary...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)