Title
Supreme Court
People vs. Hermanes
Case
G.R. No. 139416
Decision Date
Mar 12, 2002
A stepfather raped his 10-year-old stepdaughter, leading to a conviction for simple rape and reclusion perpetua due to insufficient allegations for the death penalty.

Case Digest (G.R. No. 197252)
Expanded Legal Reasoning Model

Facts:

Incident Details: On November 2, 1995, at around 10:00 PM, in Barangay Maligaya, Sta. Rita, Samar, appellant Ernesto Hermanes, the stepfather of the 10-year-old complainant Marina Hermanes, allegedly raped her inside their house. Marina claimed that appellant undressed her, placed himself on top of her, and inserted his organ into her vagina, causing her pain. After the act, appellant left to attend to his carabao.

Complainant’s Background: Marina, who was living with her stepfather and his wife since she was two years old, reported the incident to Kagawad Soltero Salubre the following day. She was subsequently brought to the Department of Social Welfare and Development (DSWD) and placed in the Lingap Center for Girls in Palo, Leyte.

Medical Examination: On November 4, 1995, Marina was examined by Municipal Health Officer Dra. Rusela Grapa, who found fresh hymenal lacerations consistent with recent sexual intercourse.

Legal Proceedings: Appellant initially pleaded not guilty but later changed his plea to guilty. However, he later withdrew the guilty plea, and the case proceeded to trial. The defense failed to present evidence despite multiple opportunities, leading the trial court to consider the case submitted for decision.

Trial Court’s Decision: The trial court convicted appellant of rape and sentenced him to death, recommending executive clemency. The case was elevated for automatic review.

Issues:

  • Whether appellant’s conviction for rape is valid.
  • Whether the death penalty was properly imposed given the circumstances.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

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