Facts:

The case revolves around the appeal of Clementino Lou y Galindo, who was found guilty of rape by the Regional Trial Court, Branch 6 in Prosperidad, Agusan del Sur, on November 9, 2000. The appellant was accused of raping his stepdaughter, Elgie S. Bulaquea, who was 15 years old at the time of the incident. The purported crime occurred at midnight on April 22, 1996, in their residence in Bayugan III, Rosario, Agusan del Sur. The Information filed against Galindo detailed how he allegedly took advantage of his stepdaughter's vulnerability and used force and intimidation to engage in sexual intercourse against her will. During the trial, the prosecution asserted that Elgie had been molested multiple times, providing three separate instances of abuse. The defense countered by claiming that Galindo was at home with others during the time of the alleged assault and insisted that the incident was fabricated due to personal grievances. The trial court ultimately pronounced Galindo g

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Facts:

Incident Details:

• On April 22, 1996, at around midnight, Elgie S. BulaqueAa, a 15-year-old girl, was asleep in her house in Bayugan 3, Rosario, Agusan del Sur.
• She was awakened by the appellant, Clementino Lou y Galindo, her stepfather, who lifted her skirt, removed her panty, and attempted to insert his penis into her vagina.
• Despite her resistance and movements, appellant partially succeeded in penetrating her. Elgie cried but did not report the incident to her mother due to fear of appellant’s threat to kill her.

Medical Examination:

• On April 24, 1996, Dr. Rebecca R. Aquino examined Elgie and found healed lacerations at the 3 and 8 o’clock hymenal positions. However, there were no abrasions, hematoma, or contusions.
• Dr. Aquino stated that the lacerations could have been caused by sexual intercourse, medical instrumentation, menstruation, or severe physical exertion.

Legal Proceedings:

• On April 25, 1996, Elgie, assisted by her mother, filed a complaint for rape against appellant, alleging three counts of rape. However, the Provincial Prosecutor filed an information charging only one count of rape, specifically the incident on April 22, 1996.
• Appellant pleaded not guilty during arraignment and claimed that he had only mauled Elgie after finding her in bed with two other men, Marlon Ayaton and Rosendo Barrios.

Trial Court Decision:

• The trial court found appellant guilty beyond reasonable doubt of rape and imposed the death penalty, along with a civil indemnity of P50,000.00.

Issue:

1. Whether the trial court erred in finding appellant guilty beyond reasonable doubt of rape.
2. Whether the trial court erred in imposing the death penalty on appellant.

Ruling:

• (Subscriber-Only)

Ratio:

• (Subscriber-Only)

Conclusion:

The Supreme Court affirmed the conviction of appellant for simple rape but modified the penalty to reclusion perpetua. The Court also awarded moral damages in addition to civil indemnity, emphasizing the importance of credible testimony and the proper application of legal standards in rape cases.