Case Digest (G.R. No. 126149)
Facts:
People of the Philippines v. Dionisio Lozano, G.R. No. 126149, December 07, 2001, Supreme Court First Division, Ynares‑Santiago, J., writing for the Court.The People of the Philippines (plaintiff‑appellee) charged Dionisio Lozano (accused‑appellant) by Information with the rape of his twelve‑year‑old neighbor, Cynthia L. Lardizabal, allegedly committed on the morning of August 29, 1993, in Tagudin, Ilocos Sur. Upon arraignment the accused pleaded not guilty. Trial was conducted before the Regional Trial Court (RTC) of Tagudin, Branch 25.
At trial the victim testified that at about 7:00 a.m. on August 29, 1993 she woke to find the accused on top of her; he allegedly threatened to kill her family if she cried out, inserted his middle finger and then his penis into her vagina, and left her crying. Her grandparents observed her crying and the blood‑stained water as she washed her panties. A medical examination by Dr. Maria May Grace Doromal on September 8, 1993 found old healed lacerations of the hymen and that the victim was in a non‑virgin state; no spermatozoa were reported.
The RTC found the accused guilty and rendered a judgment (dated April 2, 1996) sentencing him to “reclusion perpetua or imprisonment for life” and ordering payment to the victim of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P50,000.00 “for counsel of victim.” The accuse...(Pro-only)
Issues:
- Did the lower court err in disregarding the accused’s defenses of denial and alibi?
- Was the conviction properly based on the credibility of the prosecution witnesses and the evidence, including whether force or intimidation was shown despite ...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)