Case Digest (G.R. No. 134122-27)
Facts:
People of the Philippines v. Pepito Alama Magdato, G.R. Nos. 134122-27, February 07, 2000, the Supreme Court En Banc, Per Curiam. Accused-appellant Pepito Alama Magdato (PEPITO) was charged by information in six consolidated criminal cases (Crim. Nos. 7658–7663, RTC Branch 1, Legazpi City) with multiple counts of rape against his daughter, Cherry Ann Magdato (CHERRY ANN), then age 12. Each information alleged forcible carnal knowledge on specified dates in March–April 1997. The complaints were subscribed by CHERRY ANN and her mother, Rosita Llandelar Magdato.At the trial court, after arraignment and not-guilty pleas, the cases were tried jointly. The prosecution presented the minor victim and Dr. Babelyn Lana (medical examiner). CHERRY ANN testified in detail about six separate incidents of forcible intercourse and identified PEPITO as the perpetrator; Dr. Lana found vaginal lacerations consistent with penile entry. The defense put PEPITO on the stand, who denied the charges and raised alibi and motive-to-fabricate defenses; his witnesses included his son Dennis and two others who claimed PEPITO was elsewhere or that CHERRY ANN attended school on certain dates.
On 5 May 1998, the Regional Trial Court, Branch 1, Legazpi City, found PEPITO guilty beyond reasonable doubt of six counts of rape, sentenced him to death on each count, and ordered him to pay P50,000 (for the “civil aspect”) and P20,000 as exemplary damages per count. The trial court discredited the alibi and defense witnesses and found CHERRY ANN’s testimony credible and corroborated by the medical findings.
Pursuant to Article 47 of the Revised Penal Code as amended by Section 22 of R.A. No. 7659 (death-penalty cases), the judgments were subject to automatic review in the Supreme Court. The Office of the Solicitor General (...(Subscriber-Only)
Issues:
- Was PEPITO’s conviction for six counts of rape proven beyond reasonable doubt?
- Could the death penalty be imposed under Article 335 of the Revised Penal Code as amended by R.A. No. 7659, given the attendant circumstances alleged?
- Were the damages awarded by the trial court proper in amount and nature, or...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)