Facts:
On 5 April 1998, at around 8:00 p.m., in
Barangay Lawaan II, Municipality of Talisay, Province of Cebu, accused-appellant
Alberto L. Mahinay was charged with rape in an
Amended Information alleging that, with lewd design and by means of force and intimidation, he willfully and unlawfully had carnal knowledge of
[AAA], a mentally retarded minor
fifteen (15) years of age,
against her will and consent. Mahinay pleaded
not guilty and the case proceeded to trial in the Regional Trial Court (RTC) of Cebu in
Criminal Case No. CBU-48322, where the prosecution presented
Dr. Susan Casinio, the private complainant
AAA, and her mother
BBB. The prosecution’s version showed that on the evening in question AAA went to the cornfield near her residence to defecate. A neighbor named
Sidra approached AAA and told her that Mahinay wanted to talk to her; Sidra then dragged AAA toward Sidra’s house. Mahinay met them just outside the house and forced AAA inside the kitchen. While inside, Mahinay told AAA that his cousin, Joseph, wanted to court her, and while speaking he started touching her breast, then forced her to lie down, removed her shorts and underwear, and tightened his grip when she tried to break free. Mahinay threatened to kill her, preventing her from shouting, after which he raped her. AAA later went home, and at around 11:00 p.m. BBB arrived but AAA did not tell her mother because she feared Mahinay would kill her. Only on 10 April 1998, five days later, BBB learned of the incident when informed by a barangay tanod named Belbin. BBB brought AAA to
San Vicente Sotto Memorial Medical Center, where Dr. Nueva Tagalogin examined AAA and noted an incomplete healed laceration at the
eight (8) and
five (5) o’clock positions. The defense denied the occurrence of rape and presented Mahinay,
Rose Rabadon (Sidra’s neighbor), and
Rosalina Aboyme (Sidra’s daughter). Mahinay testified that on 5 April 1998 he was at his aunt
Remedios Lauron’s house and was unable to talk to AAA that night. He claimed he learned of the accusation only after his mother told him he was being accused of impregnating AAA on 10 April 1998; he said BBB attempted to strike him with a piece of wood and later he was advised to stay in his father’s house in Tabunok because BBB requested intercession from her relatives. He asserted that he discovered the rape charge only when he was arrested on 11 March 1999 near the bridge of Tabunok. He added that the complainant’s family had animosity with his family based on prior incidents, that BBB and his mother had a conflict regarding vending space, and that AAA once told Rabadon that her stepfather raped her. The RTC rendered its judgment on 14 January 2000 finding Mahinay guilty of rape and imposing
reclusion perpetua with
civil indemnity and
moral damages. On appeal, the Court of Appeals (CA) in
CA-G.R. CR H.C. 00172 affirmed the conviction with modification only as to damages, ordering payment of
P50,000.00 as moral damages, and the case reached the Supreme Court for review through the instant appeal.
Issues:
Was the evidence sufficient to prove beyond reasonable doubt that accused-appellant
Alberto L. Mahinay committed the crime of
rape against
AAA, considering his denial, alibi, alleged lack of sufficient resistance, and the complainant’s delay in reporting the incident?
Ruling:
Ratio:
Doctrine: