Case Digest (G.R. No. L-36359)
Facts:
Appellant Alexander Mangitngit was convicted by the Regional Trial Court of Palawan and Puerto Princesa City, Branch 49 (Joint Decision dated 4 January 2002) of raping his daughters BBB and CCC, who were born on 11 May 1984 and 6 March 1986, respectively, for incidents charged as occurring on 21 January 1999 (Criminal Case No. 14972) and 29 January 1999 (Criminal Case No. 14973). The RTC imposed the death penalty in each case under R.A. 7659 and R.A. 8353, and awarded moral damages of P75,000.00 each; the case was elevated for automatic review.On appeal, the Court of Appeals (Decision dated 14 November 2005) sustained the convictions, held that the minority and relationship were sufficiently alleged and proven, and awarded additional amounts of P75,000.00 as civil indemnity ex delicto and P25,000.00 as exemplary damages. The Supreme Court affirmed the conviction but modified the penalty and damages.
Issues:
- Whether the RTC and the Court of Appeals correctly found appellant gu
Case Digest (G.R. No. L-36359)
Facts:
- Initiation of automatic review and conviction by the Regional Trial Court
- The case reached the Supreme Court on automatic review of the Joint Decision dated 4 January 2002 of the Regional Trial Court of Palawan and Puerto Princesa City, Branch 49.
- The Regional Trial Court convicted appellant Alexander G. Mangitngit of raping his daughters BBB and CCC, who were aged fifteen (15) and twelve (12), respectively.
- The dispositive portion ordered, in each case, the imposition of the death penalty pursuant to R.A. 7659 and R.A. 8353, and the payment of moral damages of P75,000.00 for each victim.
- The dispositive portion directed transfer of appellant to the National Penitentiary at Muntinlupa, Rizal and transmission of the records to the Supreme Court within the specified period.
- Criminal charges and arraignment
- Appellant was charged with three (3) counts of rape by Informations:
- Criminal Case No. 14971: rape of AAA (not the subject of the automatic review narrative), alleged around midnight in May 1993, with lewd design and by force, threat, and intimidation.
- Criminal Case No. 14972: rape of BBB alleged on or about 21 January 1999 at around 4:00 o’clock in the morning, with force, threat, and intimidation.
- Criminal Case No. 14973: rape of CCC alleged on or about 29 January 1999 at around 2:00 o’clock in the morning, with force, threat, and intimidation.
- Appellant was arraigned on 17 May 1999.
- Appellant entered a plea of not guilty to all three counts of rape, assisted by counsel de oficio.
- Dismissal of one count and joint trial of the remaining two cases
- In Criminal Case No. 14971, the private complainant AAA repeatedly failed to appear despite due notice.
- Appellant moved for dismissal invoking the right to speedy trial.
- The trial court granted dismissal through an Order dated 15 May 2000.
- The trial court proceeded with joint trial on the merits for Criminal Cases Nos. 14972 and 14973.
- Victims’ identities, birth dates, and ages at time of incidents
- BBB was born 11 May 1984.
- CCC was born 6 March 1986.
- BBB testified that she was fourteen (14) years and eight (8) months old at the time of the incident.
- CCC testified that she was twelve (12) years and ten (10) months old at the time of the rape.
- Prosecution evidence in Criminal Case No. 14972 (rape of BBB)
- BBB testified that at around 4:00 o’clock in the morning of 21 January 1999, she and three siblings were sleeping on the floor in a room of their house in xxx.
- Their mother had left the previous day for the family farm, about an hour’s walk away.
- BBB felt someone touching her, awakened, and saw appellant touching her.
- BBB tried to shout but could not because appellant held her neck with both hands.
- Appellant removed BBB’s short pants and panty using one hand.
- Appellant removed his own short pants and brief, inserted his penis into BBB’s vagina, and warned her not to report the incident otherwise he would kill her.
- While his penis was inside her, appellant made “push and pull” movements.
- BBB cried due to excruciating pain.
- After satisfying himself, appellant left her.
- BBB continued to cry, with her vagina hurting and oozing a little blood.
- After appellant left for the farm, BBB went to AAA’s house to report the incident.
- AAA advised BBB to proceed to their aunt DDD’s house in xxx.
- BBB learned later that she was still in xxx when she knew of appellant’s arrest on 30 January 1999 for the rape of her younger sister CCC.
- BBB disclosed her own ordeal to her mother, uncle, and siblings.
- BBB reported the matter to the police.
- On 4 February 1999, BBB, CCC, AAA, and their mother went to the National Bureau of Investigation where sworn statements were taken.
- Prosecution evidence in Criminal Case No. 14973 (rape of CCC)
- CCC testified that at around 2:00 o’clock in the morning of 29 January 1999, with their mother at the family farm, she slept alongside her brother on the floor in one room in their house in xxx when appellant arrived.
- Appellant positioned the brother away from CCC, cleared his throat, and stayed near her.
- CCC moved away in fear and tried to cover herself with a blanket.
- Appellant asked why she was afraid; without awaiting response, appellant embraced her and began to pull down her panty.
- CCC resisted and tried to pull up her panty but failed.
- Appellant was now naked, held CCC’s hands, and inserted his penis into her vagina.
- When CCC complained of pain, appellant pulled out his penis but inserted it again.
- While ravishing her, appellant warned CCC not to report otherwise he would kill her.
- CCC felt something come out of appellant’s penis into her vagina.
- CCC felt pain and felt something ooze out, and after appellant removed his penis, she stood up and attempted to identify the cause of the wetness in her panty, which she discovered in the morning was blood.
- CCC declared she was certain it was her father who raped her.
- The room was dark and the house had no electricity, but moonlight streamed through holes of the sawali wall, enabling CCC to see the person near her.
- CCC recognized appellant’s voice when he cleared his throat and when he spoke to her.
- The next day, while appellant was still asleep, CCC went to the family farm to fetch her mother and report the incident.
- CCC’s mother cried after hearing CCC’s suffering.
- With a relative, CCC’s mother reported the matter to the barangay captain and later both went to the Marine soldiers to have appellant arrested.
- Medical evidence
- Dr. Renee A. Argubano examined BBB and CCC on 3 February 1999 and testified on findings.
- Dr. Argubano found a laceration on BBB’s hymenal ring at the 3 o’clock position.
- Dr. Argubano found lacerations on CCC’s vagina at the 3 o’clock and 9 o’clock positions.
- Dr. Argubano explained that the sisters’ clean-cut lacerations were old and already healed and could have been caused by insertion into the vagina of an object, most possibly a penis.
- Dr. Argubano testified that lacerations of such nature normally heal in three (3) to five (5) days, depending on one’s immune system.
- Dr. Argubano issued medico-legal certificates containing his findings.
- The trial court admitted documentary evidence consisting of:
- Medico-legal certificates for BBB and CCC.
- Photocopies of birth certificates of BBB and CCC.
- Sworn statement of BBB.
- Defense evidence and appellant’s version
- Appellant testified as lone witness in his defense.
- Appellant denied raping BBB and CCC on the respective dates.
- Appellant claimed that on those dates he was at his farm in xxx, about thirty (30) minutes away from the family house.
- Appellant asserted that he stayed and slept at the farm to attend to animals and crops and slept at the family house only once in two months or not at all, except when his wife told him to.
- Appellant claimed he visited the family house in January 1999 only once, on the 17th of the month.
- Appellant stated that upon arriving on 17 January, he saw cigarette butts and asked his children who had slept there.
- When apprised that friends slept there whenever they watched television, appellant told them to stop or he would hit them.
- Appellant also stated that he learned from CCC that BBB went out; he ordered CCC to tell BBB she would “get it” from him upon her return.
- Appellant left for the farm and claimed he did not visit the family house thereafter.
- Appellant claimed he did not see BBB and CCC since.
- Appellant asserted that he re...(Subscriber-Only)