G.R. No. 135511-13 - People vs. Mariano y Exconde

The case is on automatic review of the decision of the Regional Trial Court, San Pablo City, Branch 32, which originally found accused Enrico Mariano y Exconde guilty beyond reasonable doubt of three counts of rape against his daughter, Jenalyn F. Mariano.
The trial court sentenced the accused to death for each count and ordered him to pay the victim P500,000.00 as moral and exemplary damages.
The charges were anchored on a sworn statement of the victim alleging that her father attempted to rape her on three separate occasions.

Occurred a few weeks after Jenalyn’s mother left for London.
The victim, then 10 years old, was at home in a rented house in Block 14, Lot 24, NHA, Barangay Sto. Angel, San Pablo City with her brother.
Accused, intoxicated and irritated, called both children to drink gin, ordered them to sleep in the living room (sala), and later, while the victim slept, approached her naked.
He attempted to insert his penis into her vagina but could not achieve penetration, resorting instead to masturbate.
Jenalyn experienced physical pain and fear, yet did not report the incident immediately due to intimidation and fear of further violence.

Occurred while Jenalyn was residing at her aunt Sonia M. Flor’s house at Block 14, Lot 27, NHA, Barangay Sto. Angel, San Pablo City.
Accused, again under the influence of alcohol, was also staying at the residence.
He ordered Jenalyn to sleep in the extension room at the back of the aunt’s house.
During the act, he removed his pants, used a knife as a threat, and tried to force his penis into her vagina, but was again unsuccessful in achieving penetration.
The assault ended with the accused masturbating after being unable to penetrate the victim.

Occurred in the extension room of the same house where Jenalyn was staying with her aunt and cousins, who were watching television at the time.
Accused returned home after a drinking spree, summoned Jenalyn with a whistle, and instructed her to lie down.
He removed her pants and panty and, while carrying a knife placed on a cabinet, attempted to insert his penis into her vagina.
The victim felt that “something had been broken” due to the force; however, the act did not result in effective penetration and instead ended with the accused masturbating.
Following this incident, Jenalyn confided in her maternal aunt, who then brought her to the police.

On September 16, 1997, the accused was arraigned and pleaded “not guilty” to all counts.
The prosecution’s case relied predominantly on:

The victim’s detailed and consistent testimony across the three incidents.
Corroborative testimonies from other witnesses including an uncle and a medical doctor.
A medico-legal report which, while noting old healed lacerations in Jenalyn’s vagina, indicated these injuries could have alternative causes (e.g., accidental trauma or excessive exercise).

The accused’s assertion of an alibi, claiming he was not present in San Pablo City during the alleged incidents.
Testimony from his relative, Sonia Flor, which corroborated his whereabouts during the involved periods.

Despite these defenses, the trial court convicted the accused for consummated rape, basing its findings primarily on the victim’s testimony.

The higher court, upon automatic review, scrutinized the evidence regarding the actual occurrence of penetration.
It concluded that while the accused attempted to commit rape, there was no proof of consummated rape as defined under the law, since the act did not result in penile penetration of the vagina.

Whether the evidence is sufficient to establish that the accused committed consummated rape versus attempted rape.

If the victim’s testimony and available evidence, aside from mere “stroking” of the victim’s external genitalia, demonstrate the necessary element of penetration as required for consummated rape.

The appropriateness of awarding P500,000.00 as moral and exemplary damages as opposed to the prevailing standards which suggest a lower amount for attempted rape cases.