Case Digest (G.R. No. 133695)
Case Digest (G.R. No. 133695)
Facts:
People of the Philippines v. Daniel Mauricio y Perez, G.R. No. 133695, February 28, 2001, the Supreme Court En Banc, Bellosillo, J., writing for the Court. Accused-appellant Daniel Mauricio y Perez was charged with rape and attempted rape of his daughter Jonalyn Mauricio y Geotina, a minor born 16 June 1986.Jonalyn lived intermittently with her paternal grandparents while her parents separated. Beginning when she was a child, Daniel allegedly raped and molested her on multiple occasions in the grandparents' boarding-house/eatery and later in a house in Welfareville Village, Pasig City. Jonalyn later described repeated episodes of penetration, fondling, and one instance in July 1997 when her father spread her legs and inserted his penis. She finally reported the abuse after an incident on 16 August 1997, when Daniel carried and threw her on a bed, apologized, and urged her not to tell anyone. Jonalyn sought help from neighbors and Bantay Bata, underwent a medico-legal examination, and gave statements to police.
On 8 September 1997 the City Prosecutor of Mandaluyong filed two Informations: one charging rape sometime in August 1997 or prior thereto, alleging the victim was eleven years old; the other charging attempted rape on or about 16 August 1997. Medico-legal findings by Dr. Dennis Belin recorded a healed hymenal laceration and a non-virgin physical state; he opined limited sexual experience but acknowledged the possibility that the lesion might have other causes.
At the Regional Trial Court, Branch 214, Mandaluyong City, the trial court credited Jonalyn’s straightforward, emotional testimony and the medico-legal evidence, convicted Daniel of rape and sentenced him to death, and found him guilty of attempted rape with a term of 17 years, 4 months and 1 day to 20 years reclusion temporal maximum; it also awarded P50,000 moral damages and P30,000 exemplary damages, but failed to award civil indemnity ex delicto.
The case was brought to the Supreme Court by appeal. The Solicitor General and defense counsel both asked the Court to modify the death penalty to reclusion perpetua. The Court reviewed the trial record, the Informations’ allegations, pertinent statutes and precedents, and the newly effective Revised Rules of Criminal Procedure in assessing aggravating circumstance pleading requirements.
Issues:
- Did the omission of the precise date of the alleged rape in the Information deprive accused-appellant of due process?
- Can accused-appellant be lawfully sentenced to death when the Information alleged the victim’s minority but failed to allege the special relationship (parent) required under the death-penalty provision for rape?
- Is there sufficient evidence to sustain the conviction for attempted rape charged on or about 16 August 1997?
- Were the awards of moral, exemplary damages and civil indemnity properly granted?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)