Case Digest (G.R. No. 177822)
Facts:
People of the Philippines v. Hilario Opong y Tanesa, G.R. No. 177822, June 17, 2008, Supreme Court Third Division, Chico‑Nazario, J., writing for the Court. The prosecution below was the People of the Philippines; the accused‑appellant was Hilario Opong y Tanesa, charged with two counts of rape.On 23 June 1999 two informations were filed in the Regional Trial Court (RTC), Davao City (Criminal Cases Nos. 43,381‑99 and 43,382‑99), accusing the appellant of having, by force and intimidation, carnal knowledge of AAA, then 15 years old, on or about 2 May 1999 and on or about 9 May 1999. The cases were consolidated; appellant pleaded not guilty at arraignment on 26 November 1999 and trial on the merits followed.
The prosecution offered the testimony of AAA (the victim), Dr. Danilo Ledesma (medico‑legal officer), and PO2 Jocris Sarenas, and introduced a medico‑legal report (Exhibit A) and AAA’s birth registration (Exhibit B). AAA recounted that on 2 May 1999 and again on 9 May 1999 the appellant forcibly entered her employer’s quarters at Camp Catitipan, covered her mouth, threatened to kill her, removed her underwear, placed himself on top of her, and repeatedly inserted his penis into her vagina, causing pain; she said she did not immediately report the incidents because the appellant had threatened her and he was frequently near her quarters. Dr. Ledesma examined AAA and reported an intact but distensible hymen that admitted a 2.5 cm tube and concluded that an average erect male organ could penetrate without causing hymenal injury.
The defense presented appellant’s denial, testimony of a barangay captain (Evangeline Wilson) attesting to appellant’s good character, and of Supt. Palawan Macadingdang (the employer) who confirmed AAA’s employment and that he was later informed of the incidents. The RTC, Branch 17, rendered judgment on 19 July 2000 convicting appellant of two counts of simple rape and sentenced him to reclusion perpetua for each count, plus P50,000 civil indemnity, P50,000 moral damages, and P50,000 exemplary damages for each count. Appellant filed notice of appeal; on 14 August 2000 the RTC forwarded the records to the Supreme Court for review. The Supreme Court, by resolution dated 9 March 2005, remanded the case to the Court of Appeals for proper disposition pursuant to People v. Mateo. The Court of Appeals affirmed the RTC in a decision promulgated 25 Octo...(Subscriber-Only)
Issues:
- Did the trial court err in giving full credence to the testimony of the minor complainant despite the medico‑legal finding of an intact hymen?
- Was the conviction of appellant for two counts of rape supported by proof beyond reasonable doubt?
- Were the acts of appellant consummated rape ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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