Case Digest (G.R. No. 130522)
Facts:
People of the Philippines v. Rolando Pagdayawon, G.R. No. 130522, February 15, 2001, the Supreme Court En Banc, Per Curiam, decided the case on automatic review. The accused-appellant, Rolando Pagdayawon, a policeman, was charged by information with statutory rape under Article 335, par. 3 of the Revised Penal Code as amended by R.A. No. 7659. The prosecution complaint was filed by the victim, Lori Pagdayawon, the accused’s stepdaughter.On September 20, 1996 Lori, then eleven years old, filed a sworn complaint alleging repeated sexual molestation by the accused beginning when she was about nine years old and culminating on September 16, 1996 at the family home in Davao City. Lori testified at trial that the accused locked the room, threatened her with a gun, kissed her, and inserted his penis into her vagina. A medical examination two days later by Dr. Danilo Ledesma showed an old deep hymenal laceration more than four months old.
The defense denied the charge, presenting a medical certificate claiming sexual impotence/sterility of the accused and witnesses who sought to impugn Lori’s truthfulness and reputation. The defense also alleged that Lori’s mother fabricated the charge to be rid of the accused. The trial court, however, found the accused guilty beyond reasonable doubt and sentenced him to death, ordering civil indemnity of P50,000 (judgment penned by Judge Wenceslao E. Ibabao). The case was automatically reviewed by the Supreme Court.
On appeal to the Court (automatic review), the accused argued insufficient proof of the victim’s age and challenged aspects of the victim’s account. The trial court’s factual findings—particularly the credibility of the young victim, corroboration by her mother and by a baptismal certificate indicating birth on February 24, 1985, and the existence of force or intimidation—were upheld by the Court. The Cour...(Subscriber-Only)
Issues:
- Was the prosecution able to prove beyond reasonable doubt that the accused committed rape?
- Was the victim’s age (below twelve years) sufficiently established for conviction of statutory rape under Article 335 as amended by R.A. No. 7659?
- Was the imposition of the death penalty proper under R.A. No. 7659 given the atte...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
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Doctrine:
- (Subscriber-Only)