Case Digest (G.R. No. 197818)
Facts:
The People of the Philippines v. Ernesto M. Santos, G.R. Nos. 131103 & 143472, June 29, 2000, Supreme Court Second Division, Mendoza, J., writing for the Court.The prosecution (the People of the Philippines) charged accused-appellant Ernesto M. Santos with three sexual-offense counts arising from acts against his daughter Mary Ann Santos (born June 12, 1979). Three informations dated May 20, 1994 alleged: attempted rape on or about February 7, 1994 (Crim. Case No. 94-11359), statutory rape sometime in 1988 when Mary Ann was nine (Crim. Case No. 94-11360), and statutory rape sometime in 1989 when she was ten (Crim. Case No. 94-11361). The cases were consolidated and tried in the Regional Trial Court (RTC), Branch 72, Antipolo, Rizal.
At trial the complainant Mary Ann testified that beginning about 1988 her father had molested and on multiple occasions raped her, describing a 1988 incident in which, while she slept with him on a wooden bed, he covered her mouth, threatened her, undressed her and inserted his penis into her vagina; subsequent rapes purportedly continued through 1989–1994, culminating in an attempted rape on February 7, 1994 when an aunt intervened. Her mother Nilda corroborated the discovery of one episode and later reporting to police. Dr. Rosaline Cosidon, a medico-legal officer, examined Mary Ann on February 14, 1994 and reported healed shallow hymenal lacerations and concluded the subject was “in non-virgin state physically,” while noting no external signs of recent violence and that the lacerations were shallow/healed.
Accused testified only on the attempted-rape charge, denying the February 7, 1994 events and asserting alibi/denial; several relatives testified for him and disputed certain recountings. On July 21, 1997 the RTC convicted accused of two counts of statutory rape (the 1988 and 1989 informations), sentenced him to reclusion perpetua for ea...(Subscriber-Only)
Issues:
- Did the informations charging rape with the description “on or about and sometime in 1988/1989” fail to inform accused of the nature and cause of the accusations and thus render the informations defective?
- Does the long delay in reporting (years between the first alleged rapes and complaint) and gaps in recollection destroy Mary Ann’s credibility and warrant acquittal?
- Do the medical findings (shallow healed lacerations, no recent external signs) negate the prosecution’s proof of rape?
- May the concurrence of minority and paternal relationship be used to impose death under R.A. No. 7659 for rapes committed before th...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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