Case Digest (G.R. No. 140635)
Case Digest (G.R. No. 140635)
Facts:
The People of the Philippines v. Mario Terrible y Ona, G.R. No. 140635, November 18, 2002, the Supreme Court En Banc, Corona, J., writing for the Court.The prosecution charged Mario Terrible y Ona (appellant) with rape under paragraph 2 of Article 266-A and penalized under Article 266-B of the Revised Penal Code as amended by Republic Act No. 8353. The information alleged that on or about November 2, 1998, at Aquino Compound, Barangay San Cristobal, Calamba, Laguna, appellant inserted his penis into the mouth of his six‑year‑old daughter, Katherine Terrible, against her will.
The factual narrative stems principally from the victim's testimony, that of her mother Gina Terrible, and the medico‑legal findings of Dr. Felimon Raymond P. Guerra III. Katherine testified to repeated sexual acts by her father, including oral penetration, digital penetration and forcing her to lick his breasts; she identified the date (November 2, 1998), the place (their room), and the perpetrator (her father). Gina recounted how Katherine whispered the abuse to her on November 3, 1998 and that family members were informed. Dr. Guerra examined Katherine on November 4, 1998 and found an old genital laceration and redness of the labia minora, which the medico‑legal certificate described as consistent with penetration.
Appellant denied the allegations, asserting an alibi that he was at his father's house in Barrio Banadero, Calamba from November 2 to November 3, 1998; siblings Glecilda and Glen Terrible corroborated this alibi. He also suggested that the charge was concocted by his estranged wife out of jealousy.
The Regional Trial Court, Branch 34, Calamba, Laguna, conducted trial, found the victim’s testimony credible and corroborated by the medical report, convicted appellant of rape and sentenced him to death; it also ordered moral damages of P50,000 (decision dated October 20, 1999). Appellant appealed to the Supreme Court; the record before the Court reflects briefing and arguments culminating in the Court’s decision on November 18, 2002. The Supreme Court reviewed the trial court’s factual findings and the legal consequences of the charging paragraph under Article 266‑A/266‑B.
Issues:
- Did the trial court err in crediting the testimony of the six‑year‑old victim and in finding it credible?
- Was the prosecution's evidence sufficient to establish guilt beyond reasonable doubt?
- Was the trial court correct to reject appellant's alibi?
- Was the imposition of the death penalty proper given that appellant was charged under paragraph 2 of Article 266‑A?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)