Case Digest (G.R. No. L-48930-40)
Facts:
People of the Philippines v. Rudelino Lao, G.R. Nos. L-48930-40, July 15, 1985, Supreme Court Second Division, Concepcion, Jr., J., writing for the Court.Accused Rudelino E. Lao (defendant-appellant) was charged by complainant Marina Olaquir with two counts of rape before the Court of First Instance of Cebu: alleged rapes on March 7, 1976 (Case No. DC-0155) and March 19, 1976 (Case No. DC-0156). The two cases were consolidated for trial. The trial court convicted Lao for the March 7 incident, imposing reclusion perpetua, ordering indemnity of P5,000 and declaring him father of the illegitimate child, but acquitted him of the March 19 charge.
The factual account at trial was that on March 7, 1976, the 15‑year‑old complainant was at home with her sleeping 7‑month‑old sister when Lao — a married cousin — came, asked for a match, then allegedly gagged and hit her, forced her down, threatened to kill her if she resisted, and had sexual intercourse with her. On March 19, during a family celebration, the complainant alleged a second similar assault in which she purportedly was gagged, threatened and forced to submit. The complainant did not disclose either incident until after she consulted Dr. Jose Cola on July 29, 1976, who found her six months pregnant; she executed a police affidavit on August 14, 1976.
At trial the complainant’s mother testified that relations between the complainant and the accused remained normal after March 1976 and that she never suspected anything wrong. A letter—purportedly from the accused and expressing remorse—was delivered to the complainant’s mother during trial. The complainant gave birth on October 19, 1976; a disinterested witness described the child as normal. The tri...(Pro-only)
Issues:
- Was the conviction for rape on March 7, 1976 proved beyond reasonable doubt?
- Was there sufficient factual and legal basis to declare the accused the father of th...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)