Case Summary (G.R. No. 145383-84)
Charges and Trial Proceedings
Three criminal complaints were filed against Edgardo Dimaano: two counts of rape involving his daughter when she was ages 10 and 12, and one count of attempted rape. The appellant pleaded not guilty. Trial ensued, during which the complainant provided detailed testimony regarding the incidents of sexual abuse. Medical evidence confirmed past sexual intercourse consistent with the charges.
Factual Narrative of Sexual Abuse
Maricar Dimaano testified that her father sexually abused her on several occasions inside their home. The first incident occurred when she was 10 years old and involved anal penetration. A subsequent incident occurred days later involving vaginal penetration. Additional assaults occurred on December 29, 1995, and January 1, 1996, involving fondling, kissing, and attempted intercourse, the latter stopped due to the timely arrival of her mother.
Appellant's Defense
The appellant denied the charges, asserting alibis and the presence of others in the home during the alleged incidents. He contended that the complainant’s non-virgin status did not conclusively prove his guilt, suggesting other possible partners. He also argued that the complainant’s failure to immediately report the abuses and subsequent cooperation in public activities undermined her allegations.
Trial Court’s Findings on Credibility
The trial court found the complainant’s testimony to be spontaneous, credible, and consistent. The court acknowledged the delay in reporting as reasonable due to fear and intimidation by the appellant, who exercised moral ascendancy over his daughter. The court disregarded the affidavit of desistance and compromise agreement, noting the complainant was not legally assisted during their execution and that she repudiated these in open court.
Court of Appeals’ Modifications and Certification
The Court of Appeals affirmed the conviction with adjustments to the sentences and awards. It ordered the appellant to pay separate amounts as civil indemnity, moral damages, and exemplary damages for each rape count. The case was certified to the Supreme Court for review as required under the Amended Rules to Govern Review of Death Penalty Cases.
Issues Raised on Appeal
The appellant contested whether the prosecution overcame the presumption of innocence and whether the affidavit of desistance should have affected the prosecution’s course. The Supreme Court emphasized the trial court’s superior position in assessing credibility and rejected the appellant’s arguments.
Assessment of Complainant’s Credibility
The court reaffirmed that testimonies of rape victims, especially minors, merit full weight when untainted by ill motive. The complainant’s detailed narrative, despite her tender age, was deemed truthful and supported by medical findings. Her delay in reporting was justified by fear of her father, and her actions post-assault did not diminish her credibility.
Consideration of Affidavit of Desistance and Compromise Agreement
The affidavit of desistance was found unreliable, particularly because it was executed without legal counsel and contradicted by the complainant’s courtroom testimony. The court highlighted that a private complainant’s desistance is not controlling once the case is filed; prosecution continues as criminal offenses are state concerns.
Legal Standards on Rape and Statutory Rape
The court reiterated that for victims under 12 years old, absence of consent is presumed, rendering proof of force unnecessary. For victims 12 years or older, force or intimidation must be proven. In cases of incestuous rape, the moral and physical dominion of the parent suffices to establish force or intimidation.
Conviction and Sentencing
The trial court’s finding of guilt beyond reasonable doubt was affirmed for the two rape charges. The appellant was sentenced to reclusion perpetua for the 1993 incident (prior to the effectivity of R.A. No. 7659) and to death for the 1995 incident, consistent with the amended law imposing the death penalty with qualifying circumstances. The attempted rape charge was dismissed due to insufficient complaint allegations.
Sufficiency of the Complaint for Attempted Rape
The complaint for attempted rape failed to specify the overt acts constituting the offense, which is a fundamental requirement to inform the accu
...continue readingCase Syllabus (G.R. No. 145383-84)
Nature of the Case and Charges
- The case involves criminal charges against Edgardo Dimaano for multiple counts: two counts of rape and one count of attempted rape, as charged by his minor daughter, Maricar Dimaano.
- The incidents were alleged to have occurred in Parañaque, Metro Manila between 1993 and 1996.
- The first count pertained to an incident in 1993 when the complainant was 10 years old.
- The second count related to an incident on December 29, 1995, when the complainant was 12 years old.
- The attempted rape charge concerned an incident on January 1, 1996.
- The charges were founded on acts of force, intimidation, and non-consensual carnal knowledge within the familial context.
Factual Background and Testimonies
- Complainant, born on August 26, 1983, faced her first sexual abuse at age 10 in 1993 inside their family home.
- Detailed testimony described the appellant forcing anal penetration despite the complainant’s pain and fear, and a subsequent vaginal rape days later.
- The complainant endured multiple sexual assaults by the appellant, including fondling, kissing, and penetration on different occasions up to January 1996.
- The complainant delayed reporting the abuse due to fear of her father’s moral and physical ascendancy and possible harm.
- The testimony included graphic and specific details of the acts, including the appellant’s physical actions and the complainant’s positions and reactions.
- Examination by a medico-legal officer confirmed physical evidence consistent with sexual abuse (deep healed hymenal lacerations and non-virgin state).
Defendant’s Denial and Claims
- Appellant denied all accusations, claiming alibis supported by work schedules and presence of other persons at home during alleged incidents.
- He argued the complainant’s non-virgin state could be due to sexual relations with others her age.
- He pointed to the complainant’s companionship with him to community offices postulated as inconsistent with rape allegations.
- The appellant questioned the voluntariness and validity of the affidavit of desistance, implying coercion in the filing of the charges.
Trial Court Findings and Rulings
- The trial court found the complainant’s testimony credible, spontaneous, and vivid, with no sufficient motive to fabricate charges.
- It viewed the delay in reporting as reasonable and expected under circumstances of fear and abuse by a father.
- The affidavit of desistance and compromise agreement were discounted because they were signed without legal counsel and contradicted earlier testimony expressing the complainant’s intent to pursue the case.
- The court convicted the appellant beyond reasonable doubt of two counts of rape and one count of attempted rape.
- Penalties imposed included reclusion perpetua and the death penalty for rape charges and imprisonment under the Indeterminate Sentence Law for the attempted rape.
- The appellant was ordered to pay civil indemnity and exemplary damage