G.R. No. 134122-27 - People vs. Magdato

Case Summary (G.R. No. 134122-27)

Factual Background

The prosecutions’ evidence rested mainly on Cherry Ann’s testimony, which narrated six separate rapes committed by Pepito in the family home at Barangay Gabawan, Municipality of Daraga, Province of Albay, during morning and afternoon hours in March and April 1997.

In the rape alleged to have occurred on 11 March 1997 at about 9:30 a.m., Cherry Ann, then twelve years old, was playing outside with her one-year-old brother. Pepito called her upstairs, made her sit and study, and then approached her while looking at a neighbor. He grabbed her left arm, covered her mouth when she tried to shout, and held her by the waist. He undressed, removed her skirt and panty after physical struggle, forced her to sit on a covered drum, and then inserted his penis into her vagina, causing excruciating pain. Pepito threatened to kill her if she told her mother. Rosita was not in the house at the time, but almost four hours later she noticed a bloodstain on the bedroom floor.

In the rape alleged to have occurred on 24 March 1997 at about 2:00 p.m., Cherry Ann and her one-year-old brother were in the kitchen. Pepito approached, caressed her back, closed the windows and the door after Cherry Ann attempted to escape, and then undressed both himself and Cherry Ann. He forcibly removed her panty, inserted his penis into her vagina, and after the intercourse wiped a white substance from his penis and warned her not to tell anyone under threat of death. Again, Rosita was not present when the incident occurred.

In the rape alleged to have occurred on 26 March 1997 at about 9:30 a.m., Cherry Ann was in the kitchen cooking vegetables, with her one-year-old brother in the house. Pepito held her from behind, forced her to sit on a bamboo bench, pushed her down, pinned her thighs, and inserted his penis into her vagina despite her attempts to resist and shout. Cherry Ann reported excruciating pain. She later saw Pepito wipe a whitish substance from his penis. Rosita was not in the house at that time, although on one occasion when Pepito was not around Cherry Ann told her mother about the rapes. Rosita instructed her to “ignore” what had happened, with the explanation that they would file a case in the next occurrence.

In the rape alleged to have occurred on 3 April 1997 at about 10:00 a.m., Cherry Ann was again in the kitchen cooking vegetables with her one-year-old brother in the house. Pepito approached, made her sit on a bamboo bench, pulled down her shorts and panty, pushed her down on her shoulders, and sat on top of her. He inserted his penis into her vagina, and Cherry Ann felt excruciating pain and saw a whitish substance come out of Pepito’s penis. Rosita was not in the house, and Cherry Ann did not report this rape to her mother because Pepito was always around when Rosita was present.

In the rape alleged to have occurred on 5 April 1997 at about 9:00 a.m., Cherry Ann was cooking rice and later played while her brothers were in the house and Pepito watched. Pepito embraced her, made her sit on a chair, removed his own shorts and her shorts, kissed her neck, sat on top of her, and then inserted his penis into her vagina with a push-and-pull movement. Cherry Ann cried from pain. After the intercourse, she saw whitish fluid come from Pepito’s penis.

In the rape alleged to have occurred on 10 April 1997 at about 10:00 a.m., Cherry Ann was washing dishes inside the home while her younger brothers were present. She thought Pepito was outside. When she turned around, Pepito was staring at her. He pulled her by the shoulders, caressed her, pushed her to a chair, covered her mouth when she tried to shout, undressed both herself and himself, sat on her legs, and inserted his penis into her vagina. She felt excruciating pain and cried. After intercourse, Pepito wiped her vagina. Cherry Ann reported the rapes to her mother.

The prosecutions evidence also included the circumstances of discovery and reporting. Rosita brought Cherry Ann to the Daraga Police Station at the earliest possible time on 18 April 1997, and they lodged six complaints for rape. Cherry Ann was investigated by the police and executed a sworn statement dated 18 April 1997 implicating her father.

Forensic corroboration came from medical examination. On 21 April 1997, a social worker from the Department of Social Welfare and Development (DSWD) brought Cherry Ann to the Daraga Rural Health Unit. Dr. Babelyn Lana examined her and found lacerations on her sex organ at the four o’clock and seven o’clock positions, and redness at the lateral aspect of the labia minora. Dr. Lana disclosed that the lacerations could have been caused by entry of the male organ into the female organ and by a single or series of sexual contact.

Defense Theory and Evidence

Pepito denied the charges and offered alibi and denial as his defense. He testified that Cherry Ann did not treat his family as her own parents and that it was impossible for him to have committed the six rapes because other persons were present in the house during the alleged incidents. He asserted that Cherry Ann was at school during the periods in question while his wife was out selling in the market. He suggested the accusations were fueled by ill-feelings arising from punishment Pepito allegedly imposed on Cherry Ann when she answered back.

To corroborate his alibi, Pepito presented Dennis (his son), Amelia Mata, and Lilia M. Solomon (the principal and teacher of Cherry Ann’s school, respectively). Dennis testified that he saw Pepito outside working on a chicken coop during the rape incidents and that several family members were living in the house at those times. Amelia Mata testified about school year schedules and records, while Lilia M. Solomon related to the school register from which attendance information allegedly was derived.

The trial court, however, found the defense inconsistent and insufficient to overcome Cherry Ann’s identification.

Trial Court Ruling

After trial, the RTC found Cherry Ann credible and held that she had been raped on the various dates alleged. It relied on Cherry Ann’s detailed narration and categorical identification of Pepito as the rapist. The RTC considered Cherry Ann’s testimony straightforward and consistent, and it found her demeanor on the witness stand persuasive. It also took into account the medical certificate evidencing vaginal lacerations and redness, which it treated as corroborative of penetration and sexual contact.

The RTC rejected Pepito’s denial and alibi. It ruled that the positive testimony of Cherry Ann could not be defeated by Pepito’s bare denial. It also held that imputing ill-motive to Cherry Ann—based on alleged parental punishment—was inconsequential and did not plausibly explain why a daughter would accuse her own father of rape with the attendant consequence of subjecting him to the death penalty and enduring public humiliation herself. The RTC further discounted the alibi evidence as biased and insufficient, particularly because the testimony of Dennis reflected a close familial stake in Pepito’s acquittal.

The Parties’ Contentions on Appeal

On appeal, Pepito invoked a single assigned error: that the RTC gravely erred in finding guilt beyond reasonable doubt. He argued that when inculpatory evidence was susceptible to two or more interpretations, one consistent with innocence must prevail under the test of moral certainty. He maintained that his alibi—that at the relevant times, Cherry Ann was in school—was corroborated by witnesses, including the principal and the teacher, who allegedly had no reason to falsify school records. He also insisted that Cherry Ann had a motive to retaliate because Pepito always scolded her for being hard-headed.

For its part, the Office of the Solicitor General, for People, argued that the alibi was without merit and that witness corroboration could not override Cherry Ann’s credible and convincing testimony. It also emphasized that the medical evidence supported Cherry Ann’s story. The People further rejected the alleged ill-motive as baseless, asserting that it was implausible for a 12-year-old girl to fabricate a story of defloration, undergo a public trial, and expose herself to humiliation unless motivated by truth.

Legal Issues

The Court addressed whether the evidence established guilt beyond reasonable doubt for the six counts of rape, including the sufficiency of Cherry Ann’s identification and credibility against the defense of alibi and alleged ill-motive. It likewise determined whether the qualified rape attendant circumstances for the death penalty were sufficiently pleaded and proven, considering that Cherry Ann was under eighteen and Pepito was her father. Finally, it reviewed the correctness of the damages awarded per count, particularly the amounts of indemnity, moral damages, and exemplary damages.

Appellate Court’s Evaluation of Credibility and Alibi

The Court held that it could not yield to Pepito’s reasoning. It was convinced of Cherry Ann’s sincerity, candor, and truthfulness, including her narration of the number of times she was raped. The Court found no evidence showing her account was a result of falsehood. It likewise rejected Pepito’s insinuation of ill-motive as too flimsy to explain why Cherry Ann would accuse her father of rape and place herself and her family under lifelong shame and public scrutiny.

The Court also found unpersuasive Pepito’s contention that Cherry Ann fabricated the rapes due to corporal punishment. It reasoned that parental punishment was not a good reason for a daughter to falsely accuse her father of rape, and that it took depravity for a young girl to concoct a story that would put her father on death row while publicly exposing her own traumatic experiences. In addition, the Court observed that Rosita acted promptly by reporting the rapes and assisting Cherry Ann in filing the complaints. The Court found no showing that Rosita had any ulterior mo

Case Syllabus (G.R. No. 134122-27)

Parties and Procedural Posture

The People of the Philippines prosecuted Pepito Alama Magdato as accused-appellant for six (6) separate informations of rape, consolidated for joint trial.
The Regional Trial Court, Branch 1, of Legazpi City, 5th Judicial Region rendered its decision on 5 May 1998 convicting the accused-appellant beyond reasonable doubt in each case.
The trial court imposed the penalty of death in each of the six (6) counts and ordered awards under the “civil aspect” and “exemplary damages.”
The Supreme Court reviewed the RTC decision via automatic review pursuant to Article 47 of the Revised Penal Code, as amended by Section 22 of R.A. 7659.
The accused-appellant assigned a single error, contending that the evidence failed to prove guilt beyond reasonable doubt.
The Supreme Court affirmed the convictions but modified the amounts of damages imposed.

Key Factual Allegations

The informations alleged that the accused-appellant committed rape against his daughter Cherry Ann Magdato, who was twelve (12) years old, within the municipality of Daraga, Albay.
The informations specified different dates and times of commission across Criminal Cases numbered 7658 to 7663, each describing rape by means of force, threat, and intimidation, with lewd and unchaste designs.
The complaints were subscribed and sworn to by Cherry Ann and Rosita Llandelar Magdato, her mother and the accused-appellant’s wife.
The accused-appellant entered a plea of not guilty in each case at arraignment, and the trial proceeded with a joint presentation of evidence.

Prosecution Evidence and Medical Findings

The prosecution presented Dr. Babelyn Lana of the Daraga Health Unit and Cherry Ann as its principal witnesses.
The prosecution narrated six (6) incidents where the accused-appellant approached, restrained, undressed, and inserted his penis into Cherry Ann’s vagina, causing excruciating pain.
For the rape on March 11, 1997, the prosecution described that the accused-appellant called Cherry Ann upstairs, restrained her, covered her mouth, undressed himself and the victim, restrained her attempts to escape, and achieved partial penile penetration.
For the rape on March 24, 1997, the prosecution alleged that the accused-appellant caressed Cherry Ann in the kitchen, blocked escape by closing windows and the door, forcibly removed her clothing, and inserted his penis into her vagina with only partial penetration.
For the rape on March 26, 1997, the prosecution stated that the accused-appellant held the victim from behind, forced her to sit on a bamboo bench, covered her mouth when she tried to shout, undressed both himself and Cherry Ann, and inserted his penis into the vagina with partial penetration.
For the rape on April 3, 1997, the prosecution described that the accused-appellant caressed the victim, forced her to sit on a bamboo bench, undressed her, sat on top of her, inserted his penis into her vagina with partial penetration, and the victim observed a whitish substance afterward.
For the rape on April 5, 1997, the prosecution recounted that the accused-appellant embraced and restrained Cherry Ann, made her sit on a chair, undressed her, sat on top of her, inserted his penis into her vagina with partial penetration, and the victim observed whitish fluid afterward.
For the rape on April 10, 1997, the prosecution alleged that the accused-appellant pulled the victim, undressed both himself and the victim, covered her mouth when she attempted to scream for help, and inserted his penis into the vagina, followed by wiping of the victim’s vagina.
The prosecution presented that Rosita was not present in the house during the commission of the rapes, as reflected in Cherry Ann’s testimony.
The prosecution showed that Cherry Ann and Rosita filed complaints on April 18, 1997, describing this as the earliest time they could get away from the accused-appellant.
The prosecution supported the allegations with a sworn statement executed by Cherry Ann on April 18, 1997 implicating her father.
The physical examination occurred when Cherry Ann was brought by a DSWD social worker to the Daraga Rural Health Unit on April 21, 1997.
Dr. Babelyn Lana found lacerations at four (4) o’clock and seven (7) o’clock positions and a reddish lateral aspect of the labia minora.
Dr. Lana testified that the lacerations could have been caused by the entry of the male organ into the female organ and by a single or series of sexual contact.

Defense Evidence and Theory

The accused-appellant offered denial and alibi, taking the witness stand and asserting impossibility of committing the rapes against his own child.
The accused-appellant claimed that several persons were present during the relevant times, including relatives and his sons, implying that the rapes could not have occurred as alleged.
The accused-appellant asserted that Cherry Ann was in school on the dates in April when the rapes were allegedly committed.
The defense attributed the accusations to ill-feelings harbored by Cherry Ann due