Case Summary (G.R. No. 135511-13)
Case Background
The case involves Enrico Mariano y Exconde, who was charged and found guilty of three counts of attempted rape against his minor daughter, Jenalyn F. Mariano. The initial charges were based on Jenalyn's sworn statements regarding three separate incidents of sexual misconduct occurring between August 1992 and February 1997. The Regional Trial Court sentenced him to death for each count, along with monetary damages awarded to the victim.
The Charges
The prosecution's case stemmed from Jenalyn's allegations that her father attempted to rape her on three occasions:
- In August 1992, when Enrico allegedly tried to forcibly engage in sexual intercourse with Jenalyn.
- In September 1996, where attempts were made under similar circumstances at the home of Jenalyn’s aunt.
- On February 2, 1997, where a further attempt was made, resulting in a threat from Enrico.
The Trial
During the trial, the main evidence came from Jenalyn herself, whose testimony detailed the distressing experiences with her father. In her accounts, she consistently described attempts by Enrico to penetrate her but stated that he was unsuccessful. The court also heard corroborative testimony from family members and a medico-legal expert who examined Jenalyn, revealing old healed lacerations, suggesting prior sexual abuse but failing to confirm the specifics of the charges.
Court's Findings
The Regional Trial Court originally interpreted the events as consummated rape, imposing the harshest penalties. However, upon review, the Supreme Court found that there was no actual penetration of the victim's vagina by the accused, thus reclassifying the offense to attempted rape rather than completed rape. The testimonies illustrated that while Enrico's actions were criminally reprehensible, the legal definition of consummated rape was not met as there was no evidence of penetration.
Rulings on Damages
The Court observed that while the trial court awarded P500,000.00 in moral and exemplary damages, such an amount was excessive and inconsistent with prevailing jurisprudence. The Supreme Court revised the damages to include:
- P30,000.00 as civil indemnity for each count of attempted rape.
- P25,000.00 as moral damages for each count.
- P10,000.00 as exemplary damages for each count, aimed at deterring similar future offenses.
Final Penalty and Sentencing
Considering the conviction for attempted rape, th
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The Case
- The case is an automatic review by the Supreme Court of the Philippines regarding the conviction of Enrico Mariano y Exconde for three counts of rape against his daughter, Jenalyn F. Mariano.
- The Regional Trial Court of San Pablo City, Branch 32, found Enrico guilty beyond reasonable doubt and sentenced him to death for each count, alongside a monetary award of P500,000.00 in moral and exemplary damages to the victim.
The Charge
- The charges were based on Jenalyn’s sworn statement, which detailed three separate incidents of attempted rape occurring on August 1992, September 1992, and February 2, 1997.
- Each criminal complaint was formally filed under Article 335 of the Revised Penal Code, highlighting the use of force and intimidation by the accused against his then 10-year-old daughter.
The Facts
I. The First Attempt
- Occurred shortly after Jenalyn's mother left for London, in August 1992.
- Enrico, while drinking alcohol, forced his children to drink and subsequently ordered them to sleep in the living room.
- Jenalyn awoke to find her father naked and attempting to penetrate her; despite her struggles, he was unable to complete the act and instead masturbated.
II. The Second Attempt
- Took place in September 1996 while Jenalyn was living with her aunt and cousins.
- Enrico, heavily intoxicated, ordered Jenalyn into an extension room where he attempted to remove he