G.R. No. 117683 January 16, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. TEOFILO TANEO, accused-appellant.

FACTS

On May 23, 1994, Mencina Taneo, a minor below 18 years old, was at home in Sitio Bihang, Borbon, Cebu, with her father Teofilo Taneo and her younger sisters. Her mother had gone to fetch corn grits. Mencina fell asleep after putting her infant sister to sleep. She was awakened by pain in her genitalia and found her father, naked from the waist down, on top of her. Her cycling pants and panty had been removed. Her father inserted his finger and then his penis into her vagina, threatening her with a bolo and telling her not to shout. He stated he wanted to be the first to taste her virginity. After the act, he douched her organ with water. He threatened to kill her and her mother if she reported the incident. The next day, Mencina revealed the rape to her aunt, Paciencia Taneo. Her father found her, maltreated her, and again threatened her with a bolo. Police were alerted, arrested Teofilo, and brought Mencina for medical examination. Dr. Gemma Macachor conducted the examination. Mencina executed an affidavit and filed a complaint. The Regional Trial Court convicted Teofilo Taneo of rape and sentenced him to death, with damages.

ISSUE

The main issues are whether the trial court erred in: 1) giving full credence to Mencina’s testimony; 2) not appreciating the medical findings in favor of the accused; 3) not giving credence to the defense and unfavorably presuming against the accused for not presenting a witness; and 4) convicting the accused despite the prosecution’s alleged failure to prove guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the penalty. The Court found Mencina’s testimony credible, straightforward, and consistent. The medical findings, which indicated no fresh lacerations, did not negate rape, as the absence of injuries is not conclusive, especially considering the victim was douched after the act. The defense of denial and alibi was weak and uncorroborated. The failure of the defense to present a witness, Leticia Mangubat, gave rise to an adverse presumption that her testimony would be unfavorable. The prosecution proved the guilt of the accused beyond reasonable doubt. However, as the rape was committed on May 23, 1994, before the effectivity of Republic Act No. 7659 (which reimposed the death penalty), the proper penalty was reclusion perpetua. The Court affirmed the award of P50,000.00 as moral damages and P25,000.00 as exemplary damages.