G.R. No. 130491 March 25, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERTO MENGOTE, accused-appellant.

FACTS

The accused-appellant, Roberto Mengote, was charged with the rape of his twelve-year-old daughter, Jenny Mengote, on March 20, 1996, in Hagonoy, Bulacan. The prosecution established that Jenny was watching television at a relative’s house when her father called her to retrieve a lighter from their home. Upon entering, he embraced and kissed her, touched her private parts, and proceeded to remove her clothing. Despite her protests, he laid her on the floor, mounted her, and succeeded in inserting his penis into her vagina, causing her pain. He ceased upon hearing the mother approach. Jenny disclosed the incident to her mother two weeks later, prompted by fear for her siblings. A medico-legal examination confirmed deep, healed lacerations on Jenny’s hymen, consistent with sexual intercourse.
In his defense, Roberto Mengote admitted to the crime but pleaded for leniency, claiming he was intoxicated and not in his right mind during the incident. The Regional Trial Court convicted him of rape under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , and imposed the death penalty, along with an award of moral and exemplary damages. The case was elevated to the Supreme Court for automatic review.

ISSUE

The core issue for review is whether the trial court correctly convicted the accused-appellant of rape and properly imposed the supreme penalty of death.

RULING

The Supreme Court affirmed the conviction but modified the awards of damages. The Court found the testimony of the victim, Jenny Mengote, to be credible, straightforward, and consistent. Her detailed account of the sexual assault, corroborated by the medico-legal findings of healed hymenal lacerations, constituted proof beyond reasonable doubt. The Court rejected the defense of intoxication, noting that voluntary drunkenness is not an exempting circumstance under the law. The qualifying circumstance of relationship, where the offender is the parent of the victim, was duly alleged in the information and proven during trial. Under the applicable law at the time, this circumstance warranted the imposition of the death penalty. The constitutionality of RA 7659’s death penalty provision was sustained by the Court’s majority. Accordingly, the penalty of death was affirmed. The Court, however, modified the civil liabilities, awarding P75,000.00 as civil indemnity and P50,000.00 as moral damages, while deleting the exemplary damages for lack of legal basis. The records were ordered forwarded to the Office of the President pursuant to law.