GR 130628; (November, 2001) (Digest)
G.R. No. 130628; November 22, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PAULINO LEONAR alias INOY, accused-appellant.
FACTS
Accused-appellant Paulino Leonar was charged with two counts of rape against his ten-year-old step-granddaughter, Jereline Pineda. The first incident allegedly occurred on February 24, 1995, when the victim was left alone with him in their house. Jereline testified that Leonar poked a bladed instrument at her neck, threatened to kill her, undressed her, and had carnal knowledge. Her grandmother, Enriquita Seda, testified she returned home to find Leonar on top of the naked and crying child. The second rape allegedly occurred in January 1996 when Jereline visited the house alone to collect clothes. Dr. Rosalinda Baldos’s medical examination revealed healed hymenal lacerations consistent with penetration.
The defense presented Leonar as its lone witness. He denied the charges, claiming that at 65 years old and afflicted with asthma, he was impotent and incapable of sexual intercourse since 1994. He suggested the complaint was fabricated due to a family grudge.
ISSUE
The core issue is whether the prosecution proved the guilt of the accused-appellant for two counts of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found the testimony of the child victim to be credible, straightforward, and consistent. Her detailed account of the assaults, including the use of a weapon and threats, was corroborated by her grandmother’s eyewitness testimony for the first incident and the medical findings of healed hymenal lacerations. The Court emphasized that the testimony of a rape victim, especially a minor, is accorded great weight when credible.
The Court rejected the defense of impotency as self-serving and uncorroborated by medical evidence. It held that advanced age does not automatically render a person incapable of sexual intercourse. The alleged motive for fabrication was deemed insufficient to overturn the positive identification and credible narrative of the victim. The delay in reporting the incidents was satisfactorily explained by the accused’s threats and the grandmother’s shame, as he was a barangay tanod.
The penalty of reclusion perpetua for each count was affirmed. The Court modified the damages, awarding P75,000.00 as civil indemnity for each count, P100,000.00 as moral damages, and P25,000.00 as exemplary damages for each count, citing prevailing jurisprudence.