GR 134122; (February, 2000) (Digest)
G.R. No. 134122 -27 February 7, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PEPITO ALAMA MAGDATO, accused-appellant.
FACTS
The accused-appellant, Pepito Alama Magdato, was charged with six counts of rape committed against his 12-year-old daughter, Cherry Ann Magdato, on various dates in March and April 1997 in Daraga, Albay. The prosecution’s evidence, primarily from Cherry Ann’s testimony, detailed a pattern of abuse. In each instance, Pepito would isolate Cherry Ann, often when her mother was away vending in the market, use force and intimidation to overcome her resistance, and threaten to kill her if she reported the assaults. The rapes occurred inside their home, with Pepito employing methods such as turning the radio volume high to mask noise and sending other children on errands. The defense consisted of denial and alibi, with Pepito claiming he was elsewhere during the alleged incidents.
ISSUE
The core issue for automatic review was whether the prosecution proved the guilt of the accused-appellant for six counts of rape beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found Cherry Ann’s testimony to be credible, straightforward, and consistent, even under rigorous cross-examination. The testimony of a minor victim, when credible, is sufficient to sustain a conviction for rape. The Court emphasized that in incestuous rape cases, the victim’s testimony is accorded greater weight due to the difficulty of a child accusing a parent. The defense of denial and alibi was inherently weak and could not prevail over the positive and categorical identification by the victim. The Court also noted that the medical certificate, while indicating no fresh lacerations, did not negate rape, as the examination was conducted months after the last incident and the findings were consistent with the victim’s account of partial penetration. The penalty of death for each count was proper under the law at the time, as the rape was committed against a daughter under eighteen years of age. The Court modified the damages, awarding P75,000 as civil indemnity, P50,000 as moral damages, and P20,000 as exemplary damages for each count.