G.R. No. 134846 ; August 8, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DELANO MENDIOLA, accused-appellant.

FACTS

The accused-appellant, Delano Mendiola, was charged with the rape of his five-year-old daughter, Daryll Mendiola, in Pasig City in 1994. The prosecution presented the testimony of the victim, Daryll, who, at six years old, categorically stated that her father inserted his penis into her vagina multiple times inside their house. Her grandmother, Consuelo Pedrosa, testified that she had custody of Daryll and brought her for a medical examination after a dog bite incident in January 1995. Dr. Josephine Decena found old hymenal lacerations, corroborating the allegation of prior sexual abuse. The defense presented an alternative narrative, alleging that the perpetrator was a cousin named Gene. The accused, his wife Marlene, and another daughter, Delmar, testified that they had witnessed Gene on top of Daryll. They claimed the grandmother fabricated the case due to her hatred for the accused, whom she considered lazy and irresponsible.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused-appellant for the crime of rape beyond reasonable doubt, amidst the defense’s claim of an alternative perpetrator and alleged improper motive of the complainant’s grandmother.

RULING

The Supreme Court affirmed the conviction and the imposition of the death penalty, modified only as to damages. The Court upheld the trial court’s assessment giving full credence to the victim’s candid and consistent testimony. The testimony of a child victim, given in a straightforward manner, is accorded high weight. The medical finding of old hymenal lacerations provided physical corroboration consistent with her account. The defense’s theory implicating the cousin Gene was rejected. The Court found the testimonies of the defense witnesses, including the accused’s wife and other daughter, inconsistent and contrived to exculpate the appellant. The alleged ill motive of the grandmother was deemed insufficient to overturn the positive identification by the victim herself. The qualifying circumstances of minority (the victim being under 18) and relationship (the offender being the parent of the victim) were duly proven, warranting the imposition of the death penalty under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 . The Court modified the award of civil indemnity to P75,000.00 and moral damages to P50,000.00, in line with prevailing jurisprudence.