GR 137385; (January, 2002) (Digest)
G.R. No. 137385 ; January 23, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RODITO DAGANIO, accused-appellant.
FACTS
Accused-appellant Rodito Daganio was charged with the rape of his 11-year-old daughter, Virgie Daganio, on September 6, 1994, in Sapad, Lanao del Norte. The prosecution presented Virgie, who testified that her father raped her multiple times. On the specific date, while her mother was away, the accused-appellant ordered her inside their house, digitally penetrated her, and then inserted half of his penis into her vagina, threatening to kill her if she reported it. The victim’s mother, Laureta Daganio, corroborated the report and revealed the accused-appellant had previously raped another daughter. Dr. William Canoy’s medical examination revealed healed hymenal lacerations and edema consistent with penetration.
The defense was a denial. The accused-appellant claimed he was ill and bedridden on the date in question and professed a harmonious relationship with his wife. The Regional Trial Court convicted him of rape and imposed the death penalty, leading to an automatic review.
ISSUE
Whether the trial court erred in giving credence to the victim’s testimony and in convicting the accused-appellant despite an alleged failure to prove guilt beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the victim’s credibility. It rejected the defense’s argument that the prosecution used improper leading questions, citing Section 10, Rule 132 of the Rules of Court, which permits such questions for a child witness of tender years who has difficulty giving direct answers. Virgie was twelve and in only Grade III when she testified, justifying the procedural allowance to elicit the truth.
The Court found the victim’s testimony, particularly her candid and detailed cross-examination account of the digital and penile penetration, to be credible and consistent. This testimony was corroborated by the medical findings of healed lacerations, which supported a history of sexual abuse. The defense of denial could not prevail over the positive, credible testimony of the victim. The Court modified the award of damages, increasing civil indemnity to ₱75,000.00 and awarding ₱50,000.00 as moral damages and ₱25,000.00 as exemplary damages. The death penalty was affirmed, with the records ordered transmitted to the Office of the President pursuant to law.