PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINGO DOGAOJO Y MORANTE, accused-appellant.
FACTS
Accused-appellant Domingo Dogaojo was charged with seven counts of rape committed against his minor daughter, Melinda Dogaojo, on various dates in 1996 in San Jose Del Monte, Bulacan. The Informations alleged that he willfully, unlawfully, and feloniously had carnal knowledge of his daughter, then 11 to 12 years old, by means of force and intimidation. Melinda testified in detail about each incident, describing how her father would push her, remove her clothes, and forcibly have intercourse with her while she resisted by pushing, kicking, and swaying her body. He threatened to kill her if she reported the assaults. The abuse was discovered a week after the last incident when Melinda confided in her sister, leading to a police report and a medico-legal examination.
The defense interposed denial and alibi. Accused-appellant claimed he was elsewhere during the alleged incidents, either working or with his wife. He alleged that the charges were fabricated because Melinda was angered after he scolded her for having a boyfriend. The Regional Trial Court found him guilty of all seven counts of rape and imposed the death penalty for each, prompting an automatic review by the Supreme Court.
ISSUE
The core issue is whether the guilt of the accused-appellant for seven counts of rape was proven beyond reasonable doubt.
RULING
The Supreme Court affirmed the conviction. The Court found Melinda’s testimony to be credible, straightforward, and consistent even under rigorous cross-examination. The detailed narration of the repetitive sexual assaults, including the specific circumstances of force, intimidation, and her resistance, was deemed sufficient to establish the elements of rape. Her failure to immediately report the incidents was rationally explained by her fear of her father’s threats, which is common in cases of parental rape. The medico-legal findings, while not conclusive of recent penetration, corroborated her account of prior sexual activity.
The defense of denial and alibi was rejected for being inherently weak and uncorroborated. Alibi cannot prevail over the positive and credible identification by the victim. The alleged motive for fabrication was deemed insufficient to overturn the consistent accusations. The qualifying circumstance of the victim being under eighteen and the offender being a parent was duly proven, warranting the imposition of the death penalty under Republic Act No. 7659. The Court modified the awards, ordering accused-appellant to pay civil indemnity, moral damages, and exemplary damages for each count. The records were ordered forwarded for possible executive clemency.
