G.R. No. 139609 ; November 24, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. EXEQUIEL MAHINAY, appellant.

FACTS

On August 24, 1997, in Valenzuela City, appellant Exequiel Mahinay, a 29-year-old cousin of the victim’s mother, ordered the 11-year-old victim, Leny Riovaldez, to accompany him to look for his common-law wife. After sending her companion away, Mahinay dragged Leny to a grassy area. Despite her resistance and shouts, he covered her mouth, removed her clothes and his own, and had carnal knowledge of her. He threatened to kill her and her family if she reported the incident. The rape was only disclosed by Leny to her mother in March 1998 after she learned her sister had also been victimized by Mahinay. A medico-legal examination confirmed Leny was in a non-virgin state, with healed hymenal lacerations.
The defense was denial and alibi. Mahinay claimed the charge was fabricated by relatives due to a work-related grudge. He testified he was playing cards and drinking at a cousin’s house on the alleged date and that he had merely given Leny money to buy items earlier that evening.

ISSUE

Whether the guilt of the appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction. The Court found the testimony of the child-victim to be credible, straightforward, and consistent. It detailed the force and intimidation employed, the sexual act, and the subsequent threats, which constituted the elements of rape under Article 335 of the Revised Penal Code. The Court emphasized that testimonies of child victims are given full weight and credit, as a young girl would not ordinarily concoct a story of defilement, undergo the ordeal of a public trial, and endure cross-examination unless motivated by a desire to have the wrong against her rectified.
The defense of denial and alibi was rejected for being weak and unsubstantiated, especially in light of the positive identification by the victim. The delay in reporting the incident was sufficiently explained by the victim’s fear due to the appellant’s threats against her and her family, which is common among young rape victims. The medico-legal findings, while negative for spermatozoa, corroborated the claim of prior sexual intercourse through the finding of healed lacerations, consistent with the 1997 incident. The Court modified the damages awarded by the trial court, affirming the awards of ₱50,000 civil indemnity and ₱50,000 moral damages, and additionally awarding ₱25,000 as exemplary damages to deter similar acts. The penalty of reclusion perpetua was affirmed.