GR 140384; (July, 2002) (Digest)
G.R. No. 140384; July 4, 2002
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JONEL MANIO alias “BOBONG,” accused-appellant.
FACTS
The prosecution’s case established that on September 3, 1998, five-year-old Catherine Navarro was raped by her neighbor, Jonel Manio alias “Bobong,” in Apalit, Pampanga. The crime was discovered the following day when the victim’s mother, Beatriz Pastor-Pili Garcia, noticed her daughter crying and, upon examination, found blood stains on her underwear. Catherine eventually disclosed that “Bobong” had molested her. A medical examination conducted by Dr. Jaime Rodrigo L. Leal on September 9, 1998, confirmed sexual abuse, finding a “healing hymenal laceration” and physical findings “indicative of penetration.” The defense, for its part, proffered denial and alibi. Accused-appellant claimed he was at home with his family the entire day of the incident and suggested the charge was a scheme for monetary extortion, allegedly prompted by the victim’s mother’s live-in partner who advised him to settle for P10,000.00.
ISSUE
The core issue for automatic review is whether the trial court erred in convicting Jonel Manio of statutory rape and imposing the death penalty based on the evidence presented.
RULING
The Supreme Court affirmed the conviction. The Court found the testimony of the child victim, Catherine Navarro, to be credible, straightforward, and consistent. She clearly and repeatedly identified appellant as the perpetrator and described the sexual assault using the vernacular term “kinarat.” Her account was corroborated by the medical findings of a healing hymenal laceration. The defense of alibi and denial was inherently weak and could not prevail over the positive identification by the victim. The Court noted no ill motive was shown for the complainant’s family to falsely accuse appellant of such a grave crime. Given the victim’s age—established by her birth certificate as six years old at the time of the rape—the crime constituted statutory rape under Article 335 of the Revised Penal Code, as amended by R.A. 7659. The law mandates the death penalty when the victim is below seven years old. Consequently, the Court sustained the imposition of death. However, following prevailing jurisprudence, the Court modified the awards by increasing the civil indemnity from P50,000.00 to P75,000.00 and awarding moral damages of P75,000.00. The records were ordered forwarded to the Office of the President for possible exercise of the pardoning power.