G.R. Nos. 152592-93; February 13, 2004
PEOPLE OF THE PHILIPPINES, appellee vs. JOURIEL DIMACUHA y CASAO, appellant.

FACTS

Appellant Jouriel Dimacuha, a 20-year-old first-degree cousin, was charged with two counts of rape against his seven-year-old cousin, Sherie Ann Dimacuha, occurring in February and March 2000 in Batangas City. The prosecution evidence established that on both occasions, appellant kissed the victim on her lips, breasts, and genitalia, inserted his finger and penis into her vagina causing her pain, and placed his penis in her mouth. He then threatened her not to disclose the acts. Despite the threat, Sherie Ann eventually reported the incidents to an older cousin and later to her mother, leading to medical and psychiatric examinations. Dr. Angelita Acosta, a child psychiatrist, diagnosed Sherie Ann with post-traumatic stress disorder. While initial medical findings from Batangas Regional Hospital showed no lacerations, a subsequent examination by Dr. Roy Camarillo at Camp Vicente Lim revealed a shallow vaginal laceration.
The appellant pleaded not guilty and interposed the defense of alibi, claiming he was either in school or at his grandmother’s house tending to hogs during the alleged incidents. He also invoked the initial medical report indicating an intact hymen to contest the rape charges. The Regional Trial Court convicted him of two counts of rape, sentencing him to reclusion perpetua for each count and ordering him to pay actual and moral damages.

ISSUE

Whether the trial court erred in convicting the appellant of two counts of rape based on the victim’s testimony despite medical findings of an intact hymen and the appellant’s defense of alibi and denial.

RULING

The Supreme Court affirmed the conviction but modified the awards of damages. The Court upheld the trial court’s assessment of the victim’s credibility, emphasizing that the evaluation of witness testimony is best left to the trial court which observes demeanor firsthand. The positive, straightforward, and candid testimony of a child victim prevails over a bare denial, which is inherently weak and self-serving. The Court ruled that the absence of lacerations or an intact hymen does not negate rape, as full penetration is not required for consummation; even the slightest penetration suffices. The defense of alibi was properly rejected for being unsubstantiated and inherently weak.
Regarding damages, the Court deleted the award of P80,000.00 as actual damages for lack of competent proof. However, it modified the decision to award civil indemnity of P50,000.00 for each count of rape (totaling P100,000.00), as such indemnity is mandatory upon a finding of rape. The award of moral damages was sustained at P50,000.00 per count (totaling P100,000.00), in accordance with prevailing jurisprudence. The penalties of reclusion perpetua for each count were affirmed.