G.R. No. 187155; February 1, 2010
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARIANO OFEMIANO alias Maning, Accused-Appellant.

FACTS

The victim, AAA, is the eldest daughter of BBB. After her parents separated, AAA lived with her grandmother in Bicol until March 1995, when BBB brought her to live in Caloocan City with BBB, her live-in partner accused-appellant Mariano Ofemiano, and their children. On the very night of her arrival, while she was asleep with her mother and half-brothers, AAA was awakened by Ofemiano on top of her. He held her arms, removed her shorts and panty, and had sexual intercourse with her. She tried but failed to awaken her mother. The sexual molestations continued almost daily. AAA reported the incidents to her mother, who dismissed her. The family later moved to Laguna. In July 1996, in Biñan, Laguna, Ofemiano again raped AAA, covering her mouth and threatening to kill her if she told anyone. In September 1996, AAA confided in her aunt, who reported the matter to the authorities. A medical examination on September 18, 1996, revealed old healed hymenal lacerations consistent with sexual intercourse. An Information for rape was filed on February 7, 1997. Ofemiano denied the charges, claiming the complaint was fabricated by AAA’s grandmother due to anger over his cohabitation with BBB and instigated by BBB’s former lover out of jealousy. The Regional Trial Court convicted Ofemiano of simple rape and sentenced him to reclusion perpetua, ordering him to pay damages. The Court of Appeals affirmed the conviction but modified the civil indemnity award.

ISSUE

1. Whether the trial court gravely erred in giving full weight and credence to the incredible and inconsistent testimony of the private complainant.
2. Whether the trial court gravely erred in convicting the accused-appellant of rape despite the prosecution’s alleged failure to prove his guilt beyond reasonable doubt.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the conviction with MODIFICATION to the damages. The Court held that the trial court’s findings on the credibility of witnesses are entitled to the highest respect and found no reason to overturn them. The failure of the victim to shout or offer vigorous physical resistance does not negate rape, especially when the offender has moral ascendancy over the victim, as in this case where Ofemiano was the live-in partner of the victim’s mother and wielded patriarchal authority. The Court also ruled that rape can be committed even in the presence of others, noting the cramped living conditions of poor families. The victim’s inability to recall the exact dates of the repeated rapes is immaterial, as the exact time is not a material ingredient of the crime. The victim’s clear and consistent testimony, corroborated by the medico-legal finding of old healed hymenal lacerations, proved penetration and the commission of rape. Regarding damages, the Court sustained the reduction of civil indemnity to PhP 50,000 for simple rape, upheld the award of moral damages at PhP 50,000, and increased exemplary damages to PhP 30,000 following current jurisprudence.