G.R. No. 191065 , June 13, 2011.
People of the Philippines, Plaintiff-Appellee, vs. Jonie Dominguez, Accused-Appellant.

FACTS

The appeal assails the Court of Appeals Decision affirming the conviction of Jonie Dominguez for eight counts of rape. Nine criminal Informations were filed, accusing Dominguez of committing rape against two minor female relatives, AAA and BBB, under R.A. No. 8353 in relation to R.A. No. 7610 . The aggravating circumstance of relationship was alleged, with the accused being the victims’ “grandfather.” In one Information, it was alleged he was armed with a knife.
AAA was allegedly raped twice: first in 2001 when she was nine, by the insertion of two fingers into her sex organ while armed with a knife; and second on July 12, 2002, by insertion of fingers and carnal knowledge through threats and moral ascendancy.
BBB was allegedly raped seven times: first on June 15, 2000, by carnal knowledge; and subsequently on various dates in 2001 and 2002 by insertion of a finger into her sex organ, all through force, violence, intimidation, and moral ascendancy.
The crimes were discovered when the victims’ mother overheard Dominguez boasting during a drinking session. The victims, after being confronted, confided in their mother. Medical examination found AAA’s hymen intact but did not discount molestation, while BBB had old hymenal lacerations.
During trial, AAA and BBB testified, narrating the acts and stating Dominguez used trickery and threats. AAA did not mention sexual intercourse in her testimony for the second rape, only the insertion of fingers. The defense relied on denial and alibi, claiming he was in the mountains on the alleged dates.
The trial court convicted Dominguez, giving credence to the child-victims’ testimonies. He was found guilty of two counts of statutory rape and six counts of simple rape, with corresponding penalties and awards for damages. He was acquitted in one case for insufficiency of evidence.

ISSUE

The core issue, as derived from the assailed conviction, is whether the trial court and the Court of Appeals correctly found the accused-appellant Jonie Dominguez guilty beyond reasonable doubt of the multiple counts of rape based on the testimonies of the minor victims and the evidence presented.

RULING

The Supreme Court affirmed the conviction. The Court gave credence to the candid and consistent testimonies of the child-victims, AAA and BBB, who positively identified Dominguez and narrated the sexual acts he perpetrated against them. The defense of denial and alibi was found weak and unsubstantiated, failing to rebut the positive allegations. The medical findings, particularly the old hymenal lacerations for BBB, corroborated the claims. The trial court’s penalties and awards of civil indemnity, moral damages, and exemplary damages (where applicable) were sustained. The appeal was denied for lack of merit.