GR 93435; (October, 1993) (Digest)
G.R. No. L-93435 October 22, 1993
People of the Philippines, plaintiff-appellee, vs. Gregorio Madridano y Tacbao alias Tata and Ronnie Dag-on y Laghay, accused-appellant.
FACTS
Accused-appellant Gregorio Madridano and Ronnie Dag-on were convicted of rape by the Regional Trial Court of Malaybalay, Bukidnon, and sentenced to reclusion perpetua. The incident occurred on March 2, 1989, in barangay Old Nongnongan, San Carlos, Bukidnon. The prosecution’s principal witness, Perlita Dag-on, testified that after she, her aunt Luzmin, and her six-year-old niece Richelle were taken from their house by three men (including Madridano and Dag-on) who had earlier robbed Luzmin, Madridano raped her twice in a clearing. During the first rape, after tripping her, Madridano called on Dag-on to help subdue her; Dag-on held her arms and locked her head with his elbow. A few minutes later, Madridano raped her a second time with Dag-on’s continued assistance. The men were initially masked with T-shirts, but the masks fell off during the struggle, and Perlita saw their faces in the bright moonlight. She also recognized their voices from prior conversations. A medical examination of Perlita on the same day revealed no external injuries except on her left scapular region, old healed hymenal lacerations, and no spermatozoa in her vaginal smear. Madridano’s defense was alibi, claiming he was working on his uncle’s farm in another barangay at the time. Ronnie Dag-on also pleaded alibi but did not pursue his appeal. The trial court rejected their defenses.
ISSUE
Whether the guilt of accused-appellant Gregorio Madridano for the crime of rape has been proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The positive identification of Madridano by the victim, Perlita Dag-on, who saw his face when his mask fell off during the struggle under bright moonlight and recognized his voice, prevails over his weak defense of alibi. The medical findings do not disprove the rape; the absence of fresh hymenal lacerations or spermatozoa is not essential to prove rape, as rape does not necessarily mean defloration, and the substance could have been washed away. The Court noted that although two rapes were proved, the information charged only one, so he could not be punished for the second in this case. The civil indemnity was increased to P30,000.00. The judgment against Ronnie Dag-on became final and executory as he did not pursue his appeal.