UNIVERSITY OF THE PHILIPPINES COLLEGE OF LAW Crim 1

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Case Name People of the Philippines vs. Mendoza

Topic Stages of Execution
Case No. | Date G.R. No. 152589 & 152758 | October 24, 2003
Ponente Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, Sandoval-Gutierrez, Carpio,
Austria-Martinez, Corona, Carpio-Morales, Callejo, Sr., Azcuna, and Tinga, JJ., concur.

Ynares-Santiago, J., on leave.

Case Summary Antonio Butones Mendoza, appellant, was indicted for 2 counts of incestuous rape, i.e., rape of his
minor daughter on March 18, 1998 and September 10, 1999, both in Lakip, Atimonan, Quezon
Province. The charges are specified in the affidavit-complaint of his daughter Maricar T. Mendoza
who on March 18, 1998 was only 14 yrs. Old and on September 10, 1999 was 15.

Doctrine

Art. 266-B of The Revised Penal Code as amended by RA 8353

"Penalty. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion
perpetua.

"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the
penalty shall be reclusion perpetua to death.”

"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall
become reclusion perpetua to death.”

"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the
penalty shall be reclusion perpetua to death.”

"When by reason or on the occasion of the rape, homicide is committed, the penalty shall be death.”

"The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:

"1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-
law spouse of the parent of the victim;

"2. When the victim is under the custody of the police or military authorities or any law enforcement
or penal institution;

"3. When the rape is committed in full view of the spouse, parent, any of the children or other
relatives within the third civil degree of consanguinity….”

"Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.”

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"Whenever the rape is committed with the use of a deadly weapon or by two or more persons, the
penalty shall be prision mayor to reclusion temporal. “

"When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be
reclusion temporal”

"When the rape is attempted and a homicide is committed by reason or on the occasion thereof, the
penalty shall be reclusion temporal to reclusion perpetua”

"When by reason or on the occasion of the rape, homicide is committed, the penalty shall be reclusion
perpetua”

"Reclusion temporal shall be imposed if the rape is committed with any of the ten aggravating/
qualifying circumstances mentioned in this article.

Facts  On March 18, 1998 Maricar was raped by her father, Antonio, for the first time. Antonio
boxed Maricar on the stomach, which caused her to be unconscious at the time when the
alleged rape happened. She woke up the following day with dried blood on her thighs and
pain in her vagina.
 September 10, 1999 Appellant raped Maricar again during nighttime. He kissed her on the
cheeks and breasts, and for 30 minutes, his penis was inside her vagina.
 September 22, 1999 Maricar’s school principal discovered the sexual abuse, and therefore
summoned Maricar’s mother. Maricar was already 4 months pregnant.
 September 23, 1999 Maricar and her mother filed the complaint for incestuous rape against
appellant.
 March 29, 2001 Maricar testified before the trial court and admitted that she was again
pregnant, but this time, by the common-law husband of her older sister, who forced her to
have sexual intercourse.
 Appellant denied any sexual union with his daughter. He claimed that he was a good
provider to his family. The probable motive of Maricar for suing him is because she wanted
to be left alone with her many boyfriends, as suggested by Erlinda Rivera, who is the
mother of the common-law husband of her older sister.
 December 13, 2001 Trial court found appellant guilty of rape of his minor daughter Maricar
on 2 counts and sentenced him to 2 death penalties. Ordered appellant to pay Maricar for
each count of rape 50,000 pesos as indemnity, 10,000 pesos for moral damages, and 5,000
pesos for exemplary damages.

Issue ● W/N Maricar and her testimony have credibility to prove his Ruling NO
guilt beyond reasonable doubt?

Ratio NO.

The pregnancy of Maricar on September 22, 1999 could not have been due to the rape in March 18,
1998 as it is so way back then, and it could not have been due to the rape of September 10, 1999 as it
is too recent, as she is already 4 months pregnant.

She is inconsistent with her answer regarding the whereabouts of her mother during March 18, 1998.

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It was contrary to normal human experience for his penis to wallow in Maricar’s vagina for 30
minutes when a rapist would ordinarily not take his time.

Maricar had the bad habit of accusing her relatives for her unexpected pregnancies, just as she did
when heavy with her second child.

Crim. Case No. 6636-G failed to prove beyond reasonable doubt that incestuous rape was
consummated.
- However, there is an attempted rape as the appellant intended to have carnal knowledge of
the victim. It is just unfortunate to have no evidence of a consummated incestuous rape.

Crim. Case No. 6637-G must be affirmed.

- Maricar’s testimony as observed by the trial judge is clear, straightforward, and convincing.
- Some variances in testimonies may actually strengthen the witness’ credibility as they erase
the suspicion of a rehearsed testimony.
- Moreover, the inconsistencies are minor details outside the essential elements of the crime
charged.
- If Maricar really wanted to be freed from the watchful eyes of his father, then she could just
opt to elope with her boyfriends.

Disposition ● The assailed Decision of the court a quo in Crim. Cases Nos. 6636-G and 6637-G is
modified:
● Crim. Case No. 6636-G
- Appellant is found guilty of attempted rape
- Sentenced to an indeterminate prison term of 6 years, 2 months, and 1 day of prision
mayor minimum as minimum, to 18 years, 4 months, and 10 days of reclusion
temporal maximum as maximum
- To indemnify the victim the sum of 30,000 pesos as civil indemnity, 25,000 as moral
damages, and 10,000 as exemplary damages.
● Crim. Case No. 6637-G
- Appellant is found guilty of incestuous rape of a minor as charged under Art 266-B of
The Revised Penal Code as amended by RA 8353 and is sentenced to supreme penalty
of death.
- He is ordered to pay victim 75,000 pesos as civil indemnity, 75,000 as moral damages,
and 25,000 as exemplary damages.

Dissenting ●
Opinions