People v Dimaano | G.R. No. 168168 | Sept.

14, 2005 | PER CURIAM

Petitioner/s: PEOPLE OF THE PHILIPPINES, APPELLEE

Respondent/s: EDGARDO DIMAANO, APPELLANT

SUMMARY: Maricar Dimaano was raped by her father at least 2 times, with 1 attempted rape being stopped because of
the timely arrival of her mother. Maricar and her mother filed a complaint against Edgardo at Camp Crame.
RTC Ruled for Maricar, this was AFFIRMED by the CA. He argues that Maricar had multiple times where she could have
reported the rape earlier and that she only filed the complaint due to her mother.

TOPIC:

FACTS:
• Jan 26, 1996 – Maricar Dimaano charged her father, Edgar with 2 counts of rape and 1 count of attempted rape
◦ 1993 – In Municipality of Paranaque, Metro Manila. She was 10
◦ Dec 29, 1995 – Municipality of Paranaque. She was 12
◦ Jan 1 1996 – Municipality of Paranaque. Attempted Rape, did not perform all the acts of execution due to
the timely arrival of her mother.
• #1 Maricar was born Aug 26, 1983. First sexually abused in Sept 1993
◦ While inside the house in Sucat, Paranaque – Father laid down beside her, removed her clothes, and asked
her to lie face down. Inserted his penis in her anus. She cried and felt pain but kept the incident as her father
might hurt her
◦ A few days later, after removing his clothes, asked her to lie on her side facing him and to place her thigh
over his. He then inserted his penis into her vagina which also caused pain. She still kept the incidents
◦ Nov. 1995 – confided the abuse to her mother
• #2 Dec. 1995 – While leaning against the kitchen sink, he raised her t-shirt, fondled and kissed her breasts.
Removed their shorts, fondled her vagina and inserted his penis.
◦ Only stopped when her brother, Edwin went out of his room. Told her to dress up
• #3 Jan. 1996 – Laid her down on the sofa then went on top of her and made pumping motion even with shorts
on. Stopped when he heard the arrival of his wife.
• Jan 3 1996 – She and her mother visited a relative in Cainta, Rizal who advised them to file a complaint in Camp
Crame.
◦ Medico-Legal Officer in PNP Crime Lab found her to have suffered deep healed hymenal lacerations and was
in a non-virginal state
• DEF: He could not rape her because he was always in the office from 7am to 9pm waiting to be dispatched to
another assignment overseas
◦ it was impossible to rape her on #2 and #3 because there were other people in the house
◦ if he did rape her, she wouldn't accompany him to the Paranaque Police Station to apply for Police clearance
and barangay ID and to Uniwide Shopping Center when they applied for membership at the Video City Club
◦ her non-virgin state didn't conclusively prove him because she might have had sex with another man her age
• RTC: Ruled for Maricar, Convicted Edgardo → CA AFFIRMED
◦ testimony of complainant to be spontaneous and credible
◦ Obscene details no girl of tender age would have known
◦ Delay in reporting it was understandable due to fear of her father who had moral ascendancy
◦ Disregarded Compromise Agreement (Affidavit of Desistance) she signed because she was not assisted by a
lawyer at the time

ISSUE + RULING:
W/N The Evidence adduced is enough to overcome the presumption of innocence of the accused?
• DEF: could have reported to authorities when she accompanied him to the Paranaque Police Station and
Barangay Hall.
 ◦ Complainant was just pressured by her mother to file the complaint
• credibility given by the trial court to the rape victim is an important aspect of evidence which appellate courts
can rely on because of its unique opportunity to observe the witnesses, particularly their demeanor, conduct and
attitude during direct and cross-examination by counsel.
◦ Absent any showing that the trial judge overlooked, misunderstood, or misapplied some facts or
circumstances of weight which would affect the result of the case, his assessment of credibility deserves
the appellate court's highest respect.
• the testimony of a rape victim is generally given full weight and credit, more so if she is a minor.
◦ The revelation of an innocent child whose chastity has been abused deserves full credit, as her willingness to
undergo the trouble and the humiliation of a public trial is an eloquent testament to the truth of her
complaint. In so testifying, she could only have been impelled to tell the truth, especially in the absence of
proof of ill motive.
• CAB: no cogent reason to disturb the findings of the trial court and the appellate court.
• Delay in reporting the rape incidents, especially in the face of threats of physical violence, cannot be taken
against the victim, more so when the lecherous attacker is her own father. Strong apprehensions brought
about by fear, stress, or anxiety can easily put the offended party to doubt or even distrust what should
otherwise be a positive attitude of bringing the culprit to justice.
◦ credibility was not diminished by her failure to report the sexual abuses to the authorities and her relatives
despite opportunities to do so . The Court has thus considered justified the filing of complaints for rape
months, even years, after the commission of the offense.
• CAB: delay of more than 2 years is not an indication that charges were fabricated. Her obedience, lack of
struggle and silence were all brought about by genuine fear posed by her own father.
• The Affidavit of Desistance has no persuasive value.
◦ Unreliable document → Incredible that a victim, after going through the trouble of arresting and positively
identifying the person who raped her, will suddenly turn around and declare she is not interested in pursuing
the case.
◦ ALSO: repudiated the Affidavit in court saying no lawyer assisted her
◦ Scutiny of the Affidavit also reveals she never retracted allegation of rape; Just that she decided to withdraw
after appellant agreed not to disturb her and to annul his marriage and allow wife to solely manage conjugal
properties.
◦ IMPT: Criminal offense is an outrage to the State. Affidavit is not a ground for dismissal once it has been
instituted in court. Private complainant loses the right or absolute privilege to decide w/n the rape charge
should proceed once filed.
• RAPE Discussion: The gravamen of the offense of rape is sexual congress with a woman by force and without
consent.
◦ If the woman is under 12 years of age, proof of force and consent becomes immaterial not only because
force is not an element of statutory rape, but the absence of a free consent is presumed. Conviction will
therefore lie, provided sexual intercourse is proven.
◦ But if the woman is 12 years of age or over at the time she was violated, sexual intercourse must be proven
and also that it was done through force, violence, intimidation or threat.
◦ in incestuous rape of a minor, actual force or intimidation need not even be employed where the
overpowering moral influence of appellant, who is private complainant's father, would suffice. The moral
and physical dominion of the father is sufficient to cow the victim into submission to his beastly desires
• CAB: Edgardo took advantage of his moral and physical ascendancy to unleash his lechery upon his daughter.
• ATTEMPTED RAPE CHARGE IS DISMISSED, ACQUITTED
◦ Complaint merely said “try and attempt to rape”; no details. → Acts or ommissions complaint of must be
alleged in such form as is sufficient to enable a person of common understanding to know what offense is
intended to be charged. Not the case here.

DISPOSITION: GUILTY. SENTENCED TO DEATH PENALTY