VS. EDUARDO GARCIA Y DULAY, ACCUSED-.

Ruling

WHEREFORE, judgment is hereby rendered finding [the] accused, Eduardo Garcia y Dulay, guilty beyond reasonable doubt of the crime of rape on two counts and hereby sentences him to suffer the penalty of reclusion perpetua for each count of rape charged in the Informations in these cases. The accused is further ordered to indemnify the victim, Joylyn Garcia y Nuqui the sum of P 100,000.00, Philippine Currency. SO ORDERED. [8] Hence, this appeal. [9] After the promulgation of the assailed Decision, appellant filed before the trial court a motion for a new trial. In its order dated April 21, 1995, the court a quo held that the Motion for New Trial should be addressed to the Supreme Court. [10] The Facts According to the Prosecution In the Appellees Brief, [11] dated May 30, 1996, the solicitor general presented the prosecutions version of the case facts: The victim, Joylyn Garcia, a first year student at the Nolasco High School in Tondo, Manila, testified that sometime in the middle of October, 1992, about 9:00 oclock in the evening, appellant Eduardo Garcia, her father, gave her medicine for her illness. At the time, Joylyn was lying in bed (TSN, p. 3, February 9, 1993). After Joylyn took the medicine which caused her to sleep, appellant placed himself on top of Joylyn and poked a pointed object on her right side. Appellant then held her arms, spread her knees (legs) and inserted his penis into her vagina. Appellant remained in that position for about three (3) minutes after which he left the house. After the incident, Joylyn reported her ordeal to Librada Nuqui, her auntie (TSN, pp. 4-5, February 9, 1993). Joylyn continued that sometime in the second week of November, 1992, also in the evening, she was again raped by her father when they were left alone in their house. She likewise reported the incident to her auntie (TSN, pp. 6-7, February 9, 1993). The records show that after the incidents were reported to the City Hall Detachment, Joylyn was examined by Dr. Manuel Lagonera, medico-legal officer of the Western Police District Command (WPDC). His findings were contained in Report No. WB-93-01 (Exh. G) dated February 12, 1993, thus: PHYSICAL AND VAGINAL EXAMINATION REPORT GENERAL DATA: Joylyn N. Garcia, 13 years old, single, presently residing at 362-B Sta. Isabel St., Bo. San Antonio, Zaragosa, Tondo, Manila, consulted the medico-legal office on 5 January 1993 at about 8:45 p.m. accompanied by aunt and sister for physical and vaginal examination as requested by Chief Insp. Honorato Laurel of GAD, WPD. GENERAL APPEARANCE AND PHYSICAL EXAMINATION: Fairly nourished and fairly developed, conscious but incoherent. Mentally unstable with slurred speech. Breasts - Hemi-spherical in shape with brownish nipples and areolae. Abdomen - soft and flat without strae [sic] of pregnancy. Vaginal canal - admits one examining finger with resistance and moist. Hymen - thin with circular opening and showed incomplete and superficial healed laceration at 3: