G.R. Nos. 144989-90 - PEOPLE OF THE PHILIPPINES, VS. JOVITO MANALO.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, this Court finds the accused JOVITO MANALO GUILTY beyond reasonable doubt of the crime of RAPE in Criminal Case No. 2745(10877) and is hereby sentenced to suffer the penalty of RECLUSION PERPETUA, to indemnify MELODINA NUYNAY y ALIMANSA the amount of P50,000.00 and to pay the costs. The same accused JOVITO MANALO is also found GUILTY beyond reasonable doubt of the crime of RAPE in Criminal Case No. 2746(10878) and is likewise sentenced to suffer the penalty of RECLUSION PERPETUA, to indemnify MELODINA NUYNAY y ALIMANSA the sum of P50,000.00 and to pay the cost. [2] In two separate Complaints, [3] both dated January 20, 1992, appellant was accused of raping private complainant allegedly as follows: In Criminal Case No. 2745(10877): That sometime in the month of November 1991, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, by means of force and intimidation, did then and there wil[l]fully, unlawfully and feloniously have carnal knowledge with the undersigned against her will. [4] In Criminal Case No: 2746(10878) That sometime in the month of September, 1991, in the City of Zamboanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, by means of force and intimidation, did then and there wil[l]fully, unlawfully and feloniously have carnal knowledge with the undersigned against her will. [5] During his arraignment on October 2, 1998, [6] appellant, assisted by his counsel de oficio , [7] pleaded not guilty to both charges. After trial in due course, he was found guilty of two counts of rape. The Facts Version of the Prosecution The Office of the Solicitor General (OSG) narrates the factual antecedents of the case in this manner: Private complainant Melodina Nuynay (Melodina) was a housemaid working for Poncieto Oracoy (Poncieto), a member of the Philippine National Police and his wife, Marilou, a vendor who sold blankets and clothes at the market. Sometime in the month of September, 1991, at a time when both her employers were away at their respective work stations, Melodina was left alone at their rented room at the PC Compound in Zamboanga City to tend the four-year-old child of her employers. At this time, Melodinas age could only be estimated to be around 11 years considering that her birth certificate could not be produced. Her school records indicate her date of birth as June 4, 1980 (During her testimony in open court on January 15, 1999, however, Melodina stated that she was 24 years old). Having lulled the child to sleep at a makeshift hammock, (duyan), Melodina sat on the edge of the bed. Without any warning, however, appellant [being the son of the owner of the house who lived just right next door] suddenly barged inside the room, holding a knife with his right hand. Appellant pointed the knife at Melodinas abdomen and threatened to