G.R. No. 129299 - PEOPLE OF THE PHILIPPINES, VS. RODOLFO OLING MADRAGA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, been elevated to this Court. Rodolfo Oling Madraga was charged with two (2) counts of rape committed against his own 16-year old daughter, Fe C. Madraga. One was committed on May 19, 1995 (Crim. Case No. 2511-599), and the other one on August 24, 1996 (Crim. Case No. 2515-602). [2] At the arraignment on November 4, 1996, accused-appellant, with the assistance of Atty. Antonio D. Banico, entered separate pleas of not guilty for each case. Thereafter, the trial proper of the cases was set to November 18, 19, and 20, 1996. [3] On November 18, 1996, Atty. Banico, counsel for the accused, moved that they be given time up to December to talk with complainant's mother so that the accused will plead guilty to the first case, but will seek for the dismissal of the second case. The complainant's mother, who was in Court, manifested that she does not agree to the proposition. Trial of the cases was re-set to December 2, 3 & 4, 1996. [4] On December 2, 1996, counsel for the accused manifested that the accused was willing to enter a plea of guilty to the crime of rape, which was committed in the month of May, 1995, provided that the other case be tried on another date. Thus, accused pleaded guilty in Criminal Case No. 2511-599 upon the following complaint: "The undersigned complainant, a minor of sixteen (16) years of age, under oath, accuses her father, Rodolfo Oling Madraga, of the crime of Rape, committed as follows: "That sometime in the month of May, 1995, and within the jurisdiction of this Honorable Court, viz., at Barrio Militar, Barangay Menzi, Municipality of Isabela, Province of Basilan, Philippines, the above-named accused who was under the influence of liquor, entered the room of the undersigned complainant, who was then sleeping, and by means of force and intimidation, did then and there willfully, unlawfully, and feloniously remove the short pant (sic) and panty of the undersigned complainant, lay on top of her and insert his penis inside her vagina, and succeeded in having carnal knowledge of the undersigned complainant, against her will. "Contrary to law." [5] Thereafter, the prosecution presented its evidence which consisted of the private complainant's testimony and the medical certificate issued by Dr. Nilo Barandino. Private complainant's testimony revealed that: "Fe Madraga, 16 years old, is the daughter of Rodolfo Madraga, a tricycle driver (TSN, December 2, 1996, pp. 4-5). Her mother, Flordelina Madraga, was in Sabah, Malaysia, working as a domestic helper. "When her mother left for Malaysia, Fe and her brothers and sisters stayed with their grandfather, Luis Cotamco Sr., at Calle Bisaya (Ibid., p. 5). On the other hand, Rodolfo Madraga remained at the family residence at Barrio Militar, Menzi, Isabela, Basilan Province (Ibid, p. 6). "Sometime in January 1995, Rodolfo Madraga took his children from their grandfather and forced them to stay with him at the family residence (Ibid, pp. 6 & 7). "Sometime in May 1995, at 12:00