PEOPLE OF THE PHILIPPINES, APPELLEE, VS. EDGARDO DIMAANO, APPELLANT.
G.R. NO. 168168
September 14, 2005
FACTS: On January 26, 1996, Maricar Dimaano charged her father, Edgardo Dimaano with two
(2) counts of rape and one (1) count of attempted rape.
Maricar Dimaano is the daughter of the accused Edgardo Dimaano. A complaint was filed by
Maricar charging Edgardo with two counts of Rape and one count of attempted rape. Maricar
alleged that she was only 10 years old when her father Edgardo started sexually abusing her. It
was only on November of 1995 that she confided the sexual abuses to her mother. The last sexual
assault happened in the afternoon of January 1, 1996.
Maricar and her mother went to Camp Crame upon the advised of a relative. The Medico-Legal
Officer at the PNP Crime Laboratory examined the complainant and found her to have suffered
deep healed hymenal lacerations and was in a non-virgin state.
On the other hand, the accused denied such accusations. He contended that he could not have
raped Maricar because he was always in the office. He claimed that it was impossible for him to
rape his daughter because there were other people in the house. He further argued that had he
raped Maricar, then she would have not accompanied him to the Paranaque Police Station to
apply for police clearance.
The trial court rendered its decision, convicting Edgardo of the crime of Rape. Aggrieved, he
appealed his case before the Court of Appeals but the latter affirmed the decision of the trial court.
ISSUES:
I. Whether or not the evidence adduced by the prosecution has overcome the presumption of
innocence of the accused.
II. Whether or not the voluntary and due execution of the affidavit of desistance by the private
complainant should have been duly considered as a factor which put to doubt the reasons behind
the filing of the criminal charges of rape against herein accused.
RULING: The trial court correctly imposed the penalty of reclusion perpetua in Criminal Case No.
96-125 as the rape was committed in September 1993 prior to the effectivity of R.A. No. 7659,
otherwise known as the Death Penalty Law, on December 31, 1993. Prior to R.A. No. 7659, Article
335 of the Revised Penal Code imposes the penalty of reclusion perpetua for the the crime of
rape, when committed against a woman who is under 12 years old or is demented. Anent the
rape in Criminal Case No. 96-150 which was committed on December 29, 1995, Article 335, as
amended by R.A. No. 7659, thus applies.
It provides: ART. 335. When and how rape is committed. - Rape is committed by having carnal
knowledge of a woman under any of the following circumstances:
1. By using force or intimidation;
2. When the woman is deprived of reason or otherwise unconscious; and
3. When the woman is under twelve years of age or is demented.
The crime of rape shall be punished by reclusion perpetua.
The death penalty shall also be imposed if the crime of rape is committed with any of the following
attendant 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.
In Criminal Case No. 96-150, appellant was correctly sentenced to death as the special qualifying
circumstances of minority and relationship were properly alleged in the information and proved
during trial by the testimonies of the complainant, her mother and the appellant himself; they were
also supported by the photocopy of the marriage certificate and birth certificate, respectively.
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LITA, RACHELLE M.
