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People v Dogaojo when Dogaojo got up and went to her side (they

December 3, 2001 | Per Curiam were sleeping at opposite ends). He pushed her
two brothers toward her mother then he
undressed her. She wept while resisting his
Doctrine: The Solictor General can take the side of advances. After removing her clothes, he laid on
the accused instead of the People. top of her and held her hands to keep her from
moving. He inserted his penis into her vagina
FACTS: and made a push and pull movement for about
one minute. Melinda again felt pain in her
 Domingo Dogaojo was charged before the genitalia. He then stood up which caused Mila to
Malolos RTC with seven counts of rape wake up and asked him what he was doing. He
allegedly committed against his minor said he was looking for something. Mila also
daughter, Melinda Dogaojo. asked Melinda why she was awake and she told
her that she was awakened by a mosquito.
 The trial court found him guilty and
 This went on for three times more and on all
sentenced him to suffer seven death
occasions, he succeeded in having sexual
penalties. The case was elevated to the SC intercourse with Melinda against her will.
on automatic review.  Last incident: December 17, 1996 in the family’s
 On various dates between March 1996 to new house. Melinda woke to find her father
December 1996, Dogaojo allegedly had naked on top of her. He removed her shorts and
carnal knowledge of his 11 (12 on the last underwear and inserted his penis into her vagina.
information) year old daughter by means of She tried to get up but he stopped her. He made
force and intimidation against her will and a push and pull movement, after two minutes, he
consent. stood up because a white substance came out
of his organ. He wiped it and told Melinda not to
 Accused-appellant pleaded not guilty to the
tell anybody what happened.
 Melinda Dogaojo testified that Dogaojo is  A week after the last incident, Melinda
her father and that he violated her seven moved to the house of her sister, Vangie.
times. She was born on Nov. 19, 1984. She told Vangie what her father did to her
and they informed their mother of what
 First incident: March 21, 1996 at 11:30am at
happened. The mother didn’t believe them
their house at Barangay Kaybanban, San Jose
so Vangie accompanied Melinda to the
Del Monte Bulacan. Melinda’s mother and her
two younger brothers, Arnold and Albert, were at
the well washing clothes. Melinda was alone in  Dr. Antonio Vertido, the Medico-Legal
the room when her father pushed her to the Officer of the NBI testified on the result of
wooden bed. She fell down. He began to Melinda’s physical examination which
remove her clothes. Melinda tried to resist by concluded that her physical virginity was
pushing and kicking him. Domingo succeeded preserved. (Hymen intact)
removing her shorts and underwear, he also  Dogaojo and Mila testified for the defense:
removed his shorts and underwear. He pulled
o He and his wife have eight living
her feet and spread her legs while she continued
children. Only three are staying with
to struggle. He lay on top of her, fondled his
organ and inserted it into her vagina by making them. Melinda has been living with
a push and pull movement for one minute. She her sister since 1995.
felt pain in her private part. Dogaojo got up when o He denied raping Melinda and posed
he heard Melinda’s brother coming. He put on an alibi. Said he was working as a
his short pants and told Melinda not to tell mason-carpenter from Monday to
anybody about what happened. He threatened Saturday and slept at the site during
to kill her if she does. weekdays.
 Second incident: March 22, 1996 in the same o He said that Melinda’s motive in
house. The family was lying on the wooden bed.
filing the complaint against him is
At 1am, Melinda was roused from her sleep
that they had an argument regarding and P50,000.00 as moral damages for each count
Melinda having a boyfriend. of the offense charged and proved, and to pay her
o He also said Melinda was prompted the amount of P25,000.00 as exemplary damages.
to file this case by his mother-in-law
who detested him. In accordance with Section 25 of Republic Act
 The trial court found Domingo guilty of all No. 7659 amending Article 83 of the Revised Penal
charges and sentenced him to seven death Code, upon finality of this Decision, let the records
penalties and ordered him to pay Melinda of this case be forthwith forwarded to the Office of
P50,000.00 as moral damages. the President for possible exercise of her pardoning
 Accused-appellant contends that Melinda’s
testimony should not be given credit SO ORDERED.
because the medico-legal report says that
her hymen is still intact.
 The OSG, instead of filing an appellee’s
brief filed a manifestation and motion in
lieu thereof.
o The OSG maintains that the crime
was merely attempted rape.
o The evidence of the prosecution are
conflicting: Melinda testified that
Dogaojo made a push and pull
motion and she felt pain in her
private part but the medical report
says her hymen was intact.

ISSUE: WoN the offense was rape (or merely

attempted rape as contended by the Solicitor

HELD: YES, The offense is rape.

We reject the theory of the Solicitor General that

the crime committed was merely attempted and not
consummated rape. Melinda categorically stated
that her father inserted his organ into her vagina on
all seven occasions of rape. She was certain that
her father was able to penetrate her because she
felt pain in her genitalia. This refutes the theory of
the Solicitor General that there was no penetration
of the male organ into the labia of the female organ,
but merely a touching of its outer surface. The pain
in Melindas private part could only be caused by
the penetration, albeit slight, of the male organ into
its opening.


appealed from is AFFIRMED with the
MODIFICATION that accused-appellant is ordered
to indemnify the victim, Melinda Dogaojo, in the
amount of P75,000.00 as civil indemnity