PEOPLE V. MALILLOS
Maloles had Leonida checked by: (1) the Municipal
FACTS:
1. On May 25, 1965, Diego Malillos was charged with
rape in the CFI Batangas, Lipa City
2. Venancio Maloles accused Malillos of raping his
daughter, Leonida (an incompetent, deprived of
reason, and with severe mental deficiency).
3. The trial court found Malillos guilty of rape and
sentenced him to reclusion perpetua.
4. Fortunato Magno’s Testimony:
a. While cutting grass in a nearby field, he heard a
woman (Leonida) crying for help coming from a hut.
b. He looked into a hole in the wall of the hut and saw
Malillos on top of Leonida (Malilos’ pants were on
his knees and Leonida’s dress was raised).
c. Malillos saw Magno and threatened him at gunpoint
to ensure his silence.
5. Adriano Villegas’ Testimony:
a. Malillos talked to Villegas regarding plowing the land
of Maloles
b. Malillos admitted to Villegas that he impregnated
Leonida
c. Villegas did not inform Maloles of this revelation
because of the fear that Maloles will take the law
into his own hands
d. Villegas talked to Barrio Captain Gonzaga (his
brother-in-law) about Malillos’ confession
6. Gonzaga and Villegas visited Maloles to inform him of
Malillos’ confession and the crime was reported to the
local authorities.
7.
Health Officer who declared her to be pregnant; and
(2) the National Mental Hospital who declared her to
have the mental intelligence of a person aged 2-4
8. Malillos denied all allegations on the ground of
inconsistencies in the testimonies of Magno, Villegas,
Gonzaga, and Maloles.
9. During trial, Leonida positively identified (in multiple
occasions) Malillos to be her attacker and the father of
her child.
10. Malillos questions the reliance of the lower court
regarding Leonida’s identification of Malillos made to a
leading question of the defense counsel (Atty. Endaya)
during cross-examination.
ISSUE: W/N the Lower Court was correct in relying
on Leonida’s identification of Malillos made
during a leading question?
HELD: YES, the lower court was CORRECT.
1. On multiple occasions during trial, Leonida identified
Malillos to be her attacker and the father of the child
2. When asked by the defense counsel (Atty. Endaya)
and the Lower Court, Leonida was able to positively
identify Malillos.
3. When the Court or the lawyers asked her questions,
she made no answers except those that could be
answered by either yes or no through the nod of her
head and similar to a small child. She would point
somebody if the question called for her to indicate.
 4. I will repeat the same old questions. Nobody
4. When the Court asked, "Is that your child?" She Who taught you to point to the taught me
answered in the affirmative through the nod of her accused?
head 5. So you were not telling the truth No
previously when you testified that answer
5. When the Court also asked her, who was the father of somebody taught you, is that it?
said child, she pointed to the accused Malillos.
Questions asked by the Leonida’s Reply
6. When the Court again asked her to approach the man Court
whom she claimed to be the father of her child, she 1. To make clarification in Yes, Sir.
went nearer the accused and indicated him. order to help the Court,
that is your child, is it not?
7. On the other hand, the answer of Malillos to questions 2. Who is the father of that Diego.
touching upon the acts imputed to him unresponsive child?
and equivocal, if not evasive. 3. What Diego? Stand up and (Witness standing up
point at him. and go down; the
8. Malilos merely answered “No, sir.” to all questions. witness stand and
pointed to the accused
Questions asked by Atty. Endaya: Leonida’s Diego Malillos.)
Reply
1. You pointed to the accused as the Yes, sir. 4. Are you sure and positive? Yes, sir.
father of your child simply because 5. How many times were you No answer
somebody has instructed you to point used by Diego?
him as the father, am I right? 6. Why do you know that it I know.
2. When you revealed after having been Yes, sir. was Diego who is the
called by the Court and in answer to my father of your child?
question you stated that you were 7. Why, did he lay on top of Yes, sir
pointing to the accused as the author of you?
your pregnancy only because you had 8. How many times did he lay Once.
been so instructed, my question is who on top of you?
instructed you to do so? 9. Where? In a hut.
3. The truth is somebody else and not No
Diego, is the author of your pregnancy? answer