4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

ENBANC

[G.R.Nos.14765052.October16,2003]

PEOPLEOFTHEPHILIPPINES,appellee,vs.RODOLFOS.PEPITO,appellant.

DECISION
PERCURIAM:

RODOLFOS.PEPITOwasfoundguiltybythecourtaquoofthree(3)countsofrapeperpetrated
againsthisowndaughterJelyn.Foreachcount,hewassentencedtodeathandorderedtoindemnify
[1]
Jelyn P50,000.00 as moral damages and P25,000.00 as exemplary damages. This case is now
beforeusonautomaticreviewpursuanttolaw.
The prosecution built its case around the testimonies of five (5) witnesses: private complainant
Jelyn Pepito, Medical Officer Dr. Efraim Collado, DSWD Social Worker Lilibeth SantosPalinis,
accuseds maternal halfbrother Joseph Francisco, and accuseds younger sister Jocelyn Bueno.
Culled from their testimonies, Jelyns calvary started when she was eight (8) years old. Born on 22
[2]
August1980 Jelynistheeldestofseven(7)childrenoftheaccusedRodolfoS.Pepitoandhiswife
ThelmaPepito.She lived with her parents, her three (3) brothers and three (3) sisters in Barangay
[3]
Balani, Sen. Ninoy Aquino, Sultan Kudarat. They had a farm in Kalibuhan, Palimbang, Sultan
Kudarat,whichservedastheirfamilyhomestead.
JelynonlyreachedGradeV.Shewasnotabletofinishherelementaryeducation.Sinceshewas
eight (8) her father had already been molesting her, kissing her and playing with her breasts and
[4]
privateparts. Thisepisodeinherlifewasknowntohermotherwhochosetoignoreitoutoffearof
[5]
her father. He would threaten both of them with a gun. It was only when Jelyn was nearing her
fifteenth(15th)birthdaythatherfatherfinallyconsummatedhissexualassaultonherwhichcontinued
until30August1997.
[6]
Inhersupplementalswornstatement, Jelyndeclaredthatofthemanytimesherfatherabused
hershecouldonlyremembervividlythree(3)instances:on26July1995whenshewasrapedbyher
fatherforthefirsttimeon9June1996whenshewasrapedduringthebirthdayofheryoungestsister
[7]
Jemayde and,on30August1997beingthelasttimeherfatherrapedher.
Jelynwasonlyfourteen(14)whenherfatherfirstsexuallyabusedher.Ithappenedintheevening
of26July1995whenherbrothersRino,Ronillo,RomyandsistersJovelynandJonavieweresleeping
withherinsidetheirroominBarangayBalani,Sen.NinoyAquino,SultanKudarat,whileheryoungest
sisterJemaydesleptwiththeirmotherinanotherroom.Jelynwasawakenedwhenshefeltsomebody,
whom she later recognized to be her father, touched her breasts and private parts. Jelyn struggled
andtriedtoawakenherbrothersandsistersbuttheaccusedpushedthemawayfromherandwarned
her not to move. He pinned down her hands and knees, covered her mouth with his hands and
[8]
threatened to kill her when she attempted to shout. Thereupon, he ordered her to remove her
underwear.Whensherefusedheboxedherintheabdomen.Afterremovingherunderwearandshort
pants,hemountedherandinsertedhispenisbyforceintohervagina.Jelynfeltpain.The accused
simultaneouslymassagedandsuckedherbreastsandmadeapushandpullmovementaboveherfor
[9]
aboutfive(5)minutes. Aftersatisfyinghislust,hegotupandwenttotheotherroomtosleepwith

http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 1/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

her mother. The following morning Jelyn confided to her mother what happened to her the night
[10]
before.Buthermotherdidnotreactaccordinglyforfearthattheaccusedmightkillthem.
On 9 June 1996, birthday of Jelyns younger sister Jemayde, the accused again sexually
assaulted Jelyn who was then sleeping in the same room with her brothers Ronillo and Romy and
sistersJovelynandJonavie.Somebodyturnedoffthelightandenteredtheroom.Itwasherfather.He
raised her Tshirt, removed her underwear and short pants, touched her breasts and private parts,
spread her legs, mounted her and forcibly inserted his penis into her vagina. She resisted but her
fatherheldheronbothhands.Jelynagainfeltpainasherfatherdidthepushandpullmovementon
[11] [12]
topofher. He warnedhernot to shout.With his gun, she could no longer resist him. After the
accusedwasthroughwithher,hereturnedtotheotherroomwhichhesharedwithhermother.The
following morning Jelyn tried to tell her mother again about the incident, but because of fear her
[13]
mothercouldonlyadvisehernottoinformanybodyaboutwhathappenedtoher.
Intheeveningof30August1997,aftercomingfromafour(4)hourtripbyfoottoplantcornin
[14]
Kalibuhan, Palimbang, with her mother and sister Jemayde, another incident happened. While
sleepingbesidehersisterontheflooroftheirhutandabouthalfameterawayfromhermother,her
fatherwhowassleepingwithhermothermovedtoher(Jelyn)sideandwithoutherconsentremoved
herlongpantsandunderwear.Shepushedhimawaybutheboxedher.Itwassostrongthatitcaused
hertobumpapostwhichrenderedherunconscious.Butbeforesheblackedout,Jelynwasableto
wakeJemaydeupwhobitandkickedtheirfatherwhowasintheactofsexuallyabusingJelyn.
Before appellant could satisfy his lust, Jelyn regained consciousness. Their mother incidentally
wokeupandsawwhathewasdoingtotheirdaughter.Jelynsmotherattemptedtocometoherside
buttheaccusedthreatenedherwithhisgun.Hermothercouldnotdoanything.Hersisteraskedthe
accused what he was doing to Jelyn and he said that he was riding (sakaysakay) Jelyn. After his
lechery, the accused lay down beside Jelyn but her mother pushed him and positioned herself
betweenthem.Jelynwasnotabletosleepduetobodypainscausedbyherfather.But she had to
[15]
keepthemattertoherselfbecauseshewasafraidofherfather.
SometimeinNovember1997Jelynsuncle,JosephFrancisco,maternalhalfbrotherofherfather
andwhofrequentlyvisitedthemintheirhouseinBarangayBalani,noticedthatJelynlookedpaleand
oftentimesnauseated.Josephfoundoutlateronthroughahilotsummonedbyhisgrandmotherthat
Jelyn was pregnant. He brought Jelyn to the Quijano Clinic in Tacurong, Sultan Kudarat, for
[16]
pregnancytest andtheresultconfirmedherpregnancy.On6December1997Jelynconfidedtoher
[17]
unclethesexualabusesshesufferedinthehandsofherownfather.
Joseph brought Jelyn back to Barangay Balani.On 11 December 1997 he entrusted her to her
auntJocelynBueno,hishalfsister.ForthwiththeyreportedthesexualassaultstotheMunicipalPolice
ofSen.NinoyAquinoandhadthementeredinthepoliceblotter.Jocelynrevealedto the police that
her brother, the accused, had even attempted to sexually assault her when she was still single
althoughshewasabletorepulsehim.
[18]
Theaccusedwasarrestedon16December1997. Eventually,theappropriateInformationwas
[19]
filedagainsthimintheRegionalTrialCourtofIsulan,SultanKudarat,formultiplerape.
Dr. Efraim Collado, Medical Officer V of the Municipal Health Office of the Municipality of
Tacurong,testifiedthatheexaminedJelynon9January1998andfoundthatJelynwasapproximately
inhersixteenth(16th)weekofgestation.Nofurtherinternalexaminationwasnecessarytoprovethe
presence of lacerations as Dr. Collado felt that this was immaterial considering that the victim was
[20]
alreadypregnant.
On 16 January 1998 her aunt Jocelyn Bueno brought Jelyn to the DSWD because her mother
[21]
triedtoconvincethemtowithdrawthecaseandabortthepregnancy. Jelynandherauntweremet
http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 2/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

and admitted by Social Worker Lilibeth SantosPalinis through Social Worker Melba Souribio of
Tacurong,SultanKudarat.
On 24 March 1998 while under the custody of the DSWD, Jelyn gave birth to Angelo Ernesto
Pepitowhodiedthefollowingday.AccordingtoSocialWorkerSantosPalinis,Jelynsmotherwasnot
[22]
supportiveofthecaseagainsttheaccused.
During the arraignment on 25 September 1998, the trial court made the observation that the
casestobefiledagainsttheaccusedshouldbeasmanyastherewereincidentsofrapecommitted
insteadsimplyofmultiplerape.Thus,theprosecutionmovedtodeferthearraignmentoftheaccused
inordertoconductfurtherinquiryforthefilingoftheproperinformations.Accordingly,theInformation
for multiple rape against the accused was amended to conform to the evidence. An amended
[23]
Information(Crim.CaseNo.2491) and two (2) additional Informations for rape (Crim. Case Nos.
[24]
2528and2529) werefiledagainsttheaccused.
On 2 December 1998 the accused pleaded not guilty to each of the charges against him. On
motionoftheprosecutionandthedefense,ajointpretrialandtrialofthecaseswasgranted.Atthe
pretrial,thedefenseadmittedthatprivatecomplainantJelynPepitowasthedaughteroftheaccused
RodolfoS.PepitoandthatJelynPepitowasonlyfifteen(15)yearsoldwhenshewasfirstrapedby
herfather.
Forthedefense,onlytheaccusedRodolfoS.PepitoandhiswifeThelmatestified.Rodolforaised
the defense of denial and alibi plus the fact that he could not sexually abuse his own daughter.He
averredthatforfive(5)yearssince1992helivedinSitioPutingBato,Kalibuhan,Palimbang,Sultan
Kudarat,whilehisfamilywasleftbehindinBarangayBalani.Hevisitedhisfamilyonceortwiceayear
duringthefiestaon10Januaryandthericefestivalon10October.Heconfirmedthefactthatitwould
takefour(4)hoursbywalkingtoreachBarangayBalanifromKalibuhan,adistanceofsomethirteen
(13)kilometers.
Onthedatesoftherapeschargedagainsthim,theaccusedclaimedhewasworkinginhisfarm.
On26July1995hewasinKalibuhanandwasnotabletovisithisfamilyinBanaliduringsaidmonth.
On 9 June 1996 he was also in Kalibuhan working in his farm. On 30 August 1997 he was still in
Kalibuhan but his wife, together with their children Jelyn, Ronillo, Romy, Jovelyn and Jemayde and
someofhisnephewsandnieces,wastherewithhimtocelebrateRonillosbirthday.Thepartystarted
atsixoclockintheeveningandendedatmidnight.HeassertedthathecouldnothaverapedJelynat
that time for there were many people with them and some of them even slept in their hut. He also
maintainedthathiswifewasnotafraidofhim.Onthecontrary,itwasshewhowouldchasehimwitha
bolo every time she got mad at him. Furthermore, he claimed that his sister Jocelyn Bueno only
concoctedtherapetalesassheharboredagrudgeagainsthim.WhenBuenosawhimatthepolice
station after his arrest, she boxed and struck him on his shoulders shouting because of my long
[25]
grudgeagainstyou,Ihadalreadytakenrevengeagainstyou.
ThelmaPepito,motherofJelyn,testifiedthaton26July1995and9June1996sheandherseven
(7)childrenwereinBarangayBalaniwhileherhusbandwasinKalibuhanworkingintheirfarm.Thus,
her husband could not have raped Jelyn. On 30 August 1997 she went to Kalibuhan with Jelyn,
Ronillo,JovelynandJemaydetocelebratethebirthdayofRonillo.Theirchildren,includingJelyn,slept
intheirfarmhouse.HerhusbanddidnotandcouldnothavesexuallyabusedJelynbecausewewere
manyinourhouseatthattime.ThelmavehementlydeniedhavingbeentoldbyJelynthatherfather
hadrapedherorthatshehadwitnessedherhusbandsexuallyabusingJelyn.Shelikewisedeclared
thatshewasnotafraidofherhusbandbecauseitwasevenshewhowouldrunafterhimwithabolo.
[26]

On rebuttal, the prosecution presented Jelyn anew. She declared that the accused was in their
houseinBarangayBalanion26July1995andstayedthereforaweek.On9June1996theaccused
wasagaininBarangayBalaniandremainedthereforaweek.Further,on30August1997shewasin

http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 3/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

KalibuhantocelebrateherbrotherRonillosbirthday.Itwastruethattherewerevisitorswhoattended
[27]
thepartybuttheyallwenthomesoonafter.
On15December2000thetrialcourtfoundtheaccusedRodolfoPepitoguiltybeyondreasonable
doubtofthree(3)countsofrapecommittedagainsthisminordaughterJelynandsentencedhimto
deathforeachcount.
Appellant Pepito now contends that the trial court erred in convicting him of three (3) counts of
rapeaschargedinthree(3)separateInformationsdespitetheexistenceofsomeformofconsenton
thepartofthevictimwhichnecessarilycreatedreasonabledoubtonhisguilt.Helikewiseclaimsthat
thetrialcourterredinimposingthedeathpenalty.
In his first assigned error, appellant harps on the lack of resistance and struggle exerted by the
privatecomplainantduringthethree(3)occasionsshewassupposedlyabused.Heaversthathewas
abletosucceedinplacinghimselfontopofJelynconsideringthatasshowninthefirstandsecond
incidents of rape, there was no tenacious objection on her part. He asseverates further that Jelyn
could have kicked him or kept on struggling until such time that he would desist from his sexual
assaultorshecouldhaveshoutedforhelpsothatherbrothersandsisterswouldbeawakened.Her
comportmentshowedapassiveratherthandeterminedresistance.Furthermore,hestatesthatthisis
contrarytotherulethattheoffendedpartyinrapecasesmustputupsomeresistancetoprotecther
chastity,notonlyattheinitialstageoftheassaultbutduringallthetimethatthedastardlyactisbeing
donetoher.Hegaugessuchactuationastantamounttoconsent,thusmakinghisconvictionforthree
(3)countsofrapeerroneous.
Wearenotpersuaded.Suchtheoryofappellantisunavailing,asitisbeliedbythetestimonyof
Jelynthatshestruggledagainsthissexualadvancesbytryingtoshoutandattemptingtoawakenher
siblingswhowerewithherintheroom.Undoubtedly,suchresistancenegatesconsent.Besides,itis
highlyinconceivablethatJelynwouldsimplyyieldtothebestialdesiresofherownfatherhadnother
resistance been overpowered. Contrary to appellants contention, failure to shout or offer tenacious
resistance does not make voluntary the victims submission to his criminal acts considering that he
washerfatherwhohasgreatmoralascendancyoverher.
[28]
Resistance is not an element of rape and the absence thereof is not tantamount to consent.
Threatorintimidationemployedbyrapistsagainsttheirvictims,especiallywhentheyareminors(in
thiscasetherapistsownminordaughter)issuchastoeasilyforcethelatterintosubmission.Physical
resistance need not be established in rape when intimidation is exercised upon the victim and the
[29]
latteryieldsherselfagainstherwillbecauseoffearforherlifeandpersonalsafety.
In the case at bar, it is convincing that a girl below the age of eighteen (18), especially one in
Jelynscircumstances,wouldperceivethethreatsonhertobeespeciallyintimidating.Intimidation is
addressedtothemindofthevictimand,beingsubjective,itspresencecannotbetestedbyanyhard
andfastrulebutshouldinsteadbeviewedinlightofthevictimsperceptionandjudgmentatthetime
[30]
of the commission of the crime. In any event, it is worthy to note that appellant exercised moral
ascendancyoverher.Hewasherfatherandthemanofthehouse.Thus,itwasnothardforhimto
frightenherandforhertoeasilygivein.
In review of rape cases, we have been guided by certain precepts.First, an accusation of rape
can be made with facility. It may be difficult to prove, but it is even more difficult for the accused,
thoughinnocent,todisprove.Second,the complainants testimony must be scrutinized with extreme
caution.Thisprinciplefindsitsbasisintheverynatureofthecrimewhereusuallyonlytwo(2)persons
areinvolved.Third,theevidencefortheprosecutionmuststandorfallonitsownmeritsandcannot
[31]
beallowedtodrawstrengthfromtheweaknessoftheevidenceforthedefense.
We have delved through the records of the case, especially Jelyns testimony, and we find no
reason to doubt that she was telling the truth when she declared that her father had raped her. No
younggirl,indeed,wouldconcoctasordidtaleofsoseriousacrimeasrapeatthehandsofherown
http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 4/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

father, undergo medical examination, then subject herself to the stigma and embarrassment of a
[32]
public trial, if her motive were other than an earnest desire to seek justice. This holds true
especially where the complainant is a minor, whose testimony deserves full credence. And such
[33]
credibility is definitely strengthened when the accusing finger is pointed at a close relative. The
courtneedonlytoestablishthecredibilityofthevictim.
Moreover, it has been shown that Jelyn was trembling and in tears during her direct and cross
examinations. Such display of raw emotions indicates the pain and humiliation that she felt as she
[34]
recounted the details of her sordid experience. The fact that Jelyns own mother testified in the
accusedsdefensedoesnotrenderhertaleanylesstrue.Infact,underthecircumstances,hermother
shouldbecondemnedforassumingsuchstancetotheprejudiceofherowninnocentminordaughter.
It is a sad reality of life that some mothers actually choose to suffer in silence with their daughters
ratherthanriskembarrassmentofpublictrialand,forthoseinthemarginalizedsector,risklosingtheir
[35]
meansofsupportwhentheirbreadwinnerhusbandslandinjail.
Further, appellants imputation of ill motive on his sister Jocelyn Bueno is an act of utter futility.
Thathissisterwho has a long standing animosity toward him allegedlyfabricatedtherapecharges
thusmakingfalseJelynsaccusations,ishisfutileattemptatexculpation.Thisshowshisdespairfora
credible defense. Family resentment, revenge or feud has never swayed this Court from giving full
[36]
credencetothetestimonyofacomplainantforrape, especiallyaminorlikeJelyn,whoremained
steadfastinhertestimonythatshewasrepeatedlysexuallyabused.Alltold,thetrialcourtobserved
that the testimony of Jelyn was given in a convincing manner and duly corroborated by the events
whichfollowedaftershewasraped.Weseenoreasontodepartfromthesefindings.
Thatappellantcouldnotdefilehisownseedandravishheronthree(3)differentoccasionsinthe
presence of his family is a refutation which is both dubious and egotistic. Appellants denial is
unsubstantiated by clear and convincing evidence, hence deserves no weight in law and cannot be
given greater evidentiary value than the testimony of a credible witness who testified on affirmative
[37]
matters.
Contrarytoappellantscontention,rapeisnotrenderedimpossiblesimplybecausethesiblingsof
thevictimwhowerewithherinthatsmallroomwerenotawakenedduringitscommission.Lusthas
noregardfortimeandplace.Likewise,thereisnorulethatrapecanonlybecommittedinseclusion.
Infact,rapehasbeendoneeveninplaceswherepeoplegatherorwhenthereareotheroccupantsin
the same room or where other members of the family are also sleeping. Moreover, young children
sleepmoresoundlythangrownupsandtheyarenoteasilyawakenedbyadultexertions,gyrationsor
[38]
suspirationsinthenight.
Likewise, the alibi of appellant that he was farming in Kalibuhan and was not able to visit his
familyattheallegeddateofthefirstandsecondincidentsispuerile.Forhisalibitoprosper,hemust
notonlyprovehispresenceatanotherplaceatthetimeofthecommissionoftheoffense,buthemust
demonstratethatitwouldbephysicallyimpossibleforhimtobeatthelocuscriminisatthetimeofthe
[39]
commission of the crime. Since Barangay Banali is just a four (4)hour walk from Kalibuhan
appellantwasnotsofarawaythathecouldnothavebeenphysicallypresentatthecrimesceneat
thetimeofitscommission.
Inhissecondassignederror,appellantclaimsthatthetrialcourterredinsentencinghimtodeath.
Article335ofTheRevisedPenalCode,asamendedbySec.11ofRA7659,providesinteraliathat
thedeathpenaltyshallbeimposedifthecrimeofrapeiscommittedwhenthevictimisundereighteen
(18) years of age and the offender is a parent, ascendant, stepparent, guardian, relative by
consanguinityoraffinitywithinthethirdcivildegree,orthecommonlawspouseoftheparentofthe
victim.Pursuantthereto,thequalifyingcircumstancesofrelationshipandminoritymustconcur.Both
qualifying circumstances must be alleged in the information and proved during the trial. As these

http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 5/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

circumstances raise the penalty of the crime to death, extreme care must be exercised in their
[40]
evaluation.
Onthispoint,thetrialcourtiscorrect.TheInformationsallegedboththeminorityofthevictimand
herrelationshipwithappellant.Thepretrialordershowedthatrelationshipwasdulyestablishedwith
appellant admitting categorically that he is the father of Jelyn. The minority of Jelyn was likewise
establishedwhenthedefenseadmittedthefactthatJelynwasrapedwhenshewasonlyfifteen(15)
yearsofage.
Under Sec. 4, Rule 118 of The Revised Rules of Criminal Procedure, after the pretrial
conference,thecourtshallissueanorderrecitingtheactionstaken,thefactsstipulated,andevidence
marked. Such order shall bind the parties, limit the trial to matters not disposed of and control the
courseoftheactionduringthetrial,unlessmodifiedbythecourttopreventmanifestinjustice.
Pretrial in criminal cases is now mandatory. The purpose of entering into a stipulation or
admissionoffactsistoexpeditetrialandtorelievethepartiesandthecourt,aswell,ofthecostsof
proving facts which will not be disputed on trial and the truth of which can be ascertained by
reasonable inquiry. These admissions during the pretrial conference are worthy of credit. Being
mandatoryinnature,theadmissionsmadebyappellantthereinmustbegivenweight.
Consequently, we affirm the trial courts imposition of the death penalty. The relationship of
appellanttothevictimandherminoritywassufficientlyallegedandproved.Whilenobirthcertificate
oranyofficialdocumentwaspresentedtoproveJelynsage,weupholdthetrialcourtsappreciationof
thequalifyingcircumstanceofminority.Aspreviouslystated,thedefensemadeadmissionsduringthe
pretrialthatthevictimwastheappellantsdaughterandthatshewasonlyfifteen(15)yearsoldatthe
time of rape. Further, Jelyns declaration as to her date of birth in her affidavit coupled with the
accuseds admission during trial that Jelyn was born on 22 August 1980 sufficiently established her
minority.Hence,abirthcertificateoranyotherofficialdocumentisnolongernecessarytoestablish
theminorityofthevictimsincethesamewasadmittedduringthepretrial,andneverdisputed,bythe
accused.
Astodamages,whilethetrialcourtawardedP50,000.00asmoraldamagesandP25,000.00 as
exemplarydamages,itfailedtograntcivilindemnitywhichismandatoryuponafindingofrape.Civil
indemnity is distinct from and should not be denominated as moral damages, which is based on
differentjuralfoundations.IndemnityexdelictointheamountofP50,000.00isautomaticallygivento
[41]
theoffendedpartywithoutneedoffurtherevidenceotherthanthefactofrape. In line with recent
[42]
jurisprudence,anawardofP75,000.00 is proper when rape is in its qualified form. We affirm the
awardofmoraldamageswhichisalsogivenwithoutneedofproofotherthanthecommissionofrape
[43]
butshouldbeincreasedtoP75,000.00. WelikewiseaffirmtheawardofP25,000.00asexemplary
[44]
damages because of the duly established circumstance of relationship and to deter fathers with
[45]
perverttendenciesandaberrantsexualbehaviorfrompreyingupontheiryoungdaughters.
Three(3)membersofthisCourt,althoughmaintainingtheiradherencetotheseparateopinions
expressed in People v. Echegaray that RA 7659, insofar as it prescribes the penalty of death, is
unconstitutional,neverthelesssubmittotherulingofthemajoritythatthelawisconstitutionalandthat
thedeathpenaltyshouldaccordinglybeimposed.
WHEREFORE, the Decision of the court a quo finding appellant RODOLFO S. PEPITO guilty
beyondreasonabledoubtofthree(3)countsofQualifiedRapeinCrim.CasesNos.2528,2529and
2491andsentencedtosufferthepenaltyofdeathineachcaseisAFFIRMED.Theawardofdamages
is AFFIRMED with MODIFICATION. For each count of qualified rape, appellant is directed to pay
Jelyn Pepito P75,000.00 as civil indemnity, P75,000.00 as moral damages, and P25,000.00 as
exemplarydamages.
Let the records of this case be forthwith forwarded to Her Excellency, the President of the
Philippines,forthepossibleexerciseofherpardoningpower.
http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 6/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc

SOORDERED.
Davide, Jr., C.J., Bellosillo, Puno, Vitug, Panganiban, Quisumbing, SandovalGutierrez, Carpio,
AustriaMartinez,CarpioMorales,Callejo,Sr.,Azcuna,andTinga,JJ.,concur.
YnaresSantiago,andCorona,JJ.,onleave.

[1]
DecisionpennedbyJudgeGermanM.Malcampo,RTCBr.19,Isulan,SultanKudarat,dated15December2000.
[2]
Exh.BRecords,p.3.
[3]
CurrentlyunderthecustodyoftheDSWD,CotabatoCity.
[4]
Exh.ARecords,p.6.
[5]
Id.,p.7Exh.A1.
[6]
Exh.CRecords,p.30.
[7]
AlsospelledintherecordsandTSNasJenaide,Jemaidy,Jemaydie.
[8]
TSN,21April1999,pp.1520.
[9]
TSN,20April1999,pp.1013.
[10]
TSN,21April1999,pp.35.
[11]
TSN,20April1999,pp.49.
[12]
TSN,21April1999,pp.67TSN,4May1999,p.3.
[13]
TSN,20April1999,pp.1011.
[14]
TSN,4May1999,pp.6and8.
[15]
TSN,20April1999,pp.1220.
[16]
Exh.HRecords,p.74.
[17]
TSN,6May1999,p.5.
[18]
TSN,7May1999,p.34and6.
[19]
Records,p.27.
[20]
TSN,5May1999,pp.47.
[21]
TSN,4May1999,p.25.
[22]
TSN,5May1999,pp.1415and25.
[23]
Rollo,p.11.
[24]
Records,pp.156and161.
[25]
TSN,16July1999,pp.916.
[26]
Id.,pp.18.
[27]
TSN,4October1999,pp.26.

http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 7/8
4/11/2017 PeoplevsPepito:14765052:October16,2003:PerCuriam:EnBanc
[28]
Peoplev.Dizon,G.R.No.129236,17October2001,367SCRA417.
[29]
Peoplev.UmbaaG.R.Nos.14686264, 30 April 2003 Peoplev. Delos Reyes, G.R. No. 133385, 7 December 2001,
371SCRA595.
[30]
Peoplev.Nogar,G.R.No.133946,27September2000,341SCRA206.
[31]
Peoplev.Umbaa,supraatNote29.
[32]
Peoplev.Metin,G.R.No.140781,8May2003Peoplev.Bernabe,G.R.No.141881,21November2001,370SCRA
142.
[33]
Peoplev.Esperanza,G.R.Nos.13921724,27June2003.
[34]
Peoplev.Manlod,G.R.Nos.14290102,23July2002.
[35]
Peoplev.Calamlam,G.R.Nos.13741415,29May2003Peoplev.Arves,G.R.Nos.13462830,13October2000,343
SCRA123.
[36]
Peoplev.Viajedor,G.R.No.148138,11April2003.
[37]
Peoplev.Serrano,G.R.No.137480,28February2001,353SCRA161.
[38]
Peoplev.DelosReyes,G.R.No.133385,7December2001,371SCRA595.
[39]
Peoplev.Mercado,G.R.No.139904,12October2001,367SCRA252.
[40]
Peoplev.Padilla,G.R.No.137648,30March2001,355SCRA741.
[41]
Peoplev.Baldoz,G.R.No.140032,20November2001,369SCRA690.
[42]
Peoplevs.Escano,G.R.Nos.14021823,13February2002.
[43]
Peoplevs.Sambrano,G.R.No.143708,24February2003.
[44]
Peoplev.Biong,G.R.Nos.14444547,30April2003.
[45]
Peoplev.Purazo,G.R.No.133189,5May2003.

http://sc.judiciary.gov.ph/jurisprudence/2003/oct2003/147650_52.htm 8/8