People v Dogaojo
December 3, 2001 | Per Curiam
Doctrine: The Solictor General can take the side of
the accused instead of the People.
FACTS:
 Domingo Dogaojo was charged before the
Malolos RTC with seven counts of rape
allegedly committed against his minor
daughter, Melinda Dogaojo.
 The trial court found him guilty and
sentenced him to suffer seven death
penalties. The case was elevated to the SC
on automatic review.
 On various dates between March 1996 to
December 1996, Dogaojo allegedly had
carnal knowledge of his 11 (12 on the last
information) year old daughter by means of
force and intimidation against her will and
consent.
 Accused-appellant pleaded not guilty to the
charges.
 Melinda Dogaojo testified that Dogaojo is
her father and that he violated her seven
times. She was born on Nov. 19, 1984.
 First incident: March 21, 1996 at 11:30am at
their house at Barangay Kaybanban, San Jose
Del Monte Bulacan. Melinda’s mother and her
two younger brothers, Arnold and Albert, were at
the well washing clothes. Melinda was alone in
the room when her father pushed her to the
wooden bed. She fell down. He began to
remove her clothes. Melinda tried to resist by
pushing and kicking him. Domingo succeeded
removing her shorts and underwear, he also
removed his shorts and underwear. He pulled
her feet and spread her legs while she continued
to struggle. He lay on top of her, fondled his
organ and inserted it into her vagina by making
a push and pull movement for one minute. She
felt pain in her private part. Dogaojo got up when
he heard Melinda’s brother coming. He put on
his short pants and told Melinda not to tell
anybody about what happened. He threatened
to kill her if she does.
 Second incident: March 22, 1996 in the same
house. The family was lying on the wooden bed.
At 1am, Melinda was roused from her sleep
when Dogaojo got up and went to her side (they
were sleeping at opposite ends). He pushed her
two brothers toward her mother then he
undressed her. She wept while resisting his
advances. After removing her clothes, he laid on
top of her and held her hands to keep her from
moving. He inserted his penis into her vagina
and made a push and pull movement for about
one minute. Melinda again felt pain in her
genitalia. He then stood up which caused Mila to
wake up and asked him what he was doing. He
said he was looking for something. Mila also
asked Melinda why she was awake and she told
her that she was awakened by a mosquito.
 This went on for three times more and on all
occasions, he succeeded in having sexual
intercourse with Melinda against her will.
 Last incident: December 17, 1996 in the family’s
new house. Melinda woke to find her father
naked on top of her. He removed her shorts and
underwear and inserted his penis into her vagina.
She tried to get up but he stopped her. He made
a push and pull movement, after two minutes, he
stood up because a white substance came out
of his organ. He wiped it and told Melinda not to
tell anybody what happened.
 A week after the last incident, Melinda
moved to the house of her sister, Vangie.
She told Vangie what her father did to her
and they informed their mother of what
happened. The mother didn’t believe them
so Vangie accompanied Melinda to the
police.
 Dr. Antonio Vertido, the Medico-Legal
Officer of the NBI testified on the result of
Melinda’s physical examination which
concluded that her physical virginity was
preserved. (Hymen intact)
 Dogaojo and Mila testified for the defense:
o He and his wife have eight living
children. Only three are staying with
them. Melinda has been living with
her sister since 1995.
o He denied raping Melinda and posed
an alibi. Said he was working as a
mason-carpenter from Monday to
Saturday and slept at the site during
weekdays.
o He said that Melinda’s motive in
filing the complaint against him is
 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
power.
 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
General)

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.

DISPOSITIVE: IN VIEW WHEREOF, the Decision

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