 People v Belmaldez (294 SCRA 317 [1998])

G.R. No. 109780 August 17, 1998

PEOPLE OF THE PHILIPPINES, plaintiff-appellee
vs.
RODOLFO BERNALDEZ @ "Dolfo," accused-appellant

Facts:
Rodolfo Bernaldez from Polangui,Albay was accused of raping his 10-year-old niece,Maria Teresa Bernaldez, at his
home in the morning of August 29, 1990. The next day, the incident was revealed to the complainant’s father after he
had tasked the complainant to borrow money from the accused which she was reluctant to do so.

The prosecution presented as its witnesses the complainant and her father Pedro Bernaldez, the accused full-blooded
brother. However, Dr. Nancy de la Paz, who examined the victim and issued the medical certificate, failed to testify.

The victim had narrated clearly and readily identified the accused as the malefactor while Pedro, the father, testified
that the accused lives in a house “two hills away” and confirmed that his daughter revealed the incident after he had
hit her with his belt several times for refusing to go as instructed.

The accused denies the allegation and had alibi for his defense. Both the overseer and the complainant’s teacher
testified that the accused was at his workplace and the complainant was at school on August 29, respectively.

The trial court gave weight to the medical certificate issued on 3 September 1990 by Dr. De la Paz, who was a
government doctor at the time. In considering the medical certificate despite the failure of Dr. De la Paz to testify
thereon, the trial court reasoned that such document, being an act done by a public officer, was presumed to be done
regularly unless proved otherwise.

Issue:
Whether or not the court erred in giving weight to the medical certificate issued.

Ruling:
Yes. The trial court erred in giving weight to the medical certificate issued by Dr. De la Pat despite the failure of the
latter to testify. The certificate could be admitted as an exception to the hearsay rule. However, since it involved an
opinion of one who must first be established as an expert witness, it could not be given weight or credit unless the
doctor who issued it be presented in court to show his qualifications. Nevertheless, a medical examination is not
indispensable in a prosecution for rape. The lone testimony of the victim is sufficient if credible.

The SC ruled that RODOLFO BERNALDEZ, alias "Dolfo," was guilty beyond reasonable doubt of the crime of rape