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As to acquittal: Even with all of the compelling and persuasive scientific evidence presented by
petitioner and his counsel, we are not convinced that Reynaldo de Villa is entitled to outright
acquittal. As correctly pointed out by the Solicitor General, even if it is conclusively proven that
Reynaldo de Villa is not the father of Leahlyn Mendoza, his conviction could, in theory, still
stand, with Aileen Mendozas testimony and positive identification as its bases. The Solicitor
General reiterates, and correctly so, that the pregnancy of the victim has never been an element
of the crime of rape. Therefore, the DNA evidence has failed to conclusively prove to this Court
that Reynaldo de Villa should be discharged. Although petitioner claims that conviction was
based solely on a finding of paternity of the child Leahlyn, this is not the case. The courts
conviction was based on the clear and convincing testimonial evidence of the victim, which,
given credence by the trial court, was affirmed on appeal.