People vs.

Clemeno
G.R. 215202, March 14, 2018
Third Division, Martires

Facts:
• Clemeno was charged with two counts of rape against AAA, his daughter. As a consequence, AAA got
pregnant and gave birth to a baby boy.
• AAA testified and narrated what happened on the events that she was raped by her father. She
testified that she tried to push him away but she was overpowered.
• Furthermore, the prosecution presented the forensic chemist of the NBI. She testified that she
conducted two DNA tests to determine the filiation of AAA’s child. The results of which confirmed that
there is a 99.999999% probability that Clemeno is the biological father of AAA’s child.
• Clemeno, on the otherhand, denied the charges against him saying that:
• AAA was merely influenced by his brother-in-law to file the rape charges against him because of their
long-standing feud involving a property
• AAA’s act of resistance, when she allegedly tried to push him away, was insufficient to prove that the
sexual intercourse was against her will.
• The Rape charges were doubtful.
• He further alleged that a rape victim’s pregnancy and resultant childbirth are irrelevant in determining
whether or not she was raped. Therefore the DNA test which showed the he fathered AAA’s child
should not be considered in deciding the case against him as this is not an essential element of rape.

Issue: Whether or not the DNA result may be used to establish the crime of rape.

Ruling: Yes.

While it is true that filiation is not an essential element to prove the fact of rape, proof of paternity of
a rape victim's child establishes the fact that the accused, who is a biological match with the
victim's child, had carnal knowledge of the victim, which is an element of rape when it is done
against the latter's will and without her consent.

Under the Rules on DNA evidence, if the value of the probability of paternity is 99.9% or higher, there
shall be a disputable presumption of paternity. 

Clemeno could have disputed the presumption of paternity however, he failed to do so. As a result,
the proof of paternity can be used against him to establish the element of carnal knowledge.

The DNA result corroborates AAA's testimony that Clemeno had carnal knowledge with her, and she
sufficiently established through her testimony that such was done against her will and by force, threat,
and intimidation. Coupled together, completes the elements of rape.