[NEW TRIAL OR RECONSIDERATION] • Such serious discrepancy raised substantial doubt as to the guilt of the accused-

05 PEOPLE v. DEL MUNDO appellant.

Sept. 20, 1996 | Romero, J. |
Dispositive
Doctrine: New trial granted where a serious discrepancy between two medical reports WHEREFORE, we hereby SET ASIDE the judgment of conviction of accused-
raised substantial doubt as to the guilt of the accused. appellant Victorino del Mundo and REMAND the cases to the court a quo for a new
trial only for the purpose of allowing said accused to present additional evidence in
Facts: his defense. The trial court shall inform this Court of the final outcome of the cases
• Victorino Del Mundo was charged with 6 counts of rape filed by his 10-year old within a reasonable time.
daughter Marivic Del Mundo
• Prosecution witness Dr. Jun Concepcion, City Health Officer of Cabanatuan City
who conducted Marivic’s medico-legal examination, testified that there was
evidence of external injury and penetration
• Defense called Marivic del Mundo who identified an affidavit of desistance
executed by her dated November 17, 1994
• Notwithstanding complainant’s affidavit of desistance, the court sentenced
Victorino to suffer penalty of reclusion perpetua
• Jan 24, 1996 — Victorino filed a verified MNT on the ff grounds:
◦ New and material evidence has been discovered
◦ Irregularities committed during the trial prejudicial to the substantial rights of
Victorino
◦ Marivic Del Mundo has recanted her testimony which, if not considered, will
result in a miscarriage of justice
• Victornio, through his counsel, submitted to SC annexes — one of which is the
Medical Reportof the examination conducted on Marivic Del Mundo by NBI
Medico Legal Division dated August 30, 1995 wherein it was stated that the
victim’s physical virginity was preserved

Issue:
W/N a new trial is proper — YES

Held:
YES/NO. Mini explanation to ruling
• Aside from the recantation by complainant Marivic Del Mundo, the medical report
submitted and issued by the Medico Legal Division of the NBI is diametrically
opposed to the medico legal report of Dr. Jun Concepcion
• Although the NBI Report executed a year later stated that Marivic’s physical
virginity was preserved, the earlier report by the Cabanatuan City Health Officer
stated that there were abrasions, injury and lacerations indicating a penetration of
the vagina.
• While the NBI-Medico Legal report cannot be considered new and material
evidence which accused could not with reasonable diligence have discovered and
produced at the trial, we grant the motion for new trial on the broader ground
of substantial justice, taking into account the variance in the two aforesaid
reports.