G.R. No. 128364 - PEOPLE OF THE PHILIPPINES, VS. NESTOR JIMENEZ, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing considerations, JUDGMENT is hereby rendered finding the herein accused, NESTOR JIMENEZ[,] guilty beyond reasonable doubt of the crime of [r]ape as principal[,] defined and penalized under Article 335 of the Revised Penal Code and sentences him to [the] penalty of [l]ife [i]mprisonment and to indemnify the offended party, May Linga[,] the sum of FIFTY THOUSAND (P50,000.00) PESOS and to pay the costs." [3] Hence, this appeal filed directly with this Court. [4] The Facts Evidence for the Prosecution In the Appellee's Brief, [5] the Office of the Solicitor General [6] presents the following narration of the facts: "On April 16, 1993, complainant May Linga was at her boarding house in Brgy. Tiniguiban, Puerto Princesa City (TSN, Sept. 8, 1994, p.3). During that period, her sister Socorro, the latter's husband who is the appellant herein, their two (2) children and their housemaid (Fely Gonzales) were staying with her. Socorro's family lived in Quezon, Palawan but they were in Tiniguiban because Socorro was looking for a job while appellant [was] hiding from the relatives of the victim in a murder case [in] which he was charged xxx and [was] facing trial (Ibid., at p.5). "That day, Socorro was in Quezon while her other sister Gina who lived with May in the boarding house, went to Iloilo City (TSN, Sept. 15, 1994, p. 3). Appellant, the two (2) children, the maid and a visitor went to the beach but May declined to go with them as she ha[d] to teach at PVS (TSN, Sept. 8, 1994, p. 6). At about 9:30 o'clock in the morning, she was inside the bathroom when she noticed that someone was inside the house closing the door and windows. She called out the names of her companions in the house but nobody answered. Thinking that a thief had entered the house, she hurriedly went out [of] the bathroom clad in just a polo shirt, skirt and panty. She saw her Kuya Nestor who immediately embraced her and covered her mouth. He pulled her in a lying position, but she struggled, shouting at every possible opportunity (Ibid., at pp. 7-8). Because of appellant's greater strength, he was able to drag May inside the bedroom where she was pushed to the floor. Appellant forcibly undressed May and [he] also removed his shorts (Ibid., at p. 9). Despite May's struggles and pleas for appellant to stop, appellant succeeded in placing himself on top of May and tried to put his penis inside her vagina. May continued with her struggles until appellant boxed her left thigh which weakened her, thus enabling appellant to consummate the bestial act (Ibid., at pp. 11-12). "Afterwards, appellant threatened to kill May and himself as allegedly, his life was already worthless because of the murder charges he was facing. As May was still naked, he repeated his sexual assault, which lasted for about ten (10) minutes. Appellant repeated his threats to kill May and himself afterwards (Ibid., at pp. 13-14). "There was a knock on the door so May was able to run to