G.R. No. 132322 - PEOPLE OF THE PHILIPPINES, VS. ANTHONY ESTRELLA Y IGNACIO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, Dr. Pinggol issued a medical report where she noted the following findings: normal external genitalia (+) 0.2 cm. abrasion at the (L) paraurethral area (+) erythema (on same area) hymen intact (-) vaginal DIC/bleeding cervix pink (-) laceration [16] Dr. Pinggol explained that her observation that there was a 0.2 cm. abrasion at the left paraurethral area meant that there was, using the vernacular, a " maliit na gasgas " of 0.2 cm. "around the opening where the urine comes out." [17] Furthermore, her finding that there was erythema in the same area meant that there was redness present in the 0.2 cm. abrasion. [18] For his part, accused-appellant denied the accusations against him. However, he could not think of any reasons why Cristina would fabricate the accusation against him. [19] In his defense, accused-appellant claimed that at 10:30 p.m. of June 2, 1994, he was at his house sleeping. [20] Accused-appellant averred that in the early evening of that fateful day, he, along with Jr. Ignacio, a cousin, and Penggoy, a friend, were at a store to buy food. At around 8:00 p.m., they proceeded to his house to watch television. [21] While watching television, he fell asleep and awoke at around 11:00 p.m. when he noticed that someone kicked open the door of his house. [22] When this happened, Jr. Ignacio and Penggoy had already left his house. [23] The grandfather of Cristina then entered his house and tried to hack him with a bolo. [24] He was able to parry the blow and run out of his house towards the direction of a certain Chairman Mendoza. Before he could reach Chairman Mendoza, however, somebody held him by his neck and boxed him. He lost consciousness and when he regained his senses he was already in the Barangay Hall. [25] He was then brought to the police station where he was incarcerated. [26] Accused-appellant admitted that he knew complainant since she and her family were former neighbors in an apartment. [27] In fact, accused-appellant claimed that Cristina's mother would borrow money from his mother in times of need. [28] After evaluation of the evidence presented by the prosecution and the defense, the trial court found accused-appellant guilty of rape. The dispositive portion of the trial court's decision reads: WHEREFORE, PREMISES CONSIDERED, the prosecution having fully established the guilt of the accused beyond reasonable doubt, this Court finds him, ANTHONY ESTRELLA y IGNACIO, GUILTY beyond reasonable doubt of the crime of Rape under Article 335 of the Revised Penal Code, as charged in the information, and hereby sentences him to suffer the penalty of RECLUSION PERPETUA with all the accessory penalties provided by law; to indemnify the private complainant the sum of Fifty Thousand (P50,000.00) Pesos by way of moral damages; and to pay the costs of the suit. SO ORDERED.