G.R. No. 137665 - THE PEOPLE OF THE PHILIPPINES, VS. ALBERTO PAINITAN ALIAS "ABIE," ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the court finds accused Alberto Painitan alias `Abie' GUILTY beyond reasonable doubt of the crime of RAPE and hereby sentences him to suffer the penalty of RECLUSION PERPETUA and to indemnify the victim of the amount of P50,000.00 as damages." [2] In the instant appeal, accused-appellant contends that the sexual congress between him and private complainant on the night of 12 December 1995, given the testimony of AAA and her daughter, could not have been anything else but an act of two consenting adults. Verily, for the charge of rape to prosper, proof beyond reasonable doubt should show (1) that there has been carnal knowledge of the victim by the accused; and (2) that the accused achieves the act through force and intimidation upon the victim or because the latter is deprived of reason or is otherwise unconscious. AAA testified that accused-appellant, to subdue and succeed in taking her, had boxed both her left and right shoulders and her upper thighs, causing her to lose consciousness. "Q. While you were sleeping on or about 11:00 p.m. of December 12, 1995, do you recall of any unusual incident that occurred? "A. Yes, sir. "Q. What was the unusual incident that occurred, if any? "A. That incident, when he climbed our house. "Q. You mentioned the word `he' to whom are you referring when you said `he climbed into your house?' "A. Alberto Painitan, alias `Abie' entered our house. "Q. After Alberto Painitan entered your house, do you recall through which opening of your house did he enter? "A. Because I was sleeping, I could not recall where he passed by when he entered our house "Q. Nevertheless, after he entered your house, what happened next if any? "A. He hugged and kissed me, sir. "Q. What were you doing at that time? "A. I tried to overcome his force, sir. "Q. Since it was nighttime, how did you recognize that it was Alberto Painitan who entered your house; hugged and kissed you? "A. At that time there was a lighted lamp. "Q. You said you were kissed by Alberto Painitan, where were you kissed? "A. On my cheeks, sir. "Q. Left or right? "A. Both cheeks, sir. "Q. After Alberto Painitan kissed your left and right cheeks, what happened next if any? "A. He boxed my both shoulders and my laps, sir. "Q. When Alberto Painitan boxed your left and right shoulders and your laps what did you feel? "A. I felt pain, sir. "Q. After your shoulders and your laps were boxed, what happened next, if any; what did Alberto Painitan do next? "A. He undressed me, sir. "Q. What was undressed from you? "A. He removed my shirt and panty, sir. "Q. After Alberto Painitan removed your short and panty, what happened next, if any? "A. He had sexual intercourse. "Q. When you said sexual intercourse, what did he particularly do to you? "A. He placed himself on top of me. "Q. What did he do with his organ? "A. He inserted his penis to my vagina. "Q. After he inserted his penis to your vagina, what did he do next, if any? "A. He kept on pumping wh