G.R. No. 137405 - PEOPLE OF THE PHILIPPINES, VS. DELFIN

Ruling

WHEREFORE, finding the accused Delfin dela Cruz, guilty beyond reasonable doubt of the crime of rape, described and penalized under Article 335 of the Revised Penal Code and Section 11 of Republic Act No. 7659, otherwise referred to as the Death Penalty Law, this Court hereby sentences him to suffer the capital penalty of DEATH. The accused is ordered to indemnify the offended party, Marikit dela Cruz, damages in the amount of FIFTY THOUSAND PESOS (P50,000.00). The accused, who is presently detained at the Provincial Jail at Magbay, San Jose, Occidental Mindoro, is ordered immediately transferred to the new Bilibid Prisons, Muntinlupa City, Metro Manila. [2] During his arraignment on March 5, 1997, [3] appellant, with the assistance of his counsel, [4] pleaded not guilty. In an Information dated January 24, 1997, [5] he was charged as follows: That on or about the 24th day of October, 1996 at around 12:00 oclock in the evening, in Barangay Lagnas, Municipality of Sablayan, Province of Occidental Mindoro, Philippines and within the jurisdiction of this Honorable Court, the accused, with lewd design, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of Marikit dela Cruz, a woman, against her will and consent. CONTRARY TO LAW. [6] The Facts Version of the Prosecution The prosecutions account of the factual antecedents of the case is narrated by the Office of the Solicitor General (OSG) as follows: Private complainant Marikit dela Cruz is the seventh (7th) child of appellant Delfin dela Cruz. x x x x x x x x x x x x On October 24, 1996, Marikit, then sixteen (16) years of age, had a reunion with her family x x x at their farm in Lagnas, Sablayan, Occidental Mindoro, on the occasion of the birthday of her father, herein appellant Delfin dela Cruz. The celebration ended at past 9:00 oclock in the evening when appellants two drinking buddies left the place. Shortly before midnight, when Marikit was already preparing to sleep, she was summoned by her mother telling her that appellant wanted to talk to her. Marikit complained that she was sleepy but her mother told her that her father may have something important to tell her. Marikit obeyed and, together with her mother, she went to her father who was waiting at the water pump bomba near their house. There, appellant told Marikit to go with him to the hut of their farm. At first, Marikit declined saying it was very cold already. . . and it is bad for my health, but agreed later on because of fear of her father and considering also that her mother urged her to do so. Upon arriving at the hut which was one kilometer from their house, appellant asked Marikit what is his gift. Marikit replied I do not have a gift. Appellant told Marikit to just follow what he wants. Thereafter, appellant suddenly embraced and kissed Marikit, and started undressing her. She tried to resist but he threatened to harm her. After he removed