G.R. No. 129594 - PEOPLE OF THE PHILIPPINES, VS. JUNNIFER LAURENTE Y ACEBEDO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the prosecution having proven the guilt of the accused beyond reasonable doubt, Junnifer Laurente is hereby sentenced to reclusion perpetua and to indemnify Ana (sic) Liza Villamor Fifty Thousand Pesos. [3] Aggrieved, accused-appellant appealed before this Court, raising the following assignment of errors: THE TRIAL COURT ERRED IN GIVING CREDENCE TO THE FALSE AND INCREDIBLE TESTIMONY OF THE COMPLAINANT AND OTHER WITNESSES FOR THE PROSECUTION. THE TRIAL COURT ERRED IN MAKING FINDING OF FACTS NOT SUPPORTED BY EVIDENCE AND IN MAKING CONCLUSIONS BASED ON SURMISES, CONJECTURES AND SPECULATIONS. THE TRIAL COURT ERRED IN HOLDING THAT THE ACCUSED THROUGH THE USE OF FORCE HAD CARNAL KNOWLEDGE WITH PRIVATE COMPLAINANT. THE TRIAL COURT ERRED IN HOLDING THAT THE ACCUSED HAD CARNAL KNOWLEDGE AGAINST THE WILL OF THE PRIVATE COMPLAINANT. THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME OF RAPE INSTEAD OF UPHOLDING HIS INNOCENCE BASED ON THE EVIDENCE AND LAW. [4] The only issue before this Court is whether the guilt of accused-appellant was proved by the prosecution beyond reasonable doubt. The Solicitor General filed a Manifestation and Motion in Lieu of Appellee's Brief asking for the reversal of the trial court's decision and the acquittal of accused-appellant. He pointed out that complainant's testimony failed to meet the exacting degree of credibility sufficient to inspire belief beyond reasonable doubt due to inconsistencies in her answers in the direct and cross-examinations, and between her oral testimony and her sworn statement. In the resolution of rape cases, the trial court is guided by the following principles: (1) to accuse a man of rape is easy, but to disprove it is difficult though the accused may be innocent; (2) considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merit and not be allowed to draw strength from the weakness of the evidence for the defense. [5] Article 335 of the Revised Penal Code, before its amendment by R.A. 8353 (the Anti-Rape Law of 1997), provides: When and how rape is committed . -- Rape is committed by having carnal knowledge of a woman under any of the following circumstances: By using force or intimidation; When the woman is deprived of reason or otherwise unconscious; and When the woman is under twelve years of age or is demented. . . Accused-appellant does not deny that he tried to have sexual intercourse with complainant. The question, therefore, is whether the element of force was present in the sexual intercourse between accused-appellant and complainant as charged in the Information. This Court has ruled that the test of sufficiency of force or intimidation in rape is whether it produces a reasonable fear in the victim that if she resists or does not give in to the sexual demands of the accuse