G.R. No. 147968 - PEOPLE OF THE PHILIPPINES, VS. ROGELIO BITANCOR ALIAS "BOY,".

Ruling

Accordingly, there being no aggravating or mitigating circumstance, the Court hereby sentences the accused Rogelio Bitancor, alias Boy to the penalty imposable under the said law, which is reclusion perpetua. He is further ordered to indemnify the victim the amount of P200 in actual damages, and P50,000 in moral damages. [2] The Complaint, dated July 27, 1996, [3] charged appellant as follows: That sometimes [sic] in the evening of 22 July 1996, at night oclock [sic] more or less, in sitio Camonggayan, Barangay Catungawan Sur, [M]unicipality of Guindulman, [P]rovince of Bohol, Philippines and within the preliminary jurisdiction of this Honorable Court, the said accused did then and there wilfully, unlawfully and feloniously by means of violence and intimidation have sexual intercourse with the complainant against her will." [4] During his arraignment on November 13, 1997, appellant, assisted by his counsel, [5] pleaded not guilty to the charge. [6] After pre-trial and trial in due course, the lower court rendered the assailed judgment. The Facts Version of the Prosecution In its Brief, [7] the Office of the Solicitor General (OSG) presents the prosecutions version of the facts in this wise: Complainant Donafaye Amparo was born on July 24, 1985. She was turning eleven (11) when her harrowing experience happened [o]n the evening of July 22, 1996. She knew appellant because they were neighbors at Sitio Camonggayan, Guindulman, Bohol. On that fateful night, complainant and thirteen (13) year old Jackelyn Aranay were walking on their way home after watching television at the residence of Vicente and Monda Bernaldez. While walking, they noticed appellant following them. They got scared and ran. But complainant stumbled down and appellant caught up with her. Jackelyn continued running and left complainant behind. Appellant held complainants hands and brought her to [a] nearby gemelina tree. There, appellant forcibly removed her panty and inserted his finger into her vagina. Soon afterwards, appellant also inserted his penis into her vagina. Complainant felt pain, but was not able to shout for help as appellant was covering her mouth. She bit his fingers and tried to run away but appellant caught up with her again. Thereupon, appellant boxed her thighs, raised her up and threw her to the ground five (5) times. Thereafter, appellant warned her not to report to anyone or he would kill her. Complainant went home but did not tell about the incident, fearful that appellant would kill her. Trinidad Amparo, complainants mother, testified that she learned of the rape incident four (4) days after or on July 26, 1996. Trinidad brought complainant and her youngest son Orley to Goniang Olivar, a hilot. Trinidad noticed that complainant was having difficulty walking. The latter also complained of pain in her body. Goniang, the hilot, also noticed swellings in complainants body. Back home, Trinidad asked complainant how she got the swellings on her body