G.R. No. 124213 - PEOPLE OF THE PHILIPPINES, VS. DANTE ALFECHE Y TAMPARONG, ALIAS WILLY, AND JOHN DOE, ACCUSED, DANTE ALFECHE Y TAMPARONG, ACCUSED-.

Ruling

WHEREFORE, decision is hereby rendered in criminal case No. 4615 finding the accused DANTE ALFECHE guilty beyond reasonable doubt of rape defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. Appreciating the aggravating circumstance of dwelling with no mitigating circumstance to offset it, this court imposes upon the same DANTE ALFECHE the penalty of DEATH. Decision is also hereby rendered in criminal case no. 4616 finding the accused DANTE ALFECHE guilty beyond reasonable doubt of rape defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. Appreciating the aggravating circumstance of dwelling and nighttime with no mitigating circumstance to offset any of the two, this court imposes upon the said DANTE ALFECHE the penalty of DEATH. Further, the said Dante Alfeche is directed to indemnify ANALIZA DUROJA the sum of THIRTY THOUSAND PESOS in criminal case no. 4615 and the further sum of THIRTY THOUSAND PESOS in criminal case no. 4616 as compensation for moral damages, and to pay the cost. Since the penalty imposed was death, this case was brought to us for automatic review and judgment. [30] In his Appellants Brief, DANTE contends that the trial court gravely erred (a) in convicting him for two counts of rape and sentencing him to suffer the death penalty in each; and (b) in holding him liable to pay the complainant P60,000 as civil indemnity. DANTE maintains that the alleged rape on 11 September 1994 was not proved beyond reasonable doubt because ANALIZA was unconscious at the time and could not therefore testify as to the pertinent circumstances. On the other hand, the Office of the Solicitor General (OSG) claims that there were sufficient established circumstances to constitute an unbroken chain leading to no other hypothesis than that DANTE was guilty of the crime charged, and that these circumstances were sufficient to convict him. These circumstances were as follows: (a) While Analiza was watching television at her employers house on September 11, 1994 at around 10:30 in the evening, three (3) persons entered the house; (b) One of the men whom she knew as Willy suddenly held her hand, gagged her mouth and pointed a knife at her; (c) Another man whom she recognized as appellant approached her and boxed her at her side; (d) Because of appellants punch, Analiza lost consciousness; she regained consciousness about thirty (30) minutes later; and (e) When she woke up, Analiza felt something unusual; she noticed that her shorts had been removed and her vagina was bleeding. (Citations omitted). We agree with DANTE that the first alleged rape was not sufficiently proved. Since rape is not normally committed in the presence of witnesses, [31] the only evidence that can oftentimes be offered to establish the guilt of the accused is the complainants testimony. [32] Said testimony must be clear and positive to prove that the acts which constitute the elem