G.R. Nos. 143143-44 - PEOPLE OF THE PHILIPPINES, VS. ALBERTO GONZALES JR..DECISION - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered as follows: In Crim. Case No. 3514, finding accused Alberto Gonzales, Jr. [g]uilty beyond reasonable doubt of the crime of rape, as defined and penalized under Art. 266-A, par. 1 and Art. 266-B, par. (1) of the Revised Penal Code, as amended by R.A. 8353 in relation to Sec. 5 (b) R.A. 7610, and sentencing him to suffer the penalty of reclusion perpetua, and to indemnify the private complainant, Maria Anub y Mangadan in the amount of P50,000.00 as moral damages and to pay the costs. In Crim. Case No. 3515, finding accused Alberto Gonzales, Jr. [g]uilty beyond doubt of the crime of rape, as defined and penalized under Art. 266-A Par. 1 and Art. 266-B, Par. (1) of the Revised Penal Code, as amended by R.A. 8353 in relation to Sec. 5 (b) R.A. 7610, and sentencing him to suffer the penalty of reclusion perpetua and to indemnify the private complainant, Maria Anub y Mangadan in the amount of P50,000.00 as moral damages and to pay the costs. [3] On March 4, 1998, two separate but identically worded Informations [4] charged appellant thus: That on or about the 26 th day of January 1998 in the Municipality of San Mateo, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, coercion and intimidation and with lewd design or intent to cause or gratify his sexual desire or abuse, humiliate, degrade complainant did then and there willfully, unlawfully and feloniously have sexual intercourse with MARIA ANUB y MAGADAN, a minor fifteen (15) years old without her consent and against her will. [5] On April 13, 1998, the prosecution amended the Informations for the two criminal cases by changing the victims age from 15 to 16 years as follows: That on or about the 26 th day of January 1998 in the Municipality of San Mateo, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, coercion and intimidation and with lewd design or intent to cause or gratify his sexual desire or abuse, humiliate, degrade complainant did then and there willfully, unlawfully and feloniously have sexual intercourse with MARIA ANUB y MAGADAN, [6] a minor sixteen years old , without her consent and against her will. [7] Upon his arraignment on March 19, 1998, appellant, duly assisted by his counsel, Atty. Regino M. Garillo, pleaded not guilty to the two offenses charged. [8] After trial on the merits, the trial court convicted him. The Facts Version of the Prosecution In its Brief, [9] the Office of the Solicitor General presents the factual incidents of the case: Maria Anub was a housemaid of Mrs. Mariel Caboteja in San Mateo, Rizal when the incidents of rape occurred. She hails from Buyang Norte, Cambigce, Bohol. She did not finish Grade 4. About 10 oclock in the evening of January 26, 1998, she went to the nearby store of Mama Ti to deliver the ice candy that she prepared. As she