G.R. No. 127494 - PEOPLE OF THE PHILIPPINES, VS. MARIO MARABILLAS Y CAÑEDA, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, the Court hereby renders judgment declaring the accused MARIO MARABILLAS y CAÑEDA guilty beyond reasonable doubt of the crime of RAPE as defined and penalized in Article 335 of the Revised Penal Code and thereby sentences him to suffer the penalty of Reclusion Perpetua and the accessory penalties provided for by law; and to indemnify the complainant, a grade six pupil, who stopped schooling because of the incident, the amount of P50,000.00 as moral damages, without subsidiary imprisonment in case of insolvency. "The preventive imprisonment suffered by the accused by reason of this case is counted in his favor. IT IS ORDERED." [4] Hence, this appeal. In his brief, the accused raises questions on the credibility of prosecution witnesses and the absence of force or intimidation in having sexual intercourse with the victim. Upon review of the record, on writ of error, the Court affirms the judgment of the lower court. The facts are as follows: At around 6:00 in the evening of January 12, 1992, Lourdes Arroyo,.a grade six, fourteen-year old girl, was cooking dinner in her house located at General Prim West, Bangar, La Union. [5] She was with a younger sister while their parents went to the river to see their fishing gadgets. [6] At that moment, a cow strayed into their house and Lourdes drove it outside where their other cows were grazing. After Lourdes tied the cows' rope to the ground, the accused appeared and dragged Lourdes by the hand to the side of the nearby river. Upon reaching a stony part of the river, the accused pushed Lourdes to the ground and tried to remove her garter short-pants and panty. Although Lourdes fought off the accused and tried to free herself by shaking her body, she could not do anything for she was pressed and pinned down by the strong hands of the accused. Ultimately, when Lourdes was already lying on the ground, accused succeeded in taking off her short-pants and panty. He removed his own pants and went on top of her. He started kissing her and fondling her breasts, even as she tried to free herself from his clutches. Lourdes tried to scream but the accused threatened to kill her if she would scream for help. He forcibly parted Lourdes' legs and inserted his penis into her vagina. After consummating his carnal lust, accused released his hold on her and she was able to free herself. Lourdes put back her panty and short pants, and ran away from him. [7] Upon reaching her house, Lourdes discovered that her parents had been looking for her. She told her mother that she had been raped. The next day, Lourdes executed a statement to the police. She also submitted herself to a medical examination at Bungol Emergency Hospital. [8] The results of the medical examination revealed the following: "x x x On the Chest/lung: There is a contusion seen infrascapular area, right. On pelvic examination - it revealed a pubertal. -external female genitalia; with pubic hair noted at the symphasis; the labia maj