G.R. No. 132368 - PEOPLE OF THE PHILIPPINES, VS. PACITO GARCES JR., ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premised considered, the court finds accused PACITO GARCES JR., A.K.A. BOLINGOT GUILTY beyond reasonable doubt of RAPE penalized under Art. 335 of the Revised Penal Code in relation to R.A. 7659 and hereby sentences him to the penalty of reclusion perpetua together with all the accessory penalties provided for by law, to pay offended party Rosalie Ganaganag the sum of P 200,000.00 as moral damages, and to pay the costs. The jailer is ordered to make the proper reduction of the period during which the accused was under preventive custody by reason of this case in accordance with law." [6] Hence, this appeal. [7] The Facts Version of the Prosecution In its Brief, [8] the Office of the Solicitor General presents the facts in this wise: "At about 11:30 oclock in the morning of May 14, 1995, private complainant Rosalie Ganaganag was left alone in their house while her parents Santiago and Amparo Ganaganag went to the market in the poblacion of Jimalalud, Negros Oriental. Appellant Pacito Garces, Jr., also known as Bolingot, barged into the house of private complainant and embraced her. Suddenly, he poked a knife at her chest and forced her to lie on the ground. Appellant then went on top of private complainant, raised her skirt and removed her underwear. After appellant succeeded in having sexual intercourse with private complainant, he threatened to kill her and her family if she would report the incident to anyone. "Thereafter, private complainant proceeded to the house of their neighbor Pacita Garces. Private complainant approached Pacita, hugged her and cried after telling that she was raped by appellant. Pacita noticed that the hair of private complainant was disheveled. She also noted a scratch caused by two fingernails at the lower part of the cheek of private complainant. "Pacita and private complainant went to the house of Barangay Councilor Wilson Garces to whom private complainant reported in tears that she was raped by appellant. Wilson Garces noted that at the time her hair [was] disheveled. He also saw some hematoma around her mouth. Wilson accompanied Pacita and private complainant to Barangay Captain Felicito Torres. "Meanwhile, while Santiago and Amparo were in the market, Felix Talido approached and informed them of the rape incident. Santiago and Amparo immediately proceeded to the house of the barangay captain where they met private complainant. "On the same day, Wilson accompanied private complainant and her parents to the police station to report the rape incident. Around 3:00 oclock in the afternoon, they proceeded to Guihulngan District Hospital where private complainant was examined by Dr. Precy Paguntalan Ung. [9] The internal examination revealed the following findings: For the Pubis: No hematoma For the Hymen: Positive laceration at 3:00 oclock and 6:00 oclock For the Vulva: No contusion, no lacerations, no erythema For the vagina: There was negative fresh blood at the vaginal canal. Positive laceration