G.R. No. 130961 - PEOPLE OF THE PHILIPPINES, VS. BOBBY

Ruling

WHEREFORE, finding the accused Bobby Agunos guilty beyond reasonable doubt of the crime of rape for which he is charged, the Court hereby sentences him to suffer the penalty of reclusion perpetua as provided for under Article 335 of the Revised Penal Code as amended and to indemnify the victim Maricris B. Reyes One Hundred Thousand (P100,000.00) Pesos by way of moral damages without subsidiary imprisonment in case of insolvency. Costs against the accused. SO ORDERED . [1] On the evening of May 8, 1995, complainant Maricris B. Reyes was sleeping with her two children, Christian Dave, 5, and Leslie, 3, in their house located in Lacab, Jones, Isabela. Her husband, Pepito, who was a poll watcher of a mayoralty candidate, and her brother Rizaldy Barit who lived with them in the said house, were at the Lacab Primary School, located about three (3) kilometers away, watching the counting of ballots. At around 2:00 oclock the following morning, a man whom Maricris thought was her husband lay down on the left side of the bed between her and Christian Dave. The man kissed her lips, went on top of her and inserted three fingers of his left hand in her vagina prompting her to slap him. Maricris, suspecting that the man was not her husband, reached for the flashlight on the headboard and focused the beam on the face of the man. She then recognized Bobby Agunos, a nephew and neighbor whose house was located only twelve (12) meters away from their house. Accused-appellant was a year younger than Maricris, who is the cousin of his mother. Accused-appellant ordered Maricris not to shout otherwise he will box her stomach and stab her. When Maricris tried to shout for help, he covered her mouth with his hand. Then, he held her by the armpit and pulled her down from the bed to the concrete floor. Accused-appellant placed his finger again in her private organ, and Maricris pleaded for him to go home since they are both married. Meanwhile, Christian Dave woke up and started to look for his mother. Maricris begged the accused-appellant to stop so she can attend to her son, and accused-appellant acceded. Thinking that accused-appellant already left after she had put the child back to sleep, Maricris proceeded to close the door where the accused-appellant gained entry. When she tried to switch the light on, accused-appellant who hid himself behind a wall, pulled her down. Then he pulled her shorts and panty down to her knee and forced her legs apart causing her undergarments to be ripped. [2] He unzipped his pants, took out his penis and inserted it in her vagina. Maricris struggled but had difficulty moving since the accused-appellant pinned her left arm behind her back. [3] When he was about to ejaculate, Maricris struggled once more, causing accused-appellant to ejaculate outside her vagina and between her thighs. Frustrated at having ejaculated outside her vagina, accused-appellant scolded her and tried to have sex with her again. Accused-appellant warned her not to