G.R. No. 137270 - PEOPLE OF THE PHILIPPINES, VS. ARNOLD RATUNIL Y OTICO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the court finds accused Arnold Ratunil GUILTY beyond reasonable doubt of the crime of rape with the use of force as defined and penalized under Article 335 paragraph 1 of the Revised Penal Code, as amended by Republic Act 7659, and he is therefore sentenced to suffer the penalty of reclusion perpetua . Accused is ordered to indemnify his victim Jenelyn Garcenilla [in] the sum of P50,000.00." [4] On November 27, 1998, appellant filed his Notice of Appeal. This Court received his Brief on November 29, 1999. [5] On April 17, 2000, the case was deemed submitted for decision when the Office of the Solicitor General filed, in lieu of the appellee's brief, a Manifestation and Motion, [6] praying for the reversal of the trial court's Decision and the appellant's acquittal. The Facts Version of the Prosecution The trial court summarized the evidence for the prosecution as follows: "Jenelyn was 19 years old during the alleged incident, single and a high school graduate. [O]n the evening of February 17, 1998, Jenelyn went to attend a disco dance in barangay Bangahan, Pangantucan, Bukidnon, which is about three kilometers from her residence in Malipayon. She was with her elder sister Jackelyn and younger brother Raymund. They went on a motorcycle owned by one Larry Otico, arriving there at 10:30. "Upon their arrival they discovered that the disco dance ha[d] been cancelled. As it was the eve of the "Araw ng Bangahan", they decided to just enjoy themselves by roaming around. A friend, Delia Periodico, whom they saw when they arrived and who is also from Malipayon joined them. "At 1:00 past midnight, Jackelyn and Raymund went home. Jenelyn stayed behind together with Delia Periodico. "After an hour and a half, at 2:30, Jenelyn asked Delia if she wanted to go home to Malipayon with her. Delia responded that she will just stay behind. So Jenelyn looked for a motorcycle for hire (locally called "habal-habal") for a ride home. Ratunil, who owned a "habal-habal", saw her and offered to bring her back. "Arnold Ratunil is also from bario Malipayon. He and Jenelyn were in fact classmates since their elementary grades until high school. They were not, however, close, Jenelyn told the court. She has her own circle of friends. "On their way to Malipayon, accused stopped his motorcycle a few meter[s] away from the road. He ordered Jenelyn to get off. Pointing a knife at her, accused pushed her and ordered her to remove her city-short[s]. She cried and beg[ged] accused not to harm her but accused instead threatened to kill her if she will refuse. Out of fear, she removed her shorts and panty. Then accused told her to lie down on the ground. He mounted her and kissed her lips. After a while, he forcibly inserted his erected penis into her vagina. "After he consummated his dastardly desire, accused ordered her to stand up and to put on her panty and shorts. Thereafter, he commanded her to ride again on his motorcycle. "Accused did not bring Jenelyn to her house. H