G.R. No. 116740 - PEOPLE OF THE PHILIPPINES, VS. GERRY GUMAHOB,[1]

Ruling

WHEREFORE, finding the accused Gerry Gumahub guilty of rape beyond reasonable doubt, the Court hereby strikes a verdict of conviction, and accordingly sentences the said accused to suffer the penalty of reclusion perpetua with all its accessory penalties under Article 41, Revised Penal Code. The said accused, Gerry Gumahub, is further ordered to indemnify the complainant, Marijun Montalba, in the jurisprudential sum of P50,000.00 in damages, and to pay the costs." Accused managed to file a timely notice of appeal and elevated the case before this Court. The Facts Version of the Prosecution The testimonial evidence of the prosecution are summed up by the trial court in these words: [9] "x x x the complainant, Marijun Montalba, stays in the house of his (sic) uncle, Florentino Montalba, in Hubangon, Mahinog, Camiguin, while pursuing her studies at the local high school. Her father, Adriano Montalba, and the rest of her family reside in El Salvador, Misamis Oriental. In that house of her uncle there are three occupants, namely: Florentino Montalba and Loreto Pantanosas, both of whom are Marijuns uncles, and Marijun herself. The house is about thirty-five (35) meters away from the seashore, on the east, and about ten (10) meters away from the Hubangon Barangay road on the south. To the north of said house are the houses of Tata Badana, Primitiva Jala and Rico Tabamo, respectively. To the south is the house of Boy Galvizo. At about 6:00 in the early evening of 18 October 1993 Marijun was left alone in the house, because her uncles went out somewhere. The description of the house is shown in a sketch drawn by Marijun (x x x). It has a ground floor, above or over which is a second floor - 5 steps up. It was raining that night. Marijun was whiling away her moments in bed in her room upstairs. As she stood up or arose from bed she saw the accused Gerry Gumahub standing at the veranda. The accused had nothing on. He was naked. As Marijon approached the door of her room the accused grabbed her, covered her mouth, and forced her against the wall. In that position the accused boxed her in the abdomen several (about 5) times. Then the accused tore Marijuns white straight-cut whole dress, followed by the accused tearing Marijuns bra. The accused forced Marijun down the floor inside her room, and once down, the accused slid Marijuns pair of panties down and off her feet. The accused then placed himself on top of Marijun, inserted his penis into her vagina, at the same time telling her he had long wanted to get and have her sexually, and warned and threatened her not to report the matter to her uncle or he will kill her. Marijun felt pain and lost her consciousness. When she recovered her consciousness Marijun found herself already wearing a city short pants which she did not herself put on. Her whole dress and panties were missing. Her organ was wet and slippery. Her tattered bra was there (Exh. B). The accused, Gerry Gumahub, was no longer there; he was g