G.R. No. 137759 - PEOPLE OF THE PHILIPPINES, VS. ARCHIBALD

Ruling

ACCORDINGLY, finding accused Archibald Patosa y Lastimado GUILTY beyond reasonable doubt for the crime of Rape, defined and penalized under Article 335 of the Revised Penal Code as amended by Republic Act. No. 7659, he is hereby sentenced to reclusion perpetua and to indemnify the victim, Chanil Escosais y Bayang the amount of P100,000.00 and to pay the costs. [8] Hence, this appeal with the lone assignment of error, viz : THE LOWER COURT ERRED IN FINDING THAT RAPE WAS COMMITTED BY THE ACCUSED. [9] The appeal fails to impress the Court. The law applicable to the case at bar is Art. 335 of the Revised Penal Code, as amended by R.A. 7659. It provides in relevant part, viz : Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances: a) By using force or intimidation; b) When the woman is deprived of reason or otherwise unconscious; and c) When the woman is under twelve years of age or is demented. The crime of rape shall be punished by reclusion perpetua . The instant case falls under paragraph a, supra. But the accused claims that while it is true that he had sexual congress with Chanil on that fateful night of April 28, 1996, he did not employ force and intimidation as it was consensual. He contends that even prior to that incident, there had been several instances when he and Chanil hugged and kissed each other. We are not persuaded. Chanils testimony shows that the accused used force and threatened Chanil into submission, viz : Q: And what happened after you run ( sic ) towards the door? A: I was able to open the door and then he grabbed at ( sic ) my left hand and I was shouting for Archille, saying, Archille, tulungan mo ako, and he was able to pull me, sir. Q: And after he pulled you, what happened? A: And then, he punched me twice in my stomach, sir. Q: And what did you feel after he punched you? A: I felt weak, sir. [10] xxx Q: After he kissed your breast, what happened next? A: He took off my shirt and all the while he was doing the same to me, I kept on pleading ( sic ) him to stop, saying parang awa niyo na Tiong, huwag po, and he replied by saying, putang-ina mo, papatayin kita. [11] xxx Q: After he was able to remove your underwear, what happened next? A: He removed my shirt and then he kissed me all over in (sic) my neck, in ( sic ) my breast, and then, all the while I kept pleading ( sic ) him to stop and I said, tiong, huwag po, then he even sucked my breast, sir. [12] xxx Q: While all this was happening what were you doing? A: I was crying, I was struggling by moving my both arms, saying, Tiong, parang awa niyo na po. [13] xxx Q: And then after he was able to dress up, what happened next? A: He told me not to tell on ( sic ) anyone or else he would kill me, sir. [14] xxx Q: But at the time Archibald Patosa laid you on the bed and he laid on top of you, you were not screaming, is that correct? A: I was no longer shouting. I was so wea