G.R. Nos. 140934-35 - PEOPLE OF THE PHILIPPINES, VS. CONDE RAPISORA Y ESTRADA.

Ruling

WHEREFORE, judgment is hereby rendered finding the accused guilty beyond reasonable doubt of the crime of rape (two counts) and sentencing him to suffer the penalty of reclusion perpetua and to pay the amount of one hundred thousand pesos (P100,000.00) per count or a total of TWO HUNDRED THOUSAND PESOS (P200,000.00) for damages." [2] On October 24, 1997, two (2) Informations [3] (Criminal Case Nos. 98162199-200), were filed against appellant as follows: Criminal Case No. 98-162199 "That on or about June 16, 1997, in the City of Manila, Philippines, the said accused, did then and there wilfully, unlawfully and feloniously, by means of force and intimidation, to wit: by then and there introducing himself as an uncle to one GRACE SAMSON Y DIOSANTA who was then on an errand and waiting for a ride along Avenida, this city, suddenly pulling and dragging the latter into a taxi, poking a bladed weapon at her[,] bringing her to a motel and once inside the motel room, x x x forcibly undressing her while slapping her twice when the latter refused to be undressed and threatening to kill her then pushing her onto the bed covering her mouth, preventing her from shouting for help and lying atop her, succeeded in having carnal knowledge [of] said Grace Samson y Diosanta for the first time against her will and consent." [4] Criminal Case No. 98-162200 "That on or about June 16, 1997, in the City of Manila, Philippines, the said accused, did then and [there] wilfully, unlawfully and feloniously, by means of force and intimidation, to wit: by then and there introducing himself as an uncle to one GRACE SAMSON Y DIOSANTA who was then on an errand and waiting for a ride along Avenida, this city, suddenly pulling and dragging her to a motel and once inside the motel room, x x x forcibly undress[ing] her while slapping her twice when the latter refused to be undressed and threatening to kill her then pushing her onto the bed covering her mouth, preventing her from shouting for help, and [after] the first rape, [lying] down beside her on the bed kissing her breast [--] succeeded in having carnal knowledge [of] the said Grace Samson y Diosanta for the second time against her will and consent." [5] When arraigned on both charges on January 26, 1998, appellant, with the assistance of a counsel de oficio , [6] pleaded not guilty. [7] After due trial, the RTC promulgated the assailed Decision. The Facts Prosecution's Version In its Brief, [8] the Office of the Solicitor General summarized the evidence for the prosecution as follows: "Private complainant, Grace Samson (Grace) [was] a 16-year old housemaid employed by one Rebecca Ang, who was residing at 737 Tomas Mapua Street, Sta. Cruz, Manila where she ha[d] been staying for over four years at the time of the subject incident (TSN, May 26, 1998, pp. 4-5). "On June 16, 1997, at about 8:00 o'clock in the morning, Grace was on her way to Quiapo[,] Manila to buy vegetable for her employer (Ibid.[,] p.5). "While at the corner of