G.R. No. 192253 - PEOPLE OF THE PHILIPPINES, VS. CARLITO ESPENILLA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, foregoing premises considered, the Court finds the accused CARLITO ESPENILLA, guilty beyond reasonable doubt of the crime of Rape, defined and penalized under Article 335 of the Revised Penal Code and is hereby sentenced to suffer the penalty of Reclusion Perpetua to pay the amount of P50,000.00 as civil indemnity, P50,000.00 for moral damages, or a total amount of P100,000.00, and to pay the costs. The accused being a detention prisoner, his detention shall be credited in full in the service of his sentence. [8] Appellant then elevated his case to the Court of Appeals in the hope that his conviction would be reversed. However, the Court of Appeals merely affirmed the trial courts ruling in the assailed February 25, 2010 Decision, the dispositive portion of which provided: WHEREFORE , in view of the foregoing, the appealed Decision dated March 3, 2005 of the Regional Trial Court (RTC) of Masbate City, Branch 44 in Criminal Case No. 9115 finding herein accused-appellant Carlito Espenilla guilty beyond reasonable doubt of the crime of rape, sentencing him to Reclusion Perpetua and ordering him to pay the amount of Php50,000.00 as civil indemnity; Php50,000.00 as moral damages and costs is hereby AFFIRMED . [9] Hence, appellant questions before us the foregoing affirmance of his guilt by propounding the following assignments of error: I THE COURT A QUO GRAVELY ERRED IN GIVING FULL CREDENCE TO THE TESTIMONY OF THE PRIVATE COMPLAINANT. II THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY OF THE CRIME OF RAPE DESPITE THE PROSECUTIONS FAILURE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. [10] After an assiduous review, we find the present appeal to be without merit. To reiterate, the incident of rape involved in this case occurred before the enactment of Republic Act No. 8353 and the applicable provision of law is Article 335 of the Revised Penal Code: Art. 335. When and how rape is committed . Rape is committed by having carnal knowledge of a woman under any of the following circumstances: By using force or intimidation; When the woman is deprived of reason or otherwise unconscious; and When the woman is under twelve years of age or is demented. Based on the foregoing provision, the elements of rape under Article 335 of the Revised Penal Code are: (1) the offender had carnal knowledge of the victim; and (2) such act was accomplished through force or intimidation; or when the victim is deprived of reason or otherwise unconscious; or when the victim is under 12 years of age. [11] The records of this case reveal that the prosecution has sufficiently demonstrated that there is ample evidence to prove that appellant had carnal knowledge of the then minor victim through the use of force and intimidation. The testimony of AAA pertaining to the rape incident at issue articulates in blunt detail her horrific experience at the hands of appellant. The pertinent portion of her testimony is quoted here: [PROSECUTOR] ALFORTE Q While