G.R. No. L-58404 April 15, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCELINO BULOSAN, defendant-appellant.

FACTS

The accused-appellant, Marcelino Bulosan, was convicted of rape by the Court of First Instance and sentenced to reclusion perpetua. The information alleged that on May 27, 1978, in Pasuquin, Ilocos Norte, armed with a sharp weapon and through force and intimidation, he had carnal knowledge of Clarencia Calventas against her will. The prosecution evidence established that the victim, a 21-year-old woman set to meet her boyfriend the next day, encountered the appellant, a distant relative, in Pasuquin. He accompanied her under the pretext of visiting her aunt, but instead took her to a beach and later to his sister’s house. After supper, he led her to a room. She lay on a bed while he lay on a floor mat. She fell asleep and was awakened by him kissing her, with a knife pointed at her neck. He threatened to kill her and her family if she refused, then forcibly removed her pants and underwear and succeeded in having intercourse with her while she was in shock and unable to resist.

ISSUE

The core issue is whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt, amidst challenges to the victim’s credibility and the absence of certain physical evidence.

RULING

The Supreme Court affirmed the conviction, upholding the trial court’s assessment of the victim’s credibility and applying settled legal principles on rape. The Court dismissed the appellant’s claim that his familial relation to the victim was a deterrent, citing precedent that closeness is not a bar to the commission of rape. The alleged minor inconsistency regarding when the victim’s boyfriend noticed her broken pants zipper was deemed collateral and insufficient to impair her overall credibility, especially as she had covered the damage with her bag. The Court emphasized that the testimony of a rape victim, particularly a young Filipina, is accorded great weight, as it is against her natural instinct to fabricate an assault on her honor, more so when she was about to be married. Furthermore, the absence of spermatozoa does not negate rape, as the crime is consummated by any penetration of the female labia, however slight. The evidence showed penetration occurred, as the victim pushed the appellant off while the act was still being performed. The trial court’s finding of the victim’s consistent, sincere, and candid narration was respected. The penalty of reclusion perpetua was sustained, with the civil indemnity increased to P30,000.00.