G.R. No. L-69281 February 25, 1985
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VICENTE MILLARPE, defendant-appellant.

FACTS

The prosecution evidence established that on December 29, 1974, in Daraga, Albay, appellant Vicente Millarpe entered the house of the married complainant, Gloria Herrera, while she was sleeping with her infant child. Millarpe poked a knife at her neck, pinned her to the floor, tore her dress, and succeeded in having sexual intercourse with her twice despite her shouts and physical resistance. He then threatened to kill her and her child if she reported the incident. The crime was witnessed by Millarpe’s own twelve-year-old daughter, who entered the house and saw her father on top of the complainant with a knife. Gloria immediately reported the rape to her husband upon his return. They recovered the knife used from Millarpe’s house and reported the crime to authorities. Millarpe fled and evaded arrest for approximately five years.
The defense interposed an alibi and denial. Millarpe claimed he was in Sipocot, Camarines Sur, at the time of the incident and alleged a prior consensual romantic relationship with the complainant. He asserted that the injuries on the complainant were inflicted by her angry husband and that he fled Daraga because the husband threatened his life. The trial court convicted Millarpe of rape qualified by the use of a deadly weapon and sentenced him to an indeterminate penalty. The Intermediate Appellate Court affirmed the conviction but forwarded the case to the Supreme Court as the prescribed penalty was reclusion perpetua to death.

ISSUE

Whether the trial court erred in convicting appellant Vicente Millarpe of the crime of rape qualified by the use of a deadly weapon.

RULING

The Supreme Court affirmed the conviction. The Court found the appellant’s defense of alibi to be weak and unsubstantiated, especially when juxtaposed with the positive and credible identification by the complainant. The Court emphasized the trial court’s superior position to assess witness credibility, noting the complainant’s positive, emphatic, and convincing narration of events. The appellant’s flight and five-year evasion from authorities were deemed indicative of a guilty conscience, as an innocent person would have no reason to flee and could have sought police protection instead of hiding.
The legal logic applied is straightforward: the credible testimony of the victim, corroborated by the prompt reporting of the crime, the recovery of the knife, and the appellant’s flight, established his guilt beyond reasonable doubt. The crime committed falls under Article 335 of the Revised Penal Code, as amended by Republic Act No. 4111 , which penalizes rape committed with the use of a deadly weapon with reclusion perpetua to death. Applying this provision, the Court modified the penalty to reclusion perpetua and increased the civil indemnity awarded to the complainant from P12,000.00 to P20,000.00. The judgment was affirmed with these modifications.