G.R. No. 132216 & 133479 November 17, 1999
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SALVADOR TORIO @ “Adong,” accused-appellant.

FACTS

Salvador Torio was convicted of rape (Criminal Case No. L-5516) and attempted rape (Criminal Case No. L-5517). The first incident occurred on July 7, 1991, when the 13-year-old complainant, Racquel Castro, was lured by Torio, her stepfather, onto a bamboo raft. There, he threatened her with a fan knife, forced her to lie down, and had carnal knowledge against her will. She reported the rape to her mother, who ignored her, leading Racquel to live in silent fear. The second incident was on July 18, 1996, when Torio, armed with a balisong, emerged from bushes, grabbed Racquel, forced her to the ground, and attempted to remove her pants. Her shouts for help attracted neighbors, causing Torio to flee. The cases were consolidated for trial.
The defense presented denial and alibi. Torio claimed he could not have committed the 1991 rape as the victim’s mother never allowed her to go to the raft, and for the 1996 attempt, he alleged he was watching television at his brother’s house. He asserted the charges were fabricated by the victim’s relatives who suspected him of killing her father. The trial court found the prosecution’s evidence, particularly the credible and consistent testimony of the victim corroborated by witnesses and medical findings of healed hymenal lacerations, sufficient for conviction.

ISSUE

The core issue is whether the prosecution proved the guilt of the accused for the crimes of rape and attempted rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the convictions. On the crime of rape, the Court upheld the trial court’s assessment of the victim’s credibility, which is generally not disturbed on appeal. Her detailed account of the 1991 assault, coupled with the medical certificate confirming non-virgin status, constituted proof beyond reasonable doubt. The delay in reporting the first rape was sufficiently explained by the accused’s threats to kill her and her mother’s indifference, which instilled fear and a sense of helplessness. Motive to falsely accuse was deemed insufficient to overturn the positive identification.
Regarding the penalty for the consummated rape, the Court modified the trial court’s decision. Since the crime was committed in 1991, prior to the effectivity of Republic Act No. 7659 , the applicable penalty was reclusion perpetua. The Court also increased the civil indemnity to P50,000.00, in line with prevailing jurisprudence, in addition to the moral damages awarded. For the attempted rape in 1996, the Court affirmed the conviction but recalculated the indeterminate penalty. Applying the Revised Penal Code, the penalty for attempted rape is two degrees lower than for consummated rape. The penalty for consummated rape under the old law is reclusion perpetua to death. Two degrees lower is prision mayor. With no modifying circumstances, the penalty was imposed in its medium period. The Court thus set an indeterminate sentence of 2 years, 4 months, and 1 day of prision correccional medium as minimum, to 8 years and 1 day of prision mayor medium as maximum.