GR 121095 97; (November, 1997) (Digest)
G.R. No. 121095 -97 November 18, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RUDY DEL ROSARIO and JOEL BUENA, alias “JUN”, accused. JOEL BUENA, accused-appellant.
FACTS
Accused-appellant Joel Buena and Rudy del Rosario were charged with two counts of rape for incidents on May 13, 1992, involving complainants Veneelyn Velasquez and Maria Virginia Ballesta, both 15 years old. The informations alleged that the accused, conspiring together, caused the complainants to consume a drugged soft drink, rendering them unconscious, and then had carnal knowledge of them. A separate charge for rape with a knife was filed against del Rosario alone for an act the following day against Velasquez. During the joint trial, the complainants testified that they were lured to a house, blindfolded, and subjected to hazing. The next day, they were given the adulterated drinks, lost consciousness, and were separately assaulted. Ballesta testified that Buena carried her upstairs and undressed her before she passed out, awakening to find her vagina swollen and painful.
ISSUE
The primary issue is whether accused-appellant Joel Buena is guilty beyond reasonable doubt of the crime of rape as charged.
RULING
The Supreme Court affirmed the conviction. The Court found the testimonies of the complainants credible, consistent, and corroborative of each other regarding the drugging and subsequent sexual assaults. The defense of denial and alibi proffered by Buena was deemed weak and unsubstantiated. The Court ruled that the element of carnal knowledge through the use of a substance rendering the victim unconscious was sufficiently proven, constituting rape under Article 335 of the Revised Penal Code. However, the Court modified the penalty. At the time of the commission of the crime, Buena was 15 years old, a privileged mitigating circumstance of minority. Applying Article 68 of the Revised Penal Code, the penalty of reclusion perpetua was reduced by two degrees to prision mayor in its medium period. An indeterminate sentence was imposed. The Court also increased the civil indemnity to P50,000.00 for each victim, conforming to prevailing jurisprudence. The Court denied the application for a suspended sentence under Presidential Decree No. 603, as no formal application was filed by the accused-appellant in the trial court.