G.R. No. L-57738 October 23, 1984
People of the Philippines, plaintiff-appellee, vs. Gorgonio Resano, defendant-appellant.

FACTS

The appellant, Gorgonio Resano, was convicted of rape by the Court of First Instance of Leyte and sentenced to reclusion perpetua. The complainant, Teofila Cabug-os, a 16-year-old student, testified that on August 3, 1979, the appellant lured her to a house under the pretense of an errand. Once inside, he dragged her to a room, covered her mouth, threatened her with a kitchen knife, and forcibly had sexual intercourse with her despite her resistance, causing her to faint. She reported the incident to her sister and mother shortly thereafter. A medical examination confirmed fresh lacerations on her hymen and abrasions on her body, though a sperm smear was negative.
The defense, through witnesses Hermelinda Candaza and Arcadia Octaviano, presented an alibi, claiming the appellant was merely at a balcony giving money to the complainant at the time of the alleged incident. The appellant himself did not testify. The defense further theorized that the complaint was fabricated for revenge, motivated by a prior theft case involving the complainant’s father, in which the appellant was suspected but the father was acquitted.

ISSUE

The main issues are: (1) whether sexual intercourse occurred through force and intimidation, and (2) whether the penalty of reclusion perpetua was correctly imposed.

RULING

The Supreme Court affirmed the conviction. On the first issue, the Court found the complainant’s testimony credible, straightforward, and consistent. Her immediate report to relatives, submission to a medical exam, and the corroborative physical findings strongly supported her account. The Court rejected the defense’s revenge theory as unconvincing, noting it was improbable that a young Filipina would subject herself to public shame and ridicule merely to settle a score, especially absent evidence of parental malice. The negative sperm finding did not negate rape, as penetration alone is sufficient.
On the second issue, the Court held the penalty was proper. The crime was simple rape under Article 335 of the Revised Penal Code, as amended, punishable by reclusion perpetua. The trial court correctly treated the use of a knife as part of the force employed, not a qualifying circumstance requiring a higher penalty, as the information did not allege its use for qualification. No mitigating or aggravating circumstances altered the liability. However, the indemnity was increased from P12,000 to P30,000. The judgment was thus affirmed with modification.