G.R. No. 83812 , December 7, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ENRICO PERALTA and COSME TAMOR, accused-appellants.

FACTS

On the evening of July 12, 1983, Merlyn Robiños was waiting for a ride near Eastland in Pasig. She hailed a tricycle, recognizing it as belonging to an acquaintance. Upon boarding, she found it driven by accused Enrico Peralta, with co-accused Cosme Tamor inside. Tamor immediately pulled her in, poked an icepick at her neck, and announced a hold-up. As the tricycle sped away, he tied a handkerchief over her mouth and divested her of her jewelry, cash, and bag. The duo then brought her to a vacant lot in Life Home Subdivision.
At the vacant lot, Peralta dragged Robiños to an L-shaped wall. While Tamor pointed the icepick at her, Peralta forced himself on her and succeeded in having carnal knowledge against her will. Her struggles and pleas were futile. The attack was interrupted when a man looked over the wall, prompting Peralta to claim Robiños was his girlfriend. The man later returned with a security guard, causing the appellants to flee. They were eventually intercepted by a group from a nearby restaurant. Robiños was brought for examination, with the medico-legal report confirming physical findings consistent with recent sexual intercourse, though noting no external signs of trauma and negative for spermatozoa.

ISSUE

The core issue is whether the guilt of the appellants for the complex crime of robbery with rape was proven beyond reasonable doubt, particularly in light of the defense’s denial and the medico-legal findings.

RULING

The Supreme Court affirmed the conviction. The Court held that the credible and consistent testimony of the victim, Merlyn Robiños, sufficiently established all elements of the crime. The absence of external physical injuries does not negate rape, as intimidation by a deadly weapon like an icepick can subdue resistance. The congestion found in the victim’s genitalia during the medico-legal examination corroborated the fact of recent sexual contact. The lack of spermatozoa is immaterial, as emission is not an element of rape; penetration alone is sufficient.
The Court also found conspiracy between Peralta and Tamor. Their concerted actions—from forcibly taking the victim, robbing her, transporting her to an isolated area, and Peralta’s execution of the rape while Tamor stood guard with the icepick—demonstrated a unity of criminal purpose. The defense of mere alibi and denial could not overcome the positive identification by the victim, who had no motive to falsely accuse them. The trial court’s assessment of witness credibility was accorded great respect. The appealed decision was affirmed with a modification increasing the award of moral damages to P30,000.00.