GR 66755; (January, 1992) (Digest)
G.R. No. L-66755. January 23, 1992.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ELPIDIO MAGALUNA, accused-appellant.
FACTS
Elpidio Magaluna was convicted by the trial court of the crime of rape against his niece, Judith G. Berte. The information alleged that on June 19, 1972, in General Luna, Surigao del Norte, Magaluna, armed with a bolo and through force and intimidation, had carnal knowledge of Judith against her will. The trial court sentenced him to an indeterminate penalty and ordered him to pay moral damages. The case was elevated to the Court of Appeals, which certified it to the Supreme Court due to the penalty involved.
The prosecution’s evidence established that Magaluna entered the victim’s house at midnight. He threatened her with a bolo, placed it at her neck, and proceeded to rape her. Judith immediately reported the incident to her parents and a medico-legal examination confirmed recent sexual intercourse and physical injuries consistent with force. Magaluna, in his defense, claimed the act was consensual and initiated by the victim, and that he desisted due to moral compunction.
ISSUE
The core issue is whether the prosecution proved beyond reasonable doubt all the elements of the crime of rape, particularly the use of force or intimidation and the lack of consent.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of witnesses, giving utmost respect to its factual findings. The victim’s positive, clear, and consistent testimony on the use of a bolo to threaten her and the force employed to consummate the act was deemed credible and sufficient to establish guilt. Her prompt reporting of the crime and the corroborative medical findings bolstered her account.
The Court rejected the appellant’s claim of consensual relations and desistance as inherently improbable and a mere denial. The presence of intimidation, evidenced by the weapon and the appellant’s position of moral ascendancy as a relative, vitiated any purported consent. On the penalty, the Court modified the trial court’s decision. Applying Article 335 of the Revised Penal Code, the proper penalty for simple rape is reclusion perpetua, a single indivisible penalty not subject to the Indeterminate Sentence Law. The civil indemnity was increased to P50,000.00, considering the aggravating circumstance of relationship and abuse of confidence.