G.R. No. 142564 , September 26, 2001
People of the Philippines vs. Hilgem Nerio y Giganto

FACTS

The accused-appellant, Hilgem Nerio, was charged with the rape of the 70-year-old complainant, Vilma Concel, a retired public school teacher and his former Grade 1 teacher, on April 1, 1999, in Bacolod City. The Information alleged the use of a bladed weapon, force, and intimidation, with the aggravating circumstance of disregard of respect due to her rank and age. During the pre-trial, it was stipulated that the victim was 70 years old, the accused was her former Grade 1 pupil, the incident happened inside her bedroom located in a store separate from her main house, and both lived in the same area.
The prosecution evidence established that at around 3:30 a.m., while sleeping in her store’s bedroom, the complainant was awakened by a man touching her. The man, whom she identified as the accused-appellant, was armed with a knife, threatened to kill her if she made noise, and forcibly had carnal knowledge of her. She suffered a cut on her right palm from grappling for the knife. After the act, the accused-appellant fled. The complainant reported the incident to her daughter and later to the police. A medical examination revealed a partial tear in her hymenal area and lacerations on her hand, consistent with forced sexual intercourse and a struggle with a sharp instrument. Police inspection showed the accused-appellant likely entered by scaling a wall and detaching window louvers.
The accused-appellant admitted to sexual intercourse with the complainant on April 1, 1999, but claimed it was consensual, alleging they were sweethearts and had two prior sexual encounters in December 1998 and February 1999, after which she gave him money. He claimed the April 1 encounter occurred after a drinking spree, was voluntary, and he was given P100.00.

ISSUE

The central issue is whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape as charged.

RULING

The Supreme Court affirmed the conviction. The Court found the complainant’s testimony credible, straightforward, and consistent. Her advanced age and status as a retired teacher and former teacher of the accused-appellant made her account inherently credible and unlikely to be fabricated. The medical findings corroborated her claim of forced intercourse and a struggle. The defense of a sweetheart relationship was rejected as inherently improbable and a mere fabrication. The Court found it unbelievable that a 70-year-old widow of high standing would initiate a sexual relationship with a much younger former pupil. The claim of consensual sex was further undermined by the violent mode of entry into the house and the complainant’s prompt reporting of the incident, despite an initial hesitation to immediately disclose the rape. The aggravating circumstances of disregard of respect due to the offended party on account of her age and rank were properly appreciated. The penalty of death under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659 , was imposed, as the rape was committed with a deadly weapon and the victim was over seventy (70) years old. The Court also awarded civil indemnity, moral damages, and exemplary damages.