G.R. No. 94336 September 15, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RENE SALUNA y MANGUBAT, alias TITING, accused-appellant.

FACTS

On October 21, 1988, in Katipunan, Rogongon, Iligan City, thirteen-year-old Arceli Fernandez and her fifteen-year-old friend Virginia Arnaiz were walking home. Accused-appellant Rene Saluna y Mangubat alias “Titing” appeared, grabbed Virginia, who struggled and escaped. Titing then forcibly dragged Arceli to a nearby forested area in Kapisahan. There, armed with a scythe, he stripped her, boxed her causing her to faint, and raped her. Upon regaining consciousness, Arceli found her hands shackled with her pants and her eyes blindfolded with her T-shirt. Titing left, laughing. Virginia reported the incident to the Civilian Home Defense Force (CHDF). A search team found Titing at his house, and he pointed to the area where he took Arceli. Arceli was found around 8:30 PM, still tied and blindfolded. A medical examination by Dr. Eustiquio Oliverio revealed fresh hymenal laceration and various abrasions and hematoma on her body. Titing was charged with rape. At trial, the prosecution presented Arceli, Virginia, and Dr. Oliverio. The defense presented only Titing, who initially claimed alibi, stating he was panning for gold at the time. On appeal, he shifted his defense, arguing that Arceli consented to the sexual act because her companion escaped and she did not. The trial court convicted him of rape and sentenced him to reclusion perpetua but did not award indemnity or moral damages due to the accused’s perceived financial distress.

ISSUE

Whether the trial court erred in convicting accused-appellant of rape despite the alleged failure of the prosecution to establish his guilt beyond reasonable doubt, particularly on the issue of the victim’s consent.

RULING

The Supreme Court AFFIRMED the conviction. The defense of consent is untenable and inconsistent with the accused’s initial alibi. The evidence overwhelmingly points to guilt: (1) Titing was positively identified by both Arceli and Virginia; (2) he readily pointed to the location where he took Arceli when asked by CHDF men; (3) his shift to a theory of consent constitutes an implied admission of the sexual act; (4) his alibi is weak; and (5) Arceli’s testimony is corroborated by her physical injuries, torn and blood-stained clothing, and the medical findings of fresh hymenal laceration. All elements of rape under Article 335 of the Revised Penal Code were proven beyond reasonable doubt. The Court modified the trial court’s decision regarding civil liability. The award of indemnity under Article 345 of the Revised Penal Code is mandatory and not conditional on the accused’s financial capacity. Considering the victim’s age and the brutality of the crime, the accused is ordered to indemnify Arceli Fernandez in the amount of P50,000.00.