GR 94309; (June, 1992) (Digest)
G.R. No. 94309 June 18, 1992
People of the Philippines, plaintiff, vs. Rene Paciente, defendant.
FACTS
Norma Dulfo, an 18-year-old resident of Anoring, Sara, Iloilo, attended a fiesta in Talisay on April 23, 1984. In the evening, after a commotion at a dance hall, the accused, Rene Paciente (the husband of Norma’s second cousin), offered to take her home on his motorcycle, promising safety. Norma reposed trust in him, calling him “Toto.” Instead of heading to her home, Paciente diverted the motorcycle to a desolate, uninhabited old road near Lemery. There, he forcibly dragged her, tore her clothes (blouse, pants, and panty), boxed her stomach rendering her unconscious, and raped her. He threatened to kill her and her family if she reported the incident. Norma went home, and early the next morning, she went to Iloilo City, confiding in a PC soldier, Bienvenido Tupas. She was examined at Sara District Hospital on April 25, where Dr. Raul Banias found abrasions on her right upper arm and other physical conditions. She reported the crime, and her torn clothing was deposited as evidence. An information for rape was filed against Paciente. The Regional Trial Court convicted Paciente of rape and sentenced him to reclusion perpetua and an indemnity of P25,000. The accused appealed, challenging the credibility of the complainant’s testimony and pointing to alleged inconsistencies.
ISSUE
Whether the trial court erred in convicting the accused of rape based on the prosecution’s evidence.
RULING
The Supreme Court affirmed the trial court’s decision. The Court found no material inconsistency in the complainant’s statements regarding the time of the rape (between 11:30 p.m. of April 23 and 4:00 a.m. of April 24), noting that minor lapses are expected when recounting a traumatic event. The element of force was established by the torn clothing presented as evidence and the complainant’s act of scratching the accused’s face, which was corroborated by a witness who saw linear abrasions on the accused’s cheek and neck. The Court dismissed the accused’s alibi and his claim of a prior amorous relationship with the complainant for lack of substantiation. The civil indemnity was increased to P50,000.00 in line with prevailing jurisprudence. The penalty of reclusion perpetua was upheld.