G.R. No. 133827 November 27, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. COSME L. PASTORETE, JR., accused-appellant.

FACTS

On April 6, 1997, in Makati City, accused-appellant Cosme L. Pastorete, Jr., a taxi driver, was charged with rape against Charito Matiga, an 18-year-old domestic helper. The prosecution’s evidence established that on the night of April 5, 1997, after attending a fellowship, complainant Charito Matiga boarded appellant’s taxi in Fairview to go home. Instead of taking her to her destination, appellant drove her to San Antonio Church in Forbes Park, Makati. After an argument over her inability to change a P1,000 bill for the fare, appellant parked the taxi. He then jumped to the backseat, held her hands, placed his knees over her thighs, kissed her, and mashed her breasts. When she pushed him, appellant slapped her on the neck, rendering her unconscious. Upon regaining consciousness, she found herself naked with appellant on top of her, his penis inserted into her private parts, making pumping motions. After he ejaculated, a security guard, Amado Obico, Jr., approached the taxi. Appellant claimed they were lovers, but Charito immediately told the guard she had been raped. The police were called, and Charito was medically examined. The NBI examination revealed hymenal laceration, presence of semen, an abrasion on her left leg, and tenderness and swelling on her left upper chest. Security guard Obico corroborated her account, testifying he saw appellant on top of Charito inside the parked taxi. Appellant, in his defense, claimed the sexual intercourse was consensual and initiated by Charito. He also alleged he was maltreated by the security guards. The defense presented witnesses to impeach Charito’s character, testifying she had been detained for theft. The Regional Trial Court found appellant guilty of rape and sentenced him to reclusion perpetua, ordering him to pay moral and exemplary damages.

ISSUE

Whether the trial court erred in finding accused-appellant Cosme L. Pastorete, Jr. guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court AFFIRMED the conviction with MODIFICATION. The Court held that the prosecution proved appellant’s guilt beyond reasonable doubt. The complainant’s testimony was found to be credible, straightforward, and consistent, and was corroborated by the physical findings of the NBI and the eyewitness account of security guard Amado Obico, Jr. The Court rejected appellant’s claim of consensual sex, noting that his version was inherently improbable and that Charito’s conduct during and after the incident was consistent with that of a rape victim. The Court emphasized that the trial court’s assessment of witness credibility is entitled to great respect. However, the award of exemplary damages was deleted as there was no aggravating circumstance. In line with prevailing jurisprudence, the Court modified the damages: appellant was ordered to pay P50,000.00 as civil indemnity and P50,000.00 as moral damages to the offended party, in addition to the costs.