G.R. No. 115938 October 10, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO GALERA y ROBLES, accused-appellant.

FACTS

Fernando Galera y Robles was charged with the special complex crime of robbery with rape before the Regional Trial Court of Quezon City. The information alleged that on or about January 6, 1994, in Quezon City, the accused, by means of violence and intimidation, robbed Mrs. Juliet A. Vergonia of cash amounting to P500.00 and a Giordano watch valued at P500.00, and on the occasion of said robbery, by means of force and intimidation and while at knife point, had sexual intercourse with her against her will.
The prosecution evidence, primarily from complainant Juliet Vergonia, stated that at around 2:00 a.m. on January 6, 1994, while she and her three children were sleeping in their house, she was awakened by a hand on her private part. The intruder, whom she recognized as Fernando Galera due to light from a bulb in the sala, poked a balisong at her. He undressed her, placed himself on top of her, and despite her resistance and the presence of her awakened child, had sexual intercourse with her. Afterward, he took cash and a wristwatch from under the bed cushions, warned her not to move or he would kill her, and left. The following day, Vergonia went to the NBI for examination and gave a statement. Three or four days after the incident, she saw Galera, a fish peddler, pass by their compound. She later, with police assistance, apprehended him.
The medico-legal officer, Dr. Louella Nario, testified that the seminology test was negative but did not discount the possibility of sexual intercourse without new genital injury given the victim’s physical history. The defense presented alibi. Galera claimed he was at his mother’s house in Montalban, Rizal, from January 5 to 7, 1994, celebrating a fiesta, and was with his live-in partner during the night in question. His mother and partner corroborated his alibi. The trial court convicted Galera and imposed the death penalty, leading to an automatic review by the Supreme Court.

ISSUE

Whether the guilt of the accused for the special complex crime of robbery with rape has been proven beyond reasonable doubt.

RULING

The Supreme Court REVERSED and SET ASIDE the judgment of the trial court and ACQUITTED accused-appellant Fernando Galera y Robles. The Court found that the prosecution failed to prove his guilt beyond reasonable doubt. The decision highlighted several inconsistencies and uncertainties in the testimony of the complainant, Juliet Vergonia, regarding the sequence of events (whether the accused ransacked another room first or entered her room immediately), her actions upon seeing the accused after the incident (delayed reporting and apprehension despite multiple sightings), and the identification of the accused. The Court also noted the lack of conclusive physical evidence of rape and the weak demonstration of the malefactor’s identity. When assessed conjointly, these shortcomings created persistent doubt about the veracity of the prosecution’s account. Consequently, the Court could not sustain the conviction and the imposition of the death penalty.