G.R. No. 116292 July 31, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JIMMY PEÑERO Y BARRANDA, accused-appellant.

FACTS

On the morning of May 9, 1990, Maria Primavera, who was seven months pregnant, went to inspect her family’s upland ricefield in Sitio Racracan, Lagonoy, Camarines Sur. While on her way home, she met her first cousin, accused-appellant Jimmy Peñero, who was brandishing an unsheathed bolo and had his pants unzipped. He made a lascivious statement, embraced her, pushed her to the ground, and proceeded to have sexual intercourse with her while holding the bolo. Maria struggled but was overpowered. After the act, Peñero threatened to kill her if she reported the incident. An Information for rape was filed against him. During trial, Peñero admitted to the sexual intercourse but claimed it was consensual, alleging that he and Maria were lovers and that she fabricated the charge because they were seen by two persons and to escape her husband’s wrath. The trial court convicted him of rape and sentenced him to reclusion perpetua, ordering him to pay P40,000.00 in damages.

ISSUE

Whether the guilt of accused-appellant Jimmy Peñero for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court AFFIRMED the conviction with modification. The Court found no merit in Peñero’s arguments. First, Maria’s fear was reasonable given his armed and lascivious demeanor, regardless of their familial relationship. Second, her failure to shout for help did not negate rape, as her reaction was influenced by intimidation and fear for her and her baby’s safety. Third, the presence of force was established by the medico-legal findings, including an abrasion at the vaginal entrance and contusions on her elbow, coupled with her torn clothing, which contradicted claims of consensual sex. Fourth, the defense of a love affair was deemed incredible, as Maria promptly reported the rape to her husband and authorities, and Peñero failed to identify the alleged witnesses. Fifth, the trial court’s factual findings and credibility assessment were accorded respect. The Court increased the damages from P40,000.00 to P50,000.00 in accordance with prevailing jurisprudence.