G.R. No. 116516 September 7, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NEMESIO FERRER y DE GUZMAN, accused-appellant.

FACTS

Accused-appellant Nemesio Ferrer y de Guzman, a 60-year-old farmer, was charged with five counts of rape by his 14-year-old neighbor, Irene Paral. The Informations alleged that on September 25, October 2, October 8, October 16, and October 22, 1993, in Barangay Baybay, Aguilar, Pangasinan, the accused, armed with a kitchen knife and by means of force and intimidation, had sexual intercourse with the victim against her will. The cases were tried jointly. The prosecution established that the victim, as part of her routine, would wash clothes at a nearby creek in the mornings and gather firewood in the afternoons. On each of the first four dates, the accused allegedly approached her from behind, pointed a knife at her, dragged her to a secluded grassy area, boxed her thighs when she resisted, and raped her while threatening to kill her and her family if she reported the incidents. On October 22, the attempt was aborted when a passerby, Arnel Abaday, appeared, causing the accused to flee. The victim eventually reported the rapes to her mother and brother. Medical examination by Dr. Wilma Flores Peralta revealed old hymenal lacerations consistent with penetration and that the victim was pregnant, with her last menstrual period dated September 25, 1993. The defense presented a different version, claiming the victim solicited money and sexual acts from the accused, and that he was incapable of erection due to his age. The trial court found the accused guilty of four counts of rape and one count of attempted rape, sentencing him to reclusion perpetua for each rape and an indeterminate penalty for the attempted rape, ordering him to indemnify the victim, and to acknowledge and support the unborn child.

ISSUE

The main issues raised by the accused-appellant are: (1) whether the trial court erred in giving credit to the victim’s testimony which he claims is incredible; (2) whether the trial court erred in not scrutinizing with extreme caution the testimony of the victim regarding the cause of her pregnancy; and (3) whether the trial court erred in not acquitting the accused, his guilt not having been proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction with modifications. The Court held that the victim’s testimony was credible, sincere, and frank, and was strongly corroborated by the medical findings and her pregnancy. The failure to present the knife used in the crime was not fatal, as the prosecution is not required to corroborate testimonial evidence with physical evidence if the testimony is found to be true and convincing. The Court rejected the defense of impotence due to old age, stating that age is not a criterion for sexual potency, that erection is only necessary for penetration but penetration itself is not an essential element of rape (mere touching of the labia suffices), and that penetration was conclusively proven by the hymenal lacerations and the victim’s pregnancy. The Court also dismissed the defense theory of enticement as most unseemly for a 14-year-old barrio lass to solicit sexual acts for paltry sums from an elderly man. The assailed Decision was AFFIRMED with MODIFICATIONS in the award of damages: the accused-appellant was ordered to pay P50,000.00 as civil indemnity for each count of rape and moral damages in the sum of P100,000.00.