GR 117482; (May, 1996) (Digest)
G.R. No. 117482 . May 8, 1996.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROMEO ESGUERRA, alias “BOTOG”, accused-appellant.
FACTS
Romeo Esguerra was charged with statutory rape for the carnal knowledge of eleven-year-old Rosalina Garbo in May 1987 in Camiling, Tarlac. The case was archived after Esguerra evaded arrest for over six years until his apprehension in late 1993. The prosecution presented evidence detailing four separate incidents of rape. The first occurred in May 1987 when Esguerra, armed with a knife, dragged Rosalina to a room and assaulted her. He raped her again later that same day. A third assault happened on June 12, 1987. The fourth and final rape occurred later that afternoon, witnessed by Rosalina’s sister, Helen, who then sought help.
Helen alerted neighbors and their mother, Lilian. A medical examination of Rosalina conducted hours after the last assault revealed a fresh hymenal laceration and the presence of spermatozoa. Esguerra denied the accusations, claiming alibi, but offered no corroborating witnesses. The trial court convicted him of a single count of rape and sentenced him to reclusion perpetua.
ISSUE
Whether the trial court erred in convicting the accused of only one count of rape instead of four separate counts.
RULING
The Supreme Court modified the trial court’s decision, finding Esguerra guilty of four counts of statutory rape. The legal logic is anchored on the principle that each act of sexual intercourse accomplished through force or intimidation, or with a victim below twelve years of age, constitutes a distinct and separate crime. The prosecution evidence clearly established four separate incidents on different dates and times: two on a single day in May 1987, one on the morning of June 12, 1987, and a final one on the afternoon of the same day. Each act was proven by the credible and consistent testimony of the victim, corroborated by her sister’s eyewitness account for the final incident and the medico-legal findings. The defense of alibi, uncorroborated and weak against positive identification, deserved no weight. Consequently, the penalty of reclusion perpetua was imposed for each of the four counts. The Court also awarded civil indemnity of P50,000.00 per count and exemplary damages of P25,000.00 per count due to the aggravating circumstance of dwelling, where the crimes were committed in the victim’s own home.