G.R. No. 118314 April 15, 1998
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ERNESTO AUXTERO @ TOYTOY, accused-appellant.

FACTS

Accused-appellant Ernesto Auxtero, a tricycle driver, was charged with the rape of 14-year-old Ruth Tutor. On November 28, 1992, Ruth, on her way home from school in Talibon, Bohol, rode Auxtero’s tricycle. Upon reaching her house, instead of stopping, Auxtero increased speed. An old, drunk woman passenger alighted at another barangay. Auxtero then held Ruth’s hand, transferred her to the sidecar, and drove to a secluded area in Garcia Park. There, he carried her up a hill, removed their clothing, and despite her struggles and shouts, succeeded in penetrating her vagina, causing her pain. Afterwards, he threatened to kill her if she told anyone and eventually gave her a ride home. Upon arrival, Ruth immediately reported the rape to her parents. They had her medically examined at Garcia Memorial Hospital and reported the incident to the police. The medical examination showed abrasions lateral to the vaginal opening, though the hymen was intact and tests for spermatozoa were negative. The police, with Ruth, later found her missing wristwatch at the scene. Auxtero denied the rape, claiming Ruth insisted on staying on the tricycle past her house, and presented witnesses to corroborate his story and his presence elsewhere.

ISSUE

Whether the trial court erred in convicting accused-appellant Ernesto Auxtero of rape based on the testimony of the complainant, despite alleged contradictions and lack of corroborating medical evidence.

RULING

The Supreme Court affirmed the conviction. The trial court’s findings, especially its assessment of witness credibility, are accorded great respect. The complainant’s testimony was straightforward, candid, and consistent even under cross-examination. The medical report, though showing an intact hymen, indicated abrasions by the vaginal opening, which is sufficient to prove penetration. A medical report is not indispensable for a rape conviction if the victim’s testimony is credible. The Court found no merit in the appellant’s claims that the victim’s story was improbable because no one helped her during the abduction; the tricycle was moving fast, the appellant held her tightly, and the other passenger was drunk and had alighted. The immediate reporting of the incident to her parents and the police, and the trauma of a public trial, bolster her credibility. The defense of denial, supported by relatives and friends, cannot prevail over the positive and credible identification by the victim. The prosecution proved guilt beyond reasonable doubt. The penalty of reclusion perpetua and an indemnity of P50,000 to the victim were affirmed.