G.R. No. 118935 October 6, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FERNANDO LO-AR y BERING, accused-appellant.

FACTS

The accused-appellant, Fernando Lo-ar y Bering, was convicted by the Regional Trial Court of Zamboanga City of the complex crime of Forcible Abduction with Rape. The prosecution’s version, as presented by the victim Isabelita Campoy (17 years old), is that in the early morning of July 13, 1993, in Zamboanga City, while she was looking for a restroom near her aunt’s store, the accused called her, grabbed her, forcibly lifted her into a waiting jeep, and covered her mouth while poking a hard object at her back. She was brought to Greenhills Motel in Lunzuran, forced into a cottage, slapped, undressed, and raped despite her resistance. She escaped when the accused fell asleep, reported the incident to the police, and led them back to the motel where the accused was apprehended. A medical examination revealed a fresh hymenal laceration and the presence of spermatozoa. The defense version, presented by the accused, is that the sexual intercourse was consensual. He claimed he met the complainant earlier that evening at a stall, where she confided her problems, asked to borrow money, and agreed to go with him for P300. They agreed to meet at 2:00 a.m., traveled separately to the motel, checked into a cottage together without force, and had sexual intercourse twice. He alleged that after, she threatened to accuse him of rape unless he paid P50,000 or accompanied her home.

ISSUE

The central issue is whether the prosecution proved beyond reasonable doubt the guilt of the accused for the complex crime of Forcible Abduction with Rape, specifically whether the element of force or intimidation in the carnal knowledge and the abduction was present, or if the defense of consensual sex is credible.

RULING

The Supreme Court AFFIRMED the decision of the trial court convicting the accused of Forcible Abduction with Rape and sentencing him to reclusion perpetua, with moral damages. The Court upheld the trial court’s assessment of the complainant’s credibility, finding her testimony straightforward, consistent, and corroborated by the medical findings. The Court rejected the accused’s claim of consensual sex as inherently improbable, noting the lack of motive for the complainant to fabricate the charge, the sudden and violent manner of the abduction as she was seized from a public street, and the logical sequence of her immediate report to authorities and assistance in the accused’s apprehension. The Court emphasized that the force or intimidation in rape is relative and need not be overpowering, and that the trial court’s findings on witness credibility are accorded great respect. The use of a motor vehicle (jeep) in the abduction was correctly considered as an aggravating circumstance.