G.R. No. 118992 October 9, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CELERINO CASTROMERO, accused-appellant.

FACTS

The accused-appellant, Celerino Castromero, was charged with the complex crime of Rape with Serious Physical Injuries. The complaint alleged that on February 6, 1993, at around 2:00 a.m., in Balayan, Batangas, the accused, armed with a knife, by means of force and intimidation, had carnal knowledge of the offended party, Josephine Baon, against her will. As a consequence, Josephine suffered serious physical injuries from jumping out of her house window to escape, requiring medical attendance and incapacitating her for more than ninety days. The Regional Trial Court found the accused guilty beyond reasonable doubt and sentenced him to reclusion perpetua, with indemnity and damages.
The prosecution’s version, as presented through the victim Josephine Baon, her mother-in-law Felipa Baon, and her husband Esmeraldo Baon, is as follows: Josephine was asleep when she was awakened by a door slam. She met the accused outside her room, who pointed a knife at her and threatened to kill her if she shouted. The accused embraced her, kissed her cheek, touched her breasts, pulled her panty, and touched her private parts. He then removed his pants and brief, placed himself on top of her, and tried to insert his penis into her vagina. Due to her resistance and their movements, his penis touched her vagina. When she noticed he was no longer holding the knife, she pushed him away. As he grabbed her and was about to stab her, she jumped out the window, resulting in a broken spinal column that required surgery and prolonged medical care.
The defense, through the accused and his wife Juliana, presented denial and alibi. They claimed that on the evening of February 5, 1993, the accused was at home, went out to gamble around 7:00 p.m., returned before midnight, slept, woke up at 5:00 a.m., and went to work the next morning. He was later informed by the barangay captain that he was a suspect and went to the police station to explain, not to surrender.

ISSUE

Whether the trial court erred in not acquitting the accused-appellant of the complex crime of Rape with Serious Physical Injuries.

RULING

The Supreme Court AFFIRMED the trial court’s decision with modification, increasing the indemnity. The Court ruled that the appeal was not meritorious. It held that the victim’s testimony was credible, straightforward, and consistent. The Court emphasized that in rape cases, the complainant’s testimony, if credible, is sufficient to sustain a conviction. It found that the victim’s account of the sexual assault, including the touching of her vagina by the accused’s penis, constituted consummated rape, as complete penetration is not required. The Court also ruled that the accused was liable for the serious physical injuries suffered by the victim as a direct result of her attempt to escape his assault, thereby constituting the complex crime of rape with serious physical injuries. The defense of denial and alibi was rejected for being weak and uncorroborated, and for failing to meet the requirement of physical impossibility to be at the crime scene.