G.R. No. 121979 March 2, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SAMUEL ULZORON, accused-appellant.

FACTS

On March 31, 1987, around 10:00 AM, Emily Gabo was watering plants near a well in Brgy. Tumarbong, Roxas, Palawan, when accused-appellant Samuel Ulzoron, armed with a bolo, appeared. After asking about her husband’s whereabouts, he grabbed her wrists, locked them behind her back, and pointed the bolo at her neck. Intimidated, she struggled but eventually weakened. He then dragged her approximately forty meters to a bushy area, forced her to lie down, placed his bolo beside him, pinned her arms, ripped off her dress and panties, and had sexual intercourse with her for about fifteen minutes. Upon hearing her husband Roberto’s voice calling for her, Ulzoron fled. Emily emerged from the bushes, informed her husband of the rape, and together they recovered Ulzoron’s bolo and work shirt from the scene. The following afternoon, Emily was medically examined; the doctor noted a discharge mixed with semen and other physical findings consistent with recent sexual intercourse. She filed a complaint the next day. Ulzoron’s defense was that he saw the Gabo spouses having sexual intercourse in a hut when he returned for his belongings, and he left out of shame. The trial court found Emily’s testimony credible and convicted Ulzoron of rape with the use of a deadly weapon, sentencing him to reclusion perpetua but awarding no indemnity.

ISSUE

Whether the trial court erred in convicting accused-appellant Samuel Ulzoron of rape based on the evidence presented.

RULING

The Supreme Court AFFIRMED the conviction. The prosecution evidence was overwhelming. The Court found Emily Gabo’s testimony straightforward, logical, and credible, corroborated by the medico-legal report and physical evidence (torn clothing, recovered bolo and shirt). Her immediate post-assault conduct (reporting to her husband, medical examination, filing a complaint) was consistent with a rape victim’s behavior. The Court rejected Ulzoron’s arguments: (1) the absence of physical injuries did not negate rape, as intimidation from the bolo was sufficient and the term “dragged” was clarified to mean he was holding and pushing her; (2) the bolo constituted intimidation throughout the incident, even when placed beside him; (3) the “sweetheart theory” raised on appeal was a departure from his trial defense of denial and was unsupported; and (4) the fact that the judge who penned the decision did not personally hear all testimonies did not impair its validity, as the records amply supported the findings. The Court modified the penalty by ordering Ulzoron to indemnify Emily Gabo in the amount of P50,000.00 and to pay the costs.