G.R. Nos. 124474 & 139972-78; January 28, 2003
People of the Philippines, plaintiff-appellee, vs. Silverio Montemayor alias “Beriong”, accused-appellant.

FACTS

Accused-appellant Silverio Montemayor was charged with eight counts of rape against twelve-year-old Aileen S. Alba on four separate dates in 1995. The prosecution evidence established that on January 16, 1995, Aileen was called by the accused, whom she knew, near the barangay hall. Armed with a fan knife (balisong) and a handgun, he dragged her inside, tied her hands and feet, covered her mouth, and raped her four times on a wooden bed, threatening to kill her if she reported it. Aileen’s cousin, Jennifer Soriano, witnessed one of these rapes. The accused raped Aileen again on January 23, 1995, February 4, 1995 (twice), and February 19, 1995, employing similar force, intimidation, and weapons. Aileen did not immediately report the incidents due to fear. The matter was revealed after a quarrel between Aileen and Jennifer on February 20, 1995, leading to a medical examination which confirmed sexual abuse, showing old and superficial hymenal lacerations. The accused denied the allegations, presenting an alibi that he was in Baguio City on January 15, 1995, and at his sister’s house on the other dates. The trial court convicted him of five counts of rape (the four on January 16 and the one on January 23) and acquitted him of the three counts allegedly committed on February 4 and 19, 1995. The penalty imposed for each count was “reclusion perpetua to death” and moral damages.

ISSUE

The appeal assails the conviction based on the credibility of the complainant’s testimony, the weight given to the defense’s evidence, and the sufficiency of the prosecution’s evidence to prove guilt beyond reasonable doubt for the five counts of rape.

RULING

The Supreme Court affirmed the conviction. It held that the testimony of the victim, Aileen Alba, was credible, straightforward, and consistent. The Court found no reason for a young barrio lass to fabricate a story of rape and undergo the ordeal of a public trial if not motivated by a desire to seek justice. The medical findings corroborated her claim of sexual abuse. The defense of alibi was weak and could not prevail over the positive identification by the victim. The use of a deadly weapon (balisong) and the victim’s minority (12 years old) qualified the crimes. However, the penalty imposed by the trial court, “reclusion perpetua to death,” was indeterminate and incorrect. For each count of rape committed with the use of a deadly weapon, the proper penalty under Article 335 of the Revised Penal Code, as amended by R.A. 7659, is reclusion perpetua. The Court modified the penalty to reclusion perpetua for each of the five counts of rape. The award of moral damages was increased from P50,000.00 to P75,000.00 for each count, in line with prevailing jurisprudence.