G.R. No. 125292. April 12, 2000.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ANDY ROJAS y DE DIOS, accused-appellant.

FACTS

On July 19, 1994, at around 5:00 a.m., complainant Rowena Agustin was walking home in Quezon City when accused-appellant Andy Rojas attacked her from behind, poked a gun at her temple, and fired it at her umbrella to intimidate her. He then dragged her to a grassy area, threatened to kill her, forced her to undress, and compelled her to perform oral sex. Despite her resistance, which included kicking him, accused-appellant succeeded in having carnal knowledge with her. After the incident, he warned her not to report the crime.
Rowena immediately reported the rape to her employer. Based on her description of the assailant, her employer’s brother, Valiente Sales, suspected accused-appellant, who was renting a room in his house. Accused-appellant was subsequently located and brought for questioning. Rowena positively identified him twice: first at the barangay hall later that morning when he provocatively asked her a question, and second in a police line-up that evening involving seven men.

ISSUE

The primary issue is whether the prosecution proved accused-appellant’s guilt for the crime of rape beyond reasonable doubt.

RULING

The Supreme Court affirmed accused-appellant’s conviction but modified the penalty. The Court found Rowena’s testimony credible, consistent, and corroborated by the medical examination, which revealed fresh lacerations consistent with recent sexual intercourse and physical struggle. Her positive identification of accused-appellant on two separate occasions was deemed categorical and reliable, outweighing his defenses of denial and alibi. For alibi to prosper, the accused must demonstrate the physical impossibility of being at the crime scene, which accused-appellant failed to establish.
However, the Court reduced the penalty from death to reclusion perpetua. While the evidence showed accused-appellant used a gun to intimidate the victim, this aggravating circumstance of use of a deadly weapon was not alleged in the information. Consequently, the crime committed was simple rape, punishable by reclusion perpetua under Article 335 of the Revised Penal Code. The Court affirmed the award of P50,000.00 as civil indemnity and additionally awarded P50,000.00 as moral damages, which is automatically granted in rape cases without need of further proof.