GR 125965; (January, 2000) (Digest)
G.R. No. 125965 January 21, 2000
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. PATRICIO GOZANO, accused-appellant.
FACTS
The prosecution alleged that on October 28, 1994, accused-appellant Patricio Gozano, the victim’s granduncle by affinity, raped his 19-year-old granddaughter, Nelly Saliente, in Barangay San Vicente, Bato, Camarines Sur. Nelly testified she was alone, fetching their carabao, when Gozano grabbed her, dragged her to his house, and forcibly had carnal knowledge of her. He threatened to kill her and her family if she reported the incident. Nelly concealed her resulting pregnancy out of fear and only revealed the rape to her father after giving birth on July 31, 1995. Her father, Lorenzo Saliente, and the assisting midwife corroborated aspects of her testimony. The defense presented only Gozano, who denied the allegations, claiming he was at work during the incident and suggesting the complaint was motivated by a land dispute and familial anger over his extramarital affair.
ISSUE
Whether the guilt of accused-appellant Patricio Gozano for the crime of rape was proven beyond reasonable doubt.
RULING
No. The Supreme Court reversed the trial court’s conviction and acquitted Gozano on grounds of reasonable doubt. The Court meticulously scrutinized the victim’s testimony and found it replete with inherent improbabilities that eroded its credibility. First, the claim of being dragged a significant distance to the house in broad daylight without any outcry or resistance attracting attention was deemed contrary to human experience. Second, the assertion that she immediately put on her clothes and proceeded to fetch the carabao after the traumatic assault was found unnatural. Third, the allegation of repeated, un-witnessed knife threats over nine months between neighbors was considered highly improbable. Fourth, the Court found it unbelievable that her parents, living with her, failed to notice her full-term pregnancy, describing her as “petite.” The prosecution’s evidence merely established sexual intercourse and pregnancy but crucially failed to prove the essential element of force or intimidation. The rebuttal witness’s testimony about Gozano’s sexual habits was irrelevant to proving rape. Consequently, the evidence did not meet the required moral certainty for conviction.