GR 137278; (February, 2003) (Digest)
G.R. Nos. 137278-79; February 17, 2003
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. FRIVALDO BESMONTE y LORENO and SONNY APUYAN y MORIN, accused-appellants.
FACTS
The victim, Melanie A. Gozmo, a 15-year-old minor, was residing in the house of her uncle, appellant Sonny Apuyan, where appellant Frivaldo Besmonte, the second husband of her maternal grandmother, also lived. Melanie testified that on May 31, 1994, Apuyan raped her at knifepoint while she was sleeping. She further testified that on December 15, 1994, Besmonte also raped her, threatening to kill her and her siblings if she reported it. Her pregnancy, discovered by her cousin Agnes Hinanay in April 1995, led to the revelation of the rapes and the subsequent filing of two separate Informations against the appellants.
The defense of both appellants was denial and alibi. Apuyan claimed he was drunk and asleep at the time of the alleged rape on May 31, 1994. Besmonte asserted he was in another town buying bamboo on December 15, 1994. The Regional Trial Court convicted both appellants of rape and sentenced them to reclusion perpetua, prompting this appeal.
ISSUE
Whether the guilt of appellants Frivaldo Besmonte and Sonny Apuyan for the crime of rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the convictions. The Court found the testimony of the victim, Melanie Gozmo, to be credible, straightforward, and consistent. She provided clear and convincing details of the rapes, including the use of a knife and threats against her life, which established the essential elements of carnal knowledge through force or intimidation. The Court emphasized that in rape cases, the complainant’s testimony, if credible, is sufficient to sustain a conviction. The defenses of denial and alibi were rightly rejected for being inherently weak and unsubstantiated. Alibi cannot prevail over the positive identification by the victim, who recognized Besmonte by his voice and odor. The Court also noted that the victim’s delay in reporting the incidents was sufficiently explained by the threats made against her and her siblings. The penalty of reclusion perpetua for each appellant was affirmed as the proper penalty for simple rape under Article 335 of the Revised Penal Code, as the Informations did not allege any qualifying circumstance that would warrant the death penalty.