GR 137752; (June, 2001) (Digest)
G.R. No. 137752 ; June 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROBERT AYUNGON, accused-appellant.
FACTS
On the night of February 15, 1998, through the early morning of February 16, 1998, Carlalyn Bargos (16 years old), her sister Cristina, and their mother Corazon were sleeping in their room. At about 4:30 a.m., Carlalyn was awakened as she felt somebody touching her sex organ. She opened her eyes and saw accused-appellant Robert Ayungon pointing a knife at her neck, threatening to kill her if she shouted. He covered her face with a pillow, forcibly removed her shorts and panties, and succeeded in inserting his penis into her vagina despite her resistance. He threatened her with a knife, pressing it against her neck whenever she moved. Carlalyn eventually cried out, awakening her sister Cristina, who saw accused-appellant on top of Carlalyn, thrusting up and down. Accused-appellant then covered Cristina’s eyes and poked a knife at her neck. Their mother Corazon awoke and saw accused-appellant fleeing. Carlalyn reported the rape to her mother, who then accompanied her to the police station to lodge a complaint and to Camp Crame for a medical examination. The medical findings showed a linear abrasion on her neck and fresh lacerations on her hymen, compatible with recent loss of virginity. Accused-appellant interposed the defense of denial and alibi, claiming he was at home sleeping at the time. The Regional Trial Court convicted him of rape and sentenced him to reclusion perpetua.
ISSUE
The primary issue concerns the credibility of witnesses and whether the trial court erred in finding the accused guilty beyond reasonable doubt of the crime of rape.
RULING
The Supreme Court AFFIRMED the conviction. The Court upheld the trial court’s assessment of the credibility of the prosecution witnesses, finding no reason to deviate from its findings. The testimony of private complainant Carlalyn was clear, straightforward, and convincing. Her account was corroborated by her sister Cristina, who witnessed the act, and by the medical findings. The defense of denial and alibi cannot prevail over the positive identification by the victim. The Court affirmed the penalty of reclusion perpetua. It also modified the damages, ordering accused-appellant to pay P50,000.00 as civil indemnity in addition to the P50,000.00 moral damages awarded by the trial court.