G.R. No. 137824, September 17, 2002
People of the Philippines, Plaintiff-Appellee, vs. Nexiel Ortega @ “Rex Ortega,” Accused-Appellant.
FACTS
The accused-appellant, Nexiel Ortega, was charged with the rape of Elisa Oguyan. The prosecution’s case relied primarily on Elisa’s testimony. She stated that on June 27, 1996, around 11:30 PM, while walking alone back to her workplace, Ortega, a security guard at an ice plant, blocked her path, dragged her inside the plant’s guardhouse, and raped her. She testified he used force and intimidation, referencing his firearm, and warned her not to report the incident. She reported the rape to her mother and the police on June 30, 1996. The defense presented a different account. Ortega claimed he and Elisa were sweethearts, and that she visited him at the guardhouse on the night in question to give him gifts. He alleged that his other girlfriend arrived, causing a confrontation, after which Elisa left. He denied the rape and stated he left for Bukidnon the following day due to his father’s illness, failing to collect his salary. The Regional Trial Court found Ortega guilty of rape and sentenced him to reclusion perpetua, ordering him to indemnify Elisa P100,000.
ISSUE
The principal issue for resolution is whether the trial court erred in convicting the accused-appellant of rape despite the alleged flaws in the complainant’s testimony and the defense of denial and alibi.
RULING
The Supreme Court affirmed the conviction but modified the damages. The Court found the testimony of the complainant, Elisa Oguyan, to be credible, straightforward, and consistent. It held that her failure to shout for help was reasonable given the intimidation posed by the accused, a uniformed security guard with a firearm, in an isolated area at night. The Court rejected the defense’s claim of a sweetheart relationship as a mere fabrication, noting the accused’s sudden flight to Bukidnon after the incident as an indication of guilt. The defense of alibi was likewise dismissed for being weak and unsubstantiated. The penalty of reclusion perpetua was upheld. However, the civil indemnity was reduced from P100,000 to P50,000, in line with jurisprudence for simple rape. The Court also awarded moral damages of P50,000 without need of further proof. The decision was affirmed with modification to the damages awarded.
