G.R. No. 138401; July 11, 2002
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GERRY LINING and LIAN SALVACION, accused. GERRY LINING, accused-appellant.

FACTS

Accused Gerry Lining and Lian Salvacion were charged with Abduction with Rape. Salvacion remained at large, and trial proceeded against Lining alone. The prosecution evidence established that on October 5, 1997, the 15-year-old victim, Emelina Ornos, was walking home alone from a dance when Lining and Salvacion accosted her. Lining poked a knife at her, and they dragged her to an unoccupied house. Inside, Lining and Salvacion, while holding her down and kissing her, had carnal knowledge of her one after the other. The victim managed to escape and later reported the incident. Medical examination revealed contusions and fresh erosion in her vaginal wall, consistent with recent sexual intercourse. The defense presented an alibi, claiming Lining was drinking at a relative’s house and later accompanied a friend home, thus could not have been at the crime scene.

ISSUE

The core issue is whether the prosecution proved the guilt of accused-appellant Gerry Lining for the crime charged beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction but modified the crime and penalty. The Court found the victim’s testimony credible, straightforward, and consistent. Her detailed account of the abduction and sequential rape was corroborated by medical findings of physical injuries and fresh vaginal erosion. The defense of alibi was rightly rejected by the trial court as it was not physically impossible for Lining to be at the crime scene; the locations involved were not far apart. The Court also noted the inherent weakness of alibi, especially when weighed against the positive identification by the victim, who knew Lining as a former neighbor. However, the Information charged Abduction with Rape under Article 342 in relation to Article 335 of the Revised Penal Code. The Court ruled that the element of “taking” for abduction was not sufficiently proven, as the victim was already on her way home and was not taken from one place to another for the primary purpose of abduction. The acts of force and intimidation were employed directly to commit rape. Consequently, the crime committed was simple rape, not complex abduction with rape. Applying the law, and considering the use of a deadly weapon, the penalty for each count of rape is reclusion perpetua. Lining is liable for two counts: one for his own act and one as a co-conspirator in the rape committed by Salvacion, as he performed overt acts by holding the victim, enabling the other to rape her. He was sentenced to two penalties of reclusion perpetua and ordered to pay civil indemnity and moral damages for each count.