G.R. No. 138983 . May 23, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GENER B. AGONCILLO, accused-appellant.

FACTS

The prosecution established that on the evening of July 2, 1997, in Barangay Napti, Batan, Aklan, 14-year-old Rosalyn Salvador was asleep in her home with her younger brothers when accused-appellant Gener Agoncillo entered. He covered her mouth, threatened to cut off her head with a scythe, and dragged her to a nearby banana plantation. Under threat of the deadly weapon, he forced her to lie down, kissed her, and succeeded in having carnal knowledge with her. Rosalyn positively identified Agoncillo, whom she knew, by the flashes of lightning. She immediately reported the rape to her parents upon their return the next morning, leading to a medico-legal examination which confirmed a slight hymenal laceration and reddening around the vagina.
The defense presented alibi, claiming Agoncillo was watching television at a neighbor’s house until 10:30 PM on the night in question. He denied the accusations, suggesting the complaint was fabricated due to a land dispute between their families. The trial court rejected the defense, finding Rosalyn’s testimony credible, straightforward, and consistent. The Regional Trial Court of Kalibo, Aklan, found Agoncillo guilty of rape committed with the use of a deadly weapon and sentenced him to death, prompting an automatic review by the Supreme Court.

ISSUE

Whether the guilt of accused-appellant Gener Agoncillo for the crime of rape qualified by the use of a deadly weapon was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of Rosalyn Salvador’s credibility, noting that her testimony was delivered in a candid, spontaneous, and unwavering manner, which is characteristic of a truthful account of a traumatic experience. The defense of alibi was correctly dismissed as weak and inconclusive, especially in light of the positive and categorical identification by the victim. The Court emphasized that no young Filipina would willingly undergo the ordeal of a public trial and subject herself and her family to shame and scandal unless motivated by a genuine desire to obtain justice.
The medico-legal findings, while not conclusive of rape, corroborated the victim’s account of a recent sexual encounter. The Court also found the use of a scythe, a deadly weapon, to be sufficiently proven, which qualified the crime under Article 335 of the Revised Penal Code. However, in the absence of any aggravating or mitigating circumstances, the proper penalty is reclusion perpetua, not death. The Supreme Court thus affirmed the conviction but modified the penalty to reclusion perpetua and ordered Agoncillo to pay the victim P50,000.00 as civil indemnity and P50,000.00 as moral damages.