GR 139410; (September, 2001) (Digest)
G.R. No. 139410; September 20, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SILVERIO AGUERO, JR. y BUENA, accused-appellant.
FACTS
Based on a complaint filed by Almira Ava Aguinillo, an Information was filed charging Silverio Aguero, Jr. with rape committed on or about September 5, 1996, in Milaor, Camarines Sur. The accused, armed with a knife, allegedly had carnal knowledge of the 15-year-old complainant against her will through force and intimidation. The accused pleaded not guilty.
The prosecution presented the complainant, Almira Ava Aguinillo, who testified that she resided in her grandmother’s house where the accused also lived as a farm helper. On the night of September 4, 1996, she was awakened around 2:00 a.m. to find the accused on top of her inside her mosquito net. He poked a knife at her neck with his left hand, covered her mouth with his right, threatened to kill her if she made noise, and then proceeded to rape her. She did not immediately report the incident due to threats against her and her grandparents. She finally confided in her best friend, Mercedes Cano, in September 1998, who then informed the complainant’s grandmother, Carmen Apongol. The matter was reported to the police, and a medical examination was conducted by Dr. Linda Llaguno.
The testimonies of the complainant were corroborated by her grandmother, Carmen Apongol, and her best friend, Mercedes Cano. Dr. Llaguno testified that her physical examination of the complainant revealed deep, healed lacerations on the hymen, consistent with sexual intercourse that could have occurred about two years prior.
The defense consisted solely of the testimony of the accused-appellant, Silverio Aguero, Jr., who denied the charge. He claimed he could not have held a knife with his left hand for an extended period as it was afflicted with polio and would shake and go numb. He also presented an alibi, stating that on the night in question, he was attending to irrigation on a farm two kilometers away and could not leave.
The Regional Trial Court of Naga City, Branch 25, found the accused guilty beyond reasonable doubt of rape and sentenced him to reclusion perpetua and to indemnify the complainant P50,000.00. The accused appealed the decision.
ISSUE
Whether the trial court erred in convicting the accused-appellant of the crime of rape despite the alleged failure of the prosecution to prove his guilt beyond reasonable doubt and despite giving weight to the complainant’s testimony which the defense claims was conflicting and incredible.
RULING
The Supreme Court AFFIRMED the trial court’s decision with MODIFICATION. The Court found no merit in the appeal and upheld the conviction.
The Court held that the complainant’s testimony was credible, straightforward, and consistent. Delay in reporting the rape was sufficiently explained by the accused’s threats against her and her grandparents, which instilled fear. The Court found the defense of alibi weak and unsubstantiated, as it was not physically impossible for the accused to be at the crime scene. The claim of a physically impaired left hand was not adequately proven to preclude him from committing the act as described.
The medical findings of healed hymenal lacerations, while not conclusive by themselves, corroborated the complainant’s account of sexual intercourse. The Court reiterated that the testimony of a rape victim, if credible, is sufficient to sustain a conviction.
The penalty of reclusion perpetua was affirmed as the proper penalty for rape committed with a deadly weapon under the relevant law. The award of civil indemnity in the amount of P50,000.00 was sustained. The Court MODIFIED the damages by ordering the accused-appellant to pay an additional P50,000.00 as moral damages and P25,000.00 as exemplary damages, recognizing the inherent trauma from the crime and the need for deterrence.
