G.R. No. 140392, September 27, 2002
People of the Philippines, plaintiff-appellee, vs. Melchor Esteves y Pitel, accused-appellant.

FACTS

Accused-appellant Melchor Esteves was charged with the rape of Grace Torregosa, a 15-year-old, on April 25, 1998, in Maramag, Bukidnon. The information alleged he used threat and intimidation. On that afternoon, while Grace was walking home, the accused-appellant called her to his house. When she approached, he grabbed her, pointed a knife at her, and forced her inside a room. He choked her, removed her and his own clothing, kissed her, licked her nipples, and had sexual intercourse with her against her will. He threatened to kill her if she told anyone. Grace reported the incident to her grandparents two days later, and they, along with her parents, reported it to the police. A medical examination on April 28, 1998, by Dr. Clarita A. Paggao revealed “old healed perineal lacerations” and was negative for sperm cells. The doctor testified that a recent laceration could be estimated up to seven days after the incident. The defense presented an alibi, with accused-appellant claiming he was elsewhere drinking with his brother-in-law, Ricardo Bumutad, and later fetched his grandson. The trial court convicted accused-appellant of simple rape, sentencing him to reclusion perpetua and ordering him to pay P50,000 as civil indemnity and P25,000 as moral damages.

ISSUE

Whether the trial court erred in convicting accused-appellant Melchor Esteves, as his guilt was not proven beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction with a modification regarding moral damages. The Court held that the prosecution successfully proved the elements of rape through threat and intimidation. The victim’s credible and detailed testimony established that the accused-appellant used a knife and choked her, instilling fear sufficient to paralyze her will. The Court found no reason to disbelieve the testimony of a simple barrio girl who would not subject herself to public scandal without a genuine desire for justice. The medical finding of “old healed lacerations” did not negate the rape, as the absence of fresh injuries does not disprove sexual intercourse, and the doctor’s testimony allowed for the possibility of recent injury. The defense of alibi was weak and could not prevail over the positive identification by the victim. The penalty of reclusion perpetua was affirmed. The civil indemnity of P50,000 was upheld. Following prevailing jurisprudence, the moral damages were increased from P25,000 to P50,000, as such damages are automatically granted in rape cases without need of further proof.