G.R. Nos. 140789-92; September 28, 2001
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALIPIO CARBONELL and DIONISIO CARBONELL, accused-appellants.

FACTS

Accused-appellants Alipio and Dionisio Carbonell, unmarried brothers and second cousins of the victim’s mother, were charged with four counts of rape committed against Rowena Tabunda, then 15 years old. The informations alleged that on or about November 15, 1995, and December 10, 1995, in Barangay San Blas, Villasis, Pangasinan, the accused, conspiring and mutually helping one another, by means of force, violence, and intimidation, had sexual intercourse with Rowena against her will. Upon arraignment, both pleaded not guilty.
The prosecution established that Rowena lived with her siblings; their mother worked abroad. On November 15, 1995, while Rowena was alone, Dionisio asked for rice and told her to deliver it to their house. When she did, Alipio held a scythe to her neck. Dionisio embraced her, laid her on a bed, undressed her, and forcibly had intercourse with her. Alipio then took his turn. Rowena was warned not to tell anyone. On December 10, 1995, Alipio came asking for rice, and when Rowena said they had none, he dragged her to their house where both brothers again raped her sequentially after she begged and cried. Rowena later experienced dizziness, stopped menstruating, and her stomach grew. In April 1996, her sister Angelyn noticed her condition, and Rowena disclosed the rapes. Their mother returned from abroad, and they reported the matter to the police. A medical examination on June 21, 1996, by Dr. Noel Obedoza revealed Rowena was about 7½ months pregnant, with old healed hymenal lacerations consistent with repeated sexual intercourse. She gave birth to a baby boy on August 26, 1996.
The defense denied the allegations, claiming they regarded Rowena as a daughter and that she often asked Dionisio for money. They alleged the charges were motivated by a quarrel Dionisio had with Rowena’s uncle (after the case was filed) and a disagreement Alipio had with a cousin (after the first rape incident but before filing). They also claimed Rowena was friendly to men and that a witness, Teresita Navalta, testified Rowena said she did not want to file the case but was afraid of her relatives who wanted to cover up her pregnancy.

ISSUE

Whether the Regional Trial Court correctly found accused-appellants Alipio and Dionisio Carbonell guilty beyond reasonable doubt of four counts of rape.

RULING

The Supreme Court affirmed the decision of the Regional Trial Court finding accused-appellants guilty of four counts of rape. The Court held that Rowena’s testimony was credible, straightforward, and consistent. The medical findings corroborated her account of repeated sexual intercourse. The defense of denial and imputation of ill motive were insufficient to overcome the positive identification and credible narrative of the victim. The Court found the elements of rape, committed by two or more persons through force and intimidation, were proven beyond reasonable doubt. The penalty of reclusion perpetua for each count and the award of civil indemnity were affirmed. The defense’s claims of Rowena’s alleged promiscuity and the family’s motive to cover up her pregnancy were rejected, as no evidence supported these allegations, and Rowena’s immediate disclosure to her sister and the subsequent medical and police action were consistent with the conduct of a rape victim.