G.R. No. 141631 ; April 4, 2003
PEOPLE OF THE PHILIPPINES, appellee, vs. FERDINAND FRANCISCO, appellant.

FACTS

The appellant, Ferdinand Francisco, was charged with the rape of his cousin-in-law, Rose Ollero-Francisco, in May 1994 in Pugo, La Union. The prosecution’s evidence established that while Rose was gathering vegetables in her garden, appellant attacked her from behind, punched her abdomen rendering her unconscious, and then raped her. Upon regaining consciousness, she discovered her pants and panty removed, felt pain, and noticed a seminal fluid. Appellant threatened to kill her and her family if she reported the incident. Rose suffered a miscarriage shortly after. She delayed reporting the rape for six months due to these threats, only disclosing it to her husband after appellant attempted to intrude into their home in November 1994. She then reported the crime to the NBI and underwent a medical examination.
For his defense, appellant denied the rape and claimed he and Rose were secret lovers who had consensual sexual intercourse on two occasions in April 1994. He presented witnesses, including his wife and father, to attest to their normal relations with the complainant after the alleged rape, such as her visiting his father’s house and them sharing meals. He also presented election documents to show he acted as a poll watcher for Rose’s husband days after the alleged crime, arguing this was inconsistent with a rape victim’s behavior.

ISSUE

Whether the guilt of the appellant for the crime of rape was proven beyond reasonable doubt.

RULING

Yes. The Supreme Court affirmed the conviction. The Court found the testimony of the private complainant credible, convincing, and consistent. Delay in reporting a rape is not an indication of a fabricated charge, especially when explained by threats to the victim’s life, as in this case. The Court held that the alleged affair was a common and weak defense, unsupported by credible evidence and rendered implausible by the complainant’s immediate physical trauma and subsequent miscarriage. The testimony of a lone witness, if credible and positive, is sufficient to sustain a conviction for rape. The defense’s attempt to establish normal relations between the parties after the incident was insufficient to overthrow the clear and categorical testimony of the victim. The Court thus upheld the penalty of reclusion perpetua and, modifying the damages, awarded civil indemnity of P50,000, moral damages of P50,000, and attorney’s fees of P10,000.