GR 142511; (February, 2004) (Digest)
G.R. No. 142511 ; February 16, 2004
PEOPLE OF THE PHILIPPINES, appellee, vs. JEANBO “Jeanbo” MUROS, EDGAR MAZO @ “Egay” (At Large), PETER DOE and RICHARD DOE, accused. JEANBO “Jeanbo” MUROS, appellant.
FACTS
On the evening of January 21, 1990, Regina Rocha, a 19-year-old laundrywoman, was watching a singing contest in Romblon. While walking home alone, she was waylaid by appellant Jeanbo Muros, who forcibly dragged her to a dilapidated house. There, Muros raped her. Subsequently, two other men, Edgar Mazo and one “Lawo,” also took turns raping her while the others restrained her. The abuse continued until around 5 a.m. the next day. At dawn, with sufficient light, Regina was able to clearly see the faces of her assailants. She reported the incident to her employer, Julieta Mingoa, and was medically examined, with findings consistent with recent sexual intercourse and hymenal lacerations.
Appellant Muros was charged with forcible abduction with rape. He interposed the defense of alibi, claiming he was working in Manila at the time of the incident and that the charge was fabricated due to a feud with Mingoa’s husband. The Regional Trial Court found him guilty beyond reasonable doubt of the complex crime and sentenced him to reclusion perpetua, ordering him to pay civil indemnity.
ISSUE
Whether the trial court erred in finding appellant Jeanbo Muros guilty beyond reasonable doubt of forcible abduction with rape.
RULING
The Supreme Court modified the trial court’s decision, finding appellant guilty of simple rape, not the complex crime of forcible abduction with rape. The Court affirmed the conviction based on Regina Rocha’s positive and categorical identification of Muros as one of her assailants. Her testimony was clear, consistent, and credible, detailing the abduction and rape. The Court found her identification reliable, as she had the opportunity to see Muros clearly during the assault, especially at dawn when there was sufficient light. Her immediate report to her employer and the corroborative medical findings bolstered her credibility.
The Court rejected Muros’s alibi, which was inherently weak and uncorroborated by clear and convincing evidence. It held that positive identification prevails over alibi. However, the Court ruled that the prosecution failed to prove the element of lewd design prior to the abduction, which is necessary for the complex crime. The evidence established that the forcible taking was solely for the purpose of rape, not a separate crime of abduction with a distinct lewd intent. Therefore, the acts constituted the single crime of rape committed with the use of force and intimidation. The penalty of reclusion perpetua was affirmed. The civil award was modified, ordering appellant to pay an additional P50,000.00 as moral damages.