GR 146276; (November, 2002) (Digest)
G.R. No. 146276 ; November 21, 2002
People of the Philippines, plaintiff-appellee, vs. Antonio C. Durohom, accused-appellant.
FACTS
On July 28, 1999, at about 6:30 PM, complainant Liezel Villaceran, then 19 years old, was sent by her aunt to buy bread at Ticos Bakery in Villanueva, Misamis Oriental. After buying bread, she hailed a trisikad. Accused-appellant Antonio Durohom, driving another trisikad, offered her a ride. Due to heavy rain, she accepted. She was the only passenger and asked to be taken to the MOBI building. Instead, accused-appellant drove to a downhill, dark, grassy vacant lot in Chavez Subdivision. He threatened her with a screwdriver, covered her mouth, dragged her to the grassy area, and raped her twice. She shouted for help but could not be heard due to the rain and distance from houses. Afterward, he gagged her mouth with a plastic bag, tied her hands and feet with her clothing, placed her shorts over her head, and left. She managed to free herself and ran home. She reported the incident, and a medical examination confirmed recent sexual intercourse and physical injuries. The Regional Trial Court found accused-appellant guilty of rape and sentenced him to reclusion perpetua, ordering him to pay indemnities. Accused-appellant appealed, claiming the charge was not proven beyond reasonable doubt and questioning the credibility of the complainant.
ISSUE
Whether the guilt of accused-appellant Antonio C. Durohom 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 complainant credible, natural, and consistent. Her detailed account of the rape, including the use of a screwdriver, the acts committed, and her subsequent binding, was corroborated by medical findings of recent sexual intercourse and physical injuries. The defense of alibi was weak and could not prevail over the positive identification by the complainant. The Court upheld the penalty of reclusion perpetua. The award of damages was modified: the award of P50,000.00 as civil indemnity and P50,000.00 as moral damages was affirmed, but the exemplary damages were reduced from P40,000.00 to P20,000.00.