G.R. No. 176637 ; October 6, 2008
People of the Philippines, appellee, vs. Reynaldo Dela Torre, appellant

FACTS

On November 13, 1998, around 9:00 p.m., the 11-year-old victim AAA went out to buy barbecue. On her way back, appellant Reynaldo Dela Torre called her, pulled her towards a parked jeep where Richie Bisaya and Leo Amoroso were waiting, and brought her inside. Dela Torre kissed AAA on the cheeks and lips and touched her breast and vagina. He then passed AAA to Bisaya, who also kissed and touched her. Bisaya then passed AAA to Amoroso, who poked a knife at her neck, removed her clothes, and inserted his penis into her vagina, causing pain and bleeding. AAA’s uncle, while searching for her, urinated near the jeep, saw Dela Torre looking out and a man on top of AAA, and caused the men to flee. AAA was found crying inside the jeep. The barangay tanods later found and apprehended Dela Torre, whom AAA positively identified. A medical examination revealed lacerations compatible with recent loss of virginity. Two Informations were filed: one for rape and another for acts of lasciviousness against Dela Torre, Bisaya, and Amoroso. Trial proceeded only against Dela Torre as Bisaya was allegedly dead and Amoroso was at large. Dela Torre pleaded not guilty, claiming he was in a nearby hut at the time. The Regional Trial Court found him guilty beyond reasonable doubt of rape, imposing the death penalty, and dismissed the acts of lasciviousness charge. The Court of Appeals affirmed the conviction but reduced the penalty to reclusion perpetua pursuant to Republic Act No. 9346 .

ISSUE

Whether the Court of Appeals erred in affirming the conviction of appellant Reynaldo Dela Torre for the crime of rape.

RULING

The Supreme Court affirmed the conviction with modification to the civil liability. The Court held that Dela Torre is guilty of rape. The appeal in a criminal case opens the entire case for review, allowing the correction of unassigned errors. The Court found that conspiracy existed among Dela Torre, Bisaya, and Amoroso, as their acts demonstrated a common design to commit rape. Dela Torre initiated the abduction, and all three sequentially molested AAA, with Amoroso performing the sexual intercourse while the others watched. In conspiracy, the act of one is the act of all; thus, Dela Torre is equally liable for the rape committed by Amoroso. The Court upheld the credibility of AAA’s testimony, which was straightforward and consistent with medical findings. It rejected Dela Torre’s defenses of denial and alibi, noting his positive identification by AAA and the lack of ill motive on her part. The Court also found no inconsistency in the testimony of AAA’s uncle, as his sworn statement and court testimony, when read together, were not contradictory. Furthermore, Dela Torre himself admitted that visibility at the scene was possible. The civil liability was modified: Dela Torre is ordered to pay AAA P75,000 as civil indemnity, P75,000 as moral damages, and P25,000 as exemplary damages (reduced from the lower courts’ award of P75,000).