G.R. No. 180451 October 17, 2008
People of the Philippines, plaintiff-appellee, vs. SPO1 Arnulfo A. Aure and SPO1 Marlon H. Ferol, accused-appellant.

FACTS

On November 7, 1999, accused-appellants SPO1 Arnulfo A. Aure and SPO1 Marlon H. Ferol, along with other police officers, entered the house of AAA without a warrant and took her and three young girls to the barangay hall and then to the Central Intelligence Division Group (CIDG) office for interrogation regarding alleged violations of the Anti-Child Abuse Law. While at the CIDG office, AAA was raped by appellant Aure inside a computer room at around 7:00 p.m. Appellant Aure used force, intimidation, and a gun threat to subdue her. Later, at around 2:00 a.m. on November 8, 1999, appellant Ferol also raped AAA inside the same computer room, similarly using a gun threat and force. AAA was medically examined, and findings included linear abrasions and old contusions. She reported the rapes to the NBI. Two separate Informations for rape were filed against the appellants. The Regional Trial Court found them guilty of rape and imposed the penalty of reclusion perpetua, which the Court of Appeals affirmed in toto.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of accused-appellants for the crime of rape.

RULING

The Supreme Court denied the appeal and affirmed the decision of the Court of Appeals. The Court found the testimony of AAA to be credible, consistent, and corroborated by medical findings. The defense of denial and alibi by the appellants was weak and could not prevail over the positive identification by the victim. The elements of rape through force and intimidation were proven beyond reasonable doubt. The Court upheld the penalty of reclusion perpetua for each count of rape and awarded civil indemnity, moral damages, and exemplary damages to the victim.