PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. JERWIN QUINTAL y BEO, VICENTE BONGAT y TARIMAN, FELIPE QUINTAL y ABARQUEZ and LARRY PANTI y JIMENEZ, Accused. VICENTE BONGAT y TARIMAN, Appellant.
FACTS
On 2 May 2001, appellant Vicente Bongat y Tariman, together with Jerwin Quintal, Felipe Quintal, and Larry Panti, were charged with Rape in an Information. The Information alleged that on or about 29 August 2002, in Barangay XXX, Virac, Catanduanes, the accused, conspiring and mutually helping one another, with force and intimidation, willfully, unlawfully, and feloniously had carnal knowledge of AAA, a 16-year-old minor, against her will and without her consent. The crime was alleged to have been committed with the aggravating circumstance of minority. Appellant Vicente, Jerwin, and Felipe were arrested and pleaded not guilty; Larry remained at large.
The prosecution presented AAA (the victim), her mother BBB, medico-legal officer Dr. Elmer Tatad, Barangay Kagawad Fernando Tajan, and Barangay Tanod Eddie Tajan. AAA testified that on 29 August 2002, at around 9:45 p.m., after attending a wake, she was followed by Jerwin. As she was about to enter her grandmother’s house, Jerwin and Felipe, accompanied by a certain Maria, invited her to a birthday party. She agreed and went with them to a dark nipa hut near a rice field in Barangay ZZZ, where appellant Vicente and Larry were present. Inside the hut, Felipe made her sit on a bench. The four accused then conversed outside before returning, covering her mouth with a handkerchief, and tying her hands and feet to the posts with a nylon string. The accused then took turns raping her: Jerwin twice, and the rest once each. Afterward, Jerwin untied her, and he and Felipe accompanied her to her grandmother’s house. Two days later, AAA revealed the incident to her mother after BBB noticed she could not walk properly. They reported the incident to Barangay Kagawad Fernando Tajan and Barangay Tanod Eddie Tajan, who summoned the accused.
ISSUE
Whether the Court of Appeals erred in affirming the Regional Trial Court’s decision finding appellant Vicente Bongat y Tariman guilty beyond reasonable doubt of the crime of rape.
RULING
The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals dated 31 January 2008 in CA-G.R. CR-H.C. No. 02610, which affirmed the Decision of the Regional Trial Court, Branch 42, Virac, Catanduanes, finding appellant Vicente Bongat y Tariman guilty beyond reasonable doubt of the crime of rape. The Court held that the prosecution successfully established all the elements of rape through the credible and consistent testimony of AAA, which was corroborated by the medico-legal findings and the testimonies of other witnesses. The defense of denial and alibi interposed by the appellant was weak and could not prevail over the positive identification and categorical narration of the victim. The aggravating circumstance of minority was also properly appreciated.
