G.R. No. 187495 April 21, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. EDGAR JUMAWAN, Accused-Appellant.

FACTS

Accused-appellant Edgar Jumawan and private complainant KKK were married on October 18, 1975, and had four children. On July 16, 1999, two Informations for rape were filed against Jumawan, alleging he had carnal knowledge with his wife, KKK, against her will on October 9 and 10, 1998. The Informations were later amended to change the dates to October 16 and 17, 1998, based on KKK’s Supplemental Affidavit. Jumawan pleaded not guilty.
The prosecution’s version, based on the testimonies of KKK and her daughters, established that on October 16, 1998, after the family routine, Jumawan ordered KKK to their conjugal bedroom. When KKK lay on a cot instead of their bed, citing headache and abdominal pain, Jumawan angrily threw the cot against the wall. He then forced himself on her despite her protests and physical resistance, tearing her underwear. Their daughter MMM heard KKK’s cries and hysterical shouts, intervened by knocking on the door, and later saw KKK crouching and crying with torn underwear. A similar incident occurred the following night, October 17, 1998, where Jumawan again forced intercourse despite KKK’s refusal and physical condition, threatening her with a knife when she resisted.
The defense claimed the sexual encounters were consensual and that the charges were fabricated due to marital discord and KKK’s alleged extramarital affair.
The Regional Trial Court convicted Jumawan of two counts of rape and sentenced him to reclusion perpetua for each count. The Court of Appeals affirmed the decision.

ISSUE

Whether the accused-appellant is guilty beyond reasonable doubt of the crime of rape against his wife.

RULING

Yes, the accused-appellant is guilty beyond reasonable doubt of two counts of rape. The Supreme Court affirmed the decisions of the lower courts. The Court held that sexual intercourse within marriage, if not consensual, constitutes rape under Section 266-A of the Revised Penal Code, as amended by Republic Act No. 8353 (The Anti-Rape Law of 1997). The prosecution successfully proved all the elements of rape through force or intimidation: (1) the accused had carnal knowledge of the victim; and (2) such act was accomplished through force or intimidation. KKK’s credible and consistent testimony, corroborated by her daughter MMM’s eyewitness account for the October 16 incident and the detailed narration of the October 17 incident, established the lack of consent and the use of force and intimidation. The defense of denial and claim of consensual sex could not prevail over the positive identification and credible testimony of the victim. The penalty of reclusion perpetua for each count was affirmed, with the modification that the awards of civil indemnity, moral damages, and exemplary damages be increased to P100,000.00 each for every count of rape.