GR 199264; (October, 2012) (Digest)
G.R. No. 199264 ; October 24, 2012
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NOEL T. LAURINO, Accused-Appellant.
FACTS
Accused-appellant Noel T. Laurino was charged with two counts of qualified rape against his 17-year-old niece, AAA. The incidents occurred on May 11, 2002, in Initao, Misamis Oriental. In the first incident, around 1:00 PM, Laurino directed AAA’s younger sister away, grabbed AAA, kissed her, and forced her to lie down. He placed a knife beside her, removed her clothing, and had carnal knowledge despite her pleas and resistance. He threatened her not to tell anyone. The second incident occurred around 10:00 PM while AAA was sleeping. Laurino entered the room, grabbed her, covered her mouth, poked a knife at her side, and again sexually assaulted her. AAA remained silent due to threats until her mother learned of the incidents months later. A medical examination revealed old hymenal lacerations. Laurino denied the accusations, interposing alibi and claiming he was falsely charged due to a land dispute with AAA’s mother.
ISSUE
Whether the Court of Appeals erred in affirming the trial court’s conviction of Noel T. Laurino for two counts of qualified rape.
RULING
The Supreme Court affirmed the conviction with modification. The Court upheld the credibility of AAA’s testimony, which was clear, detailed, and consistent in describing the use of force and intimidation, including the threat with a knife. The moral ascendancy of Laurino as an uncle heightened the intimidation. Minor inconsistencies regarding time were deemed inconsequential as time is not an element of rape and such variances even indicate an unrehearsed narration. The defenses of denial and alibi were rejected as inherently weak and unsubstantiated; Laurino failed to prove it was physically impossible for him to be at the crime scene. The qualifying circumstances of minority and relationship were duly proven. The penalty of reclusion perpetua without parole for each count was affirmed. The awards of civil indemnity and moral damages were sustained, but exemplary damages were increased to P30,000.00 per count, with legal interest on all damages from the finality of the decision.