GR 201728; (July, 2013) (Digest)
G.R. No. 201728 ; July 17, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MARVIN CRUZ, Accused-Appellant.
FACTS
Accused-appellant Marvin Cruz was charged with one count of violating Section 5(b) of R.A. No. 7610 and two counts of Rape against AAA, a 17-year-old. The parties met through text messaging and became sweethearts without having met in person until October 22, 2007. The prosecution alleged that on October 23, 2007, Cruz forced AAA to have sex after she felt dizzy from snacks he provided. After AAA broke up with him via text, two rape incidents occurred on November 6, 2007. Cruz lured AAA to his house by claiming illness and threatening to release a video of their prior encounter. There, through force, intimidation, and death threats, he raped her multiple times, preventing her from leaving until the next day.
The defense interposed the “sweetheart defense,” claiming the sexual acts were consensual expressions of their romantic relationship. The Regional Trial Court acquitted Cruz of the R.A. 7610 charge but convicted him of two counts of Rape, a decision affirmed by the Court of Appeals. Cruz appealed to the Supreme Court, arguing the CA erred in affirming his conviction.
ISSUE
Whether the Court of Appeals erred in affirming accused-appellant’s conviction for two counts of Rape.
RULING
The Supreme Court denied the appeal and affirmed the conviction. The Court meticulously examined the credibility of AAA’s testimony, finding it candid, consistent, and worthy of belief. It detailed the specific acts of force and intimidation employed on November 6, 2007, including threats to kill AAA and to have his friends rape her, which effectively subdued her will. The Court rejected the “sweetheart defense,” ruling that a prior romantic relationship does not negate rape when carnal knowledge is accomplished through force or intimidation. The defense of consensual sex was deemed inherently weak and uncorroborated, failing to overcome the positive and credible testimony of the victim.
The Court modified the damages awarded. In addition to the affirmed awards of ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages for each count of rape, the Court awarded ₱30,000.00 as exemplary damages for each count, citing the aggravating circumstance of AAA’s minority. All monetary awards were ordered to earn legal interest at six percent per annum from the finality of judgment until fully paid. The penalties imposed by the lower courts were sustained.