G.R. No. 202868; October 2, 2013
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. MICHAEL ESPERA y CUYACOT, Accused-Appellant.

FACTS

Two Informations were filed against accused-appellant Michael Espera for acts committed on January 26, 1999, in Ubay, Bohol. In Criminal Case No. 99-511, he was charged with rape by sexual assault for inserting his penis into the mouth of the victim, Ana, against her will. In Criminal Case No. 99-512, he was charged with rape by sexual intercourse for having carnal knowledge of Ana against her will. Both acts were allegedly committed with the use of force, threat, intimidation, and a deadly weapon (a short firearm). The appellant pleaded not guilty.
The prosecution established that on the night of January 26, 1999, Ana and her co-worker, Susie, hired the appellant’s tricycle. Susie disembarked first. When Ana asked to stop near her house, the appellant drove further, claiming brake failure, and stopped at a quarry site. As Ana walked home, the appellant, now with his shirt covering his face and holding a gun, followed her. He caught her, covered her mouth, pointed the gun at her head, and threatened to kill her. He punched her, dragged her to a secluded area, forcibly undressed her, and pinned her down. He then forced her to perform oral sex by inserting his penis into her mouth. Subsequently, he forcibly opened her legs, inserted his fingers into her vagina, and then, while pointing the gun at her head, forced her to guide his penis for vaginal penetration, causing her pain. After the act, he ordered her to blindfold herself with her shirt and remain seated. The next day, Ana reported the incident to her mother and later to Susie. A medical examination revealed multiple injuries (contusions, lacerations, abrasions, bite mark, ruptured hymen, and dead spermatozoa in her vagina). Ana identified the appellant at the police station. The appellant subsequently left Ubay and was apprehended in Pampanga in August 2003.
The appellant denied the charges, claiming he was at home sleeping at the time of the incident. He stated he was invited to the police station after the incident, where Ana cried upon seeing him but did not identify him. He left for Manila after the town fiesta to find work and was later arrested while working as a security guard.
The Regional Trial Court found the appellant guilty beyond reasonable doubt of both crimes, noting Ana’s credible, detailed testimony corroborated by medical findings, her positive identification, and the appellant’s flight. The Court of Appeals affirmed the conviction but modified the damages awarded.

ISSUE

Whether the Court of Appeals correctly affirmed the trial court’s decision finding the appellant guilty beyond reasonable doubt of the crimes of rape by sexual assault and rape by sexual intercourse.

RULING

The Supreme Court DENIED the appeal and AFFIRMED the Decision of the Court of Appeals with MODIFICATION. The Court held that all elements of both crimes of rape were proven beyond reasonable doubt. The appellant committed rape by sexual assault under Article 266-A(2) of the Revised Penal Code, as amended by R.A. No. 8353 (the Anti-Rape Law of 1997), by inserting his penis into Ana’s mouth through force and intimidation with the use of a deadly weapon. He also committed rape by sexual intercourse under Article 266-A(1) by having carnal knowledge of Ana through force and intimidation with the use of a deadly weapon. The Court found Ana’s testimony clear, convincing, and consistent, and it was corroborated by the medical certificate detailing her physical injuries. Her positive identification of the appellant, whom she recognized by face, voice, and clothing, was credible. The appellant’s defenses of denial and alibi were weak and could not prevail over the positive identification. His sudden flight from Bohol was also indicative of guilt. The penalties and damages were imposed in accordance with law, with the modification that an interest rate of 6% per annum on all damages awarded would be imposed from the date of finality of the judgment until fully paid.