G.R. No. 218572, June 19, 2017
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee vs. BILLIE GHER TUBALLAS y FAUSTINO, Accused-Appellant

FACTS

Accused-appellant Billie Gher Tuballas y Faustino was charged with two counts of rape under separate Informations, both dated November 12, 2009, for the rape of AAA, a 15-year-old minor, through force and intimidation and while she was deprived of reason, in conspiracy with Bryan T. Florencio and ZZZ (a 17-year-old acting with discernment). The case against Florencio was dismissed due to his death, and ZZZ remained at large. Upon arraignment, accused-appellant pleaded not guilty. The prosecution’s evidence, as summarized by the Court of Appeals, established that on November 12, 2009, AAA, after being invited to a drinking session at accused-appellant’s house, became drunk and was taken to a room to sleep. She awoke to find ZZZ on top of her, performing a pumping movement, with someone pinning her hand down. She saw Bryan Florencio standing beside the bed and accused-appellant taking a video of the act with his mobile phone. When they noticed she was awake, ZZZ stopped and was replaced by another unknown man who also had carnal knowledge of her. Her testimony was corroborated by her friends Mary and Arjay. A medical examination revealed lacerations in her genitalia consistent with the insertion of an erect penis. The defense presented accused-appellant, who denied the rape and the video-taking, admitting only to the drinking session and claiming AAA was drunk and flirtatious. The Regional Trial Court found accused-appellant guilty beyond reasonable doubt as a principal for two counts of rape and sentenced him to reclusion perpetua for each count, with corresponding damages. The Court of Appeals affirmed the conviction with modification. Accused-appellant appealed, arguing his guilt was not proven beyond reasonable doubt, questioning the credibility of the intoxicated witnesses and the finding of conspiracy.

ISSUE

Whether the trial court gravely erred in convicting accused-appellant despite the fact that his guilt has not been proven beyond reasonable doubt.

RULING

The Supreme Court denied the appeal and affirmed the conviction. The Court held that all elements of rape under Article 266-A of the Revised Penal Code were proven: (1) ZZZ and another man had carnal knowledge of AAA, and (2) this was accomplished while AAA was deprived of reason due to intoxication. The Court found AAA’s testimony credible, consistent, and corroborated by other witnesses and medical evidence. The defense of denial could not prevail over the positive identification and credible testimony of the victim. The Court also upheld the finding of conspiracy, as accused-appellant’s act of videotaping the sexual assault demonstrated a community of criminal purpose with the actual perpetrators. He was thus liable as a co-principal. The penalties of reclusion perpetua for each count were affirmed. The Court modified the awarded damages, increasing civil indemnity and moral damages to P100,000.00 each and exemplary damages to P100,000.00 for each count, pursuant to prevailing jurisprudence.