G.R. No. 219850 . July 14, 2021.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. RON RON SAN PEDRO Y SERVANO, ACCUSED-APPELLANT.

FACTS

Accused-appellant Ron Ron San Pedro y Servano was charged with the rape of AAA, a deaf and mute 19-year-old woman, on or about July 7, 2010, in Makati City, by means of force and intimidation, against her will and consent. During trial, AAA testified through writing and a sign language interpreter that after a drinking session at her best friend Matet’s house, Ron Ron accompanied her to her house to eat. She fell asleep on her bed beside Ron Ron and woke up to find her denim shorts removed and Ron Ron on top of her. She resisted by punching him but was overpowered. She reported the incident to the police. AAA’s mother, BBB, testified that she intervened at the police station, asserting that her daughter, due to her condition, could not validly withdraw the complaint without her consent. The medico-legal officer, Dr. Jericho AQ Cordero, testified that AAA had a fresh laceration on her hymen and other injuries consistent with recent sexual intercourse and physical struggle. The defense, admitting sexual intercourse, claimed it was consensual. Ron Ron testified that AAA initiated the sexual act while he was intoxicated and asleep. Matet, Ron Ron’s live-in partner, testified that AAA later admitted to consensual sex and apologized. The defense presented a police blotter entry indicating an initial withdrawal of the complaint by AAA.

ISSUE

The core issue is whether the sexual intercourse between accused-appellant Ron Ron San Pedro and AAA was consensual or constituted rape through force and intimidation.

RULING

The Supreme Court affirmed the conviction. It ruled that the prosecution successfully proved the crime of rape through force and intimidation under Article 266-A of the Revised Penal Code. The Court found AAA’s testimony credible, straightforward, and consistent. Her physical resistance (punching Ron Ron) and the fresh hymenal laceration and other injuries documented in the medico-legal report corroborated her lack of consent and the use of force. The Court rejected the defense of consensuality, noting inherent improbabilities in Ron Ron’s version (e.g., initiating sex while asleep) and the dubious nature of the police blotter withdrawal, given AAA’s disability and her mother’s immediate intervention. The testimony of Matet, as Ron Ron’s partner, was deemed biased and insufficient to overcome the positive and credible testimony of the victim. The Court emphasized that in rape cases, the accused’s conviction or acquittal hinges on the credibility of the complainant’s testimony, which in this case was found to be credible and supported by medical evidence.