G.R. No. 229084 , October 02, 2019
PEOPLE OF THE PHILIPPINES, Appellee, vs. ROLLYBERT OROPESA Y DOE, Appellant.

FACTS

Appellant Rollybert Oropesa y Doe and co-accused Honeyval Latonero y Doe were charged with two counts of rape in separate Informations. The charges alleged that on or about February 12, 1998, in Camarines Sur, they conspired and, by means of force and intimidation, had carnal knowledge with AAA, then 17 years old and appellant’s sister-in-law, against her will. The cases were archived after warrants were unserved. Latonero was later arrested in 2002, but the cases against him were dismissed after AAA executed an Affidavit of Desistance, stating she was overwhelmed with emotions when she filed the case and wanted to live peacefully. Appellant was arrested in 2010, pleaded not guilty, and trial ensued.
The prosecution’s version, based on AAA’s testimony, stated that on February 12, 1998, AAA left her house to avoid appellant, who had previously taken sexual advantage of her. While on her way to a railroad track with friends, they met appellant and Latonero; her friends left. Appellant held her arm, brought her to an empty kubo, removed her clothing, laid her on the ground, and pressed her thigh. Appellant then had carnal knowledge with her while Latonero held her hands. Appellant told Latonero to take his turn. During the incident, appellant poked a pair of scissors at AAA’s side and threatened to kill her parents if she reported it. Afterwards, appellant brought AAA to his parents’ house until dawn. A medical examination on February 23, 1998, by Dr. Francia Aquino revealed a recently healed hymenal laceration consistent with sexual intercourse.
The defense denied the charges, claiming AAA’s mother used her to file the complaint because she disliked appellant and wanted him to separate from his wife (AAA’s sister). Appellant presented an alibi, stating he was at his parents’ house with family at the time. Latonero corroborated this, testifying he was not with them and that his parents gave money to AAA’s family to settle the case. Roger Oropesa, appellant’s father, testified that the charges arose because AAA’s mother was angry that appellant and his wife did not live where she wanted.
The Regional Trial Court convicted appellant for one count of rape (Criminal Case No. L-2058) and sentenced him to reclusion perpetua, with civil indemnity and moral damages of P50,000 each. The Court of Appeals affirmed the conviction but modified the awards, increasing civil indemnity and moral damages to P100,000 each and adding exemplary damages of P100,000.

ISSUE

Whether appellant is guilty beyond reasonable doubt of rape, as defined and penalized under Article 266-A of the Revised Penal Code, as amended.

RULING

The Supreme Court ACQUITTED appellant. The Court found that the prosecution failed to establish the element of force, threat, or intimidation beyond reasonable doubt. While AAA testified that appellant poked scissors at her side and threatened to kill her parents, the Court noted that her testimony lacked specific details on how the scissors were used to compel submission, and the threat was not shown to be of such gravity as to instill a genuine fear for her life or safety at the moment of the carnal act. The medical findings, indicating a recently healed laceration, were consistent with sexual intercourse but did not prove force or intimidation. Given the failure to prove this essential element, appellant’s guilt was not established beyond reasonable doubt. The Court reversed the Court of Appeals Decision and ordered appellant’s immediate release unless detained for another lawful cause.