G.R. No. 256301. March 01, 2023.
People of the Philippines, Plaintiff-Appellee, vs. Joel Gabisay, Jr. y Elpa and Ronnie Doninia, Accused-Appellants.

FACTS

On May 3, 2007, at around 9:30 p.m., the victim AAA256301 (a 17-year-old minor) was at a waiting shed with her boyfriend when accused-appellants Joel Gabisay, Jr. and Ronnie Doninia, on board a motorcycle, stopped in front of them. Doninia alighted, poked a gun at them, and Gabisay declared a hold-up. After AAA256301 refused to give her bag and money, Doninia forced her to board the motorcycle, leaving her boyfriend behind. They brought her to a secluded vacant lot in an undeveloped subdivision. There, Doninia blindfolded her, led her away from the motorcycle, and, after warning her not to shout and claiming they were police officers, forcibly raped her. After Doninia finished, he called Gabisay, who then also forcibly raped AAA256301. Afterwards, they dropped her off at a street corner with threats to kill her and her family if she reported the incident. She reported the incident to her parents that night. On June 1, 2007, AAA256301 positively identified Gabisay at a barangay hall where he was detained for an unrelated case. Gabisay later implicated Doninia, whom AAA256301 also identified via a COMELEC photograph. A medico-legal examination revealed healed hymenal lacerations consistent with previous penetrating trauma. The accused-appellants denied the charges, raising alibi and claiming they were framed. The Regional Trial Court convicted them of forcible abduction with rape and sentenced them to reclusion perpetua without eligibility for parole, plus damages. The Court of Appeals affirmed the conviction but modified the damages awarded.

ISSUE

Whether accused-appellants Joel Gabisay, Jr. and Ronnie Doninia were proven guilty beyond reasonable doubt of the special complex crime of forcible abduction with rape.

RULING

Yes. The Supreme Court denied the appeal and affirmed the conviction. All elements of forcible abduction with rape were proven beyond reasonable doubt: (1) the taking of AAA256301 against her will, and (2) with lewd designs, which culminated in the rape committed by both accused through force and intimidation. The Court found AAA256301’s testimony to be straightforward, consistent, and reliable, providing a detailed account of her ordeal. Her positive identification of the accused-appellants was deemed credible and admissible, satisfying the “totality of circumstances” test for out-of-court identification. The medico-legal findings corroborated her claim of sexual intercourse. The defenses of alibi and frame-up were rejected, as the accused failed to prove it was physically impossible for them to be at the crime scene. The crime committed is the special complex crime of forcible abduction with rape under Article 48 of the Revised Penal Code. Applying the Indeterminate Sentence Law is not permissible for this complex crime punishable by a single indivisible penalty. Since the penalty for rape (the more serious crime) is reclusion perpetua to death, and the death penalty is prohibited, the proper penalty is reclusion perpetua without eligibility for parole. The Court affirmed the modified damages awarded by the CA: PHP 100,000.00 each as civil indemnity, moral damages, and exemplary damages, with 6% per annum interest from finality until fully paid.