G.R. No. 26170, December 6, 1926
PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. TEODORO LUCHICO, defendant-appellant.

Ponente: VILLA-REAL, J.

FACTS

Teodoro Luchico was convicted of rape by the Court of First Instance of Rizal and sentenced to *reclusion temporal*. The victim was Inocencia Salva, his 13-year-old housemaid. According to the prosecution, on the evening of March 3, 1923, Luchico made an indecent proposal to Salva, kissed her against her will, and later, while taking her back to his house against her protestations, threw her to the ground in a secluded area, covered her mouth, and had carnal knowledge of her. Salva immediately reported the incident, first to the municipal president (who dismissed her) and then to former officials and the Constabulary. Medical examination revealed physical injuries consistent with forcible intercourse, including vaginal traumatism and a torn hymen. The defense claimed Salva was hysterical and had prior gynecological issues from a catheterization, suggesting the injuries were self-inflicted or pre-existing.

ISSUE

1. Whether the trial court erred in giving more weight to the prosecution’s evidence.
2. Whether the accused was guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court AFFIRMED the conviction with modification.

1. On the Credibility of Evidence: The Court found no error in the trial court’s assessment. The testimony of the victim was clear, consistent, and corroborated by the medical findings. The defense’s theory of hysteria and self-inflicted injuries was rejected as improbable and unsupported by evidence. The Court noted that while hysterical individuals might falsely accuse, none would go to the extreme of causing themselves the specific traumatic injuries found in this case.

2. On the Aggravating Circumstances: The Court disagreed with the Solicitor-General’s proposal to consider nocturnity and abuse of confidence as aggravating.
* Nocturnity: Not appreciated. The crime occurred between 5:00 PM and 7:00 PM without proof that the accused deliberately sought the cover of nighttime to facilitate the crime.
* Abuse of Confidence: Not appreciated. The relationship of master-servant did not facilitate the rape, as the victim had already lost trust in the accused after his initial advances and was forcibly taken.

3. On Civil Liabilities: The Court modified the judgment to include civil indemnity. Applying Article 449 of the Old Penal Code, the accused was ordered to endow the offended party, being single, with P500. The obligations to acknowledge and support offspring were not imposed because no conception was proven, and even if it occurred, acknowledgment was legally prevented as the accused was married.

DISPOSITIVE PORTION:
The appealed judgment is AFFIRMED, with the modification that the accused is further sentenced to endow the offended party in the sum of P500. Costs against the appellant.