G.R. No. 261768 . October 23, 2024.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ANDRE GAYANILO Y ELEVERAN, STEPHEN LUMANOG Y ELEVERAN, AND ALDRIN GAYANILO Y ELEVERAN, ACCUSED-APPELLANTS.

FACTS

The accused-appellants, Andre Gayanilo (Andre), Stephen Lumanog (Stephen), and Aldrin Gayanilo (Aldrin), were charged with Rape under Article 266-A, in relation to Article 266-B of the Revised Penal Code. The Information alleged that on or about October 28, 2018, in &9608; City, the accused-appellants, mutually helping each other, had carnal knowledge of AAA against her will and without her consent. The prosecution’s evidence established that AAA, Andre’s girlfriend, agreed to meet him for a drinking session at his place. After drinking, she felt drunk and laid down on his bed. She fell asleep and was later awakened to find herself naked, with Andre on top of her with his penis inside her vagina. Andre then told Aldrin, “Your turn bro.” AAA resisted, but Andre sat on her stomach and held her hands while Stephen licked her vagina. Aldrin then went on top, inserted his penis, and made push-pull movements while Andre and Stephen held her hands and laughed. Subsequently, Stephen also went on top, inserted his penis, and made push-pull movements until AAA begged him to stop. The next day, AAA and her mother filed a complaint. The defense interposed denial and alibi, claiming AAA fabricated the charge due to jealousy after discovering Andre had another girlfriend, and presented an alibi for Aldrin via his live-in partner’s testimony about an online chat.

ISSUE

Whether the accused-appellants are guilty beyond reasonable doubt of the crime of rape.

RULING

Yes, the accused-appellants are guilty beyond reasonable doubt of rape. The Supreme Court affirmed the findings of the Regional Trial Court (RTC) and the Court of Appeals (CA) with modifications to the penalties and awards. The Court found AAA’s testimony credible, consistent, and sufficient to establish all elements of rape: (1) the offenders had carnal knowledge of the victim, and (2) it was accomplished when the victim was deprived of reason or otherwise unconscious (as she was initially asleep) and through force/intimidation (as they held her down). The defense of denial and alibi cannot prevail over AAA’s positive identification. The alleged inconsistencies in AAA’s testimony were on trivial matters and even bolstered her credibility as unrehearsed. The absence of hymenal laceration is not indispensable for a rape conviction. The acts of the accused-appellants demonstrated conspiracy. However, as only one Information was filed, they were properly convicted of only one count of rape despite the successive acts. The penalty is reclusion perpetua without eligibility for parole, pursuant to Article 266-B, as the rape was committed by two or more persons. The awards for damages were modified in line with prevailing jurisprudence: Civil Indemnity – PHP 100,000.00; Moral Damages – PHP 100,000.00; Exemplary Damages – PHP 100,000.00; and interest at 6% per annum on all damages from finality until fully paid.