G.R. No. 42652 ; February 25, 1935
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. FAUSTINO FRANCISCO, defendant-appellant.

FACTS

The defendant-appellant, Faustino Francisco, was convicted of rape by the Court of First Instance of Batangas and sentenced to an indeterminate penalty. The victim was Teodora de Llamas, a 13-year-old minor living with her father and stepmother (the accused’s sister). The prosecution evidence showed that on April 24, 1934, the accused entered the victim’s house while she was alone, used force and threats with a knife to have carnal intercourse with her, and then fled. The victim immediately reported the rape to her stepmother but was advised not to tell her father under threat from the accused. She only revealed the crime in July when her pregnancy became apparent. Her testimony was corroborated by an eyewitness who saw the struggle and the accused holding a knife. During arraignment, the accused initially pleaded guilty before the justice of the peace. The defense claimed the intercourse was consensual, but the court found this inherently improbable.

ISSUE

Whether the trial court erred in: (1) finding the accused guilty of rape committed by force and intimidation, and (2) imposing the corresponding penalty.

RULING

The Supreme Court affirmed the conviction with modification. It held that the complaint was validly filed by the victim’s father (despite a clerical error in the jurat), and the evidence—including the victim’s credible testimony, eyewitness account, and the accused’s initial guilty plea—sufficiently proved rape through force and intimidation. The defense of consent was rejected. The penalty imposed by the lower court was upheld as in accordance with law, but the Court added that the accused must also be sentenced to support any offspring. Costs were imposed on the appellant.

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