G.R. No. 68520 ; January 22, 1990
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. VIRGILIO PASCO y SANTOS, ZOSIMO FLORESCA @ BONG ALCANTARA, GREGORIO CUANIO and REYNALDO AVENDAÑO, accused-appellants.

FACTS

On the evening of September 29, 1979, Regina Villanueva, then seventeen years old, was walking home in Malabon when a tricycle driven by accused Reynaldo Avendaño stopped before her. Inside were co-accused Zosimo Floresca and Virgilio Pasco. Avendaño told her someone wanted to talk at another location, but she refused. Floresca and Pasco then alighted, pulled her into the tricycle, and threatened her with a knife when she shouted for help. The tricycle proceeded to a secluded grassy area (“desyerto”) where they were joined by the fourth accused, Gregorio Cuanio.
At the location, all four men took turns in raping Regina against her will. After the assault, she returned home bleeding profusely and immediately reported the incident to her mother and the police. A subsequent medico-legal examination by the NBI confirmed recent sexual intercourse and physical injuries consistent with forcible penetration. All four accused were charged with rape. During trial, Cuanio disappeared and was tried in absentia. The trial court convicted all accused, sentencing each to reclusion perpetua. Pasco later withdrew his appeal, leaving Floresca and Avendaño as appellants.

ISSUE

Whether the guilt of appellants Zosimo Floresca and Reynaldo Avendaño for the crime of rape was proven beyond reasonable doubt.

RULING

Yes, the Supreme Court affirmed the conviction. The Court meticulously addressed the appellants’ challenges to the credibility of the complainant’s testimony. It emphasized the well-established doctrine that the testimony of a rape victim, if credible, is sufficient to sustain a conviction. The Court found no reason to disbelieve Regina Villanueva’s detailed and consistent account of her abduction at knifepoint and the sequential rape by all four accused. Her immediate report, distressed condition, and the corroborative medical findings fortified her credibility.
The defense of denial and alibi proffered by Floresca and Avendaño was deemed weak and unsubstantiated, especially against positive identification. Avendaño’s claim of a consensual sexual act was rejected as inherently improbable given the circumstances of forcible abduction and the involvement of multiple assailants. The Court held that the elements of rape—carnal knowledge through force and intimidation—were conclusively established.
Furthermore, the Court ruled that conspiracy among all accused was evident from their collective actions in abducting the victim and successively raping her. Consequently, pursuant to the doctrine of conspiracy, each conspirator is liable for the acts of all. Thus, each appellant was found guilty not only of the rape he personally committed but also of the rapes perpetrated by his co-conspirators. Applying Article 335 of the Revised Penal Code for rape committed by two or more persons, and considering the abolition of the death penalty, the Court sentenced each appellant to four penalties of reclusion perpetua for the four counts of rape and ordered them to pay corresponding indemnities to the victim. The conviction was affirmed.