G.R. No. 87781 December 11, 1992
The People of the Philippines, plaintiff-appellee, vs. Boyet Pomentel y Lesniana, accused-appellant.

FACTS

In the early morning of February 20, 1986, in Banca-Banca, Nagcarlan, Laguna, two young missionaries, Erlinda Dionisio (22) and Belinda Diaz (19), were staying in a house in the adjoining barangay of Dagat-Dagatan, Liliw, Laguna. At around 1 a.m., a man intruded, ordered the light off, and threatened to kill them. He asked them to choose between their honor or life. Erlinda offered herself first to spare Belinda. The intruder overpowered and raped Erlinda. Afterwards, he placed himself between the two women. After a brief respite, he dragged Belinda to an adjoining room, threatened her, and raped her. Believing he had left, the victims planned to seek help, but the rapist returned after about fifteen minutes. He turned on the light, enabling the victims to see him clearly, noting he was bare-chested with a distinctive “white scar” and wearing red shorts. He then turned off the light and raped each of them again before finally leaving. The victims reported the incident to a neighbor and later to their religious leader. They identified the accused, Boyet Pomentel y Lesniana, at a police station. Medico-legal examination revealed recently healed lacerations compatible with sexual intercourse around the date of the incident. The accused was charged with rape on two counts. He was acquitted in the case involving Erlinda Dionisio due to her non-appearance in court but was convicted for the rape of Belinda Diaz.

ISSUE

Whether the trial court erred in convicting the accused-appellant of rape based on the uncorroborated testimony of the complaining witness, Belinda Diaz, and in rejecting his defense of alibi.

RULING

The Supreme Court affirmed the conviction. The Court held that the testimony of Belinda Diaz was credible and sufficient to establish the crime of rape. The element of force or intimidation was present, as the victims were threatened with death and were terrified, being young missionaries in an unfamiliar place. Their failure to immediately escape or shout for help was understandable given their emotional state and the constant threat from the knife-wielding attacker. The Court emphasized that consent obtained through fear is not valid consent. The accused’s alibi was rejected as it was not physically impossible for him to be at the crime scene, given the proximity (30 minutes on foot) between his alleged location (Dagatan, Nagcarlan) and the crime scene (Dagat-dagatan, Liliw). His identity was conclusively established by Belinda, who saw his distinctive white chest scar when he turned on the light. The Court found no ill motive for the victims to falsely accuse him. Regarding the physiological possibility of multiple acts of rape within a short period, the Court cited precedent stating that such a feat is possible, noting the accused was a 25-year-old in his prime. The penalty of reclusion perpetua and an indemnity of P20,000 were upheld.