G.R. No. 90643 and G.R. No. 91155, June 25, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. AGUSTIN FORTES Y GARRA, accused-appellant.

AGUSTIN G. FORTES, petitioner, vs. THE HONORABLE PRESIDING JUDGE EUGENIO C. GUAN, JR. of the Regional Trial Court, Branch 55, Irosin, Sorsogon, and PEOPLE OF THE PHILIPPINES, respondents.

FACTS

On November 26, 1983, Agripino Gine reported to the police that his 13-year-old daughter, Merelyn Gine, was raped by Agustin Fortes y Garra at around 11:00 a.m. in Barangay Naburacan, Matnog, Sorsogon. A complaint for rape was filed on December 5, 1983, alleging that the accused, armed with a bolo, used force and intimidation to drag Merelyn into a nipa hut and rape her. After a preliminary examination, the Municipal Circuit Trial Court (MCTC) issued a warrant for the accused’s arrest. He posted bail and was released on December 15, 1983. The case was forwarded to the Provincial Fiscal, who filed a complaint with the Regional Trial Court (RTC) of Irosin, Sorsogon, docketed as Criminal Case No. 219. The accused pleaded not guilty at his arraignment on February 28, 1985. After a protracted trial, the RTC convicted him of rape on November 18, 1988 (promulgated on January 25, 1989), sentencing him to reclusion perpetua and ordering him to pay P20,000.00 in damages. The accused filed a notice of appeal and applied for bail pending appeal, but the trial court denied his application on June 19, 1989, and later denied his motion for reconsideration on September 6, 1989. The accused appealed his conviction (G.R. No. 90643) and separately challenged the denial of bail via a certiorari petition (G.R. No. 91155), which were consolidated by the Supreme Court.

ISSUE

1. In G.R. No. 91155: Whether the trial court erred in denying the accused’s application for bail pending appeal.
2. In G.R. No. 90643: Whether the trial court erred in convicting the accused of rape based on the evidence presented.

RULING

1. On the denial of bail (G.R. No. 91155): The Supreme Court upheld the trial court’s denial. Under Section 13, Article III of the 1987 Constitution and Section 3, Rule 114 of the Revised Rules of Court, bail is a matter of right before conviction for offenses punishable by penalties lower than reclusion perpetua. For offenses punishable by reclusion perpetua, bail is discretionary before conviction if evidence of guilt is not strong. However, after conviction for such an offense, bail is neither a matter of right nor discretion. Since the accused was convicted of rape, punishable by reclusion perpetua under Article 335 of the Revised Penal Code, and sentenced accordingly, he was no longer entitled to bail pending appeal. The trial court’s orders were affirmed.
2. On the conviction for rape (G.R. No. 90643): The Supreme Court affirmed the conviction. The prosecution established that on November 26, 1983, Merelyn Gine was alone in a nipa hut when the accused appeared, gagged her with his T-shirt, threatened her with a bolo, tore her pedal pants, and raped her. Medical evidence (Exhibits B, B1, B2) confirmed recent sexual intercourse and hymenal lacerations. The accused’s defenses—alibi, denial, and claims of ill motive by the victim’s family—were rejected. The trial court found Merelyn’s testimony credible, consistent, and corroborated by physical evidence and her immediate reporting of the incident. The Supreme Court emphasized that in rape cases, the victim’s testimony, if credible, is sufficient for conviction. The accused’s guilt was proven beyond reasonable doubt. The penalty of reclusion perpetua and the award of P20,000.00 as indemnity were sustained.