G.R. No. L-96370 July 14, 1993
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CERVANDO PATONG y VILLANUEVA, alias Nando, accused-appellant.

FACTS

The complaining witness, Alda Malima Patong, a 25-year-old mother of three and five months pregnant, accused her uncle by affinity, Cervando Patong, of rape. The incident occurred at about 8:00 p.m. on March 22, 1990, at Alda’s house in Jimenez, Misamis Occidental. Cervando had visited earlier that day and drank with Alda’s husband, Joseph, who later went out to fish. Cervando returned that night and asked to spend the night. Alda allowed him, as a relative, and prepared a sleeping area in the dining room, separated from the sala where she and her children slept by only a curtain. After Alda returned to the sala, Cervando blew out the lamp in the dining room, crossed to the sala, and asked her to lie with him. When she angrily refused, he pointed a knife at her stomach, snuffed out the other lamp, dragged her to the dining room, forcibly laid her on the mat, pulled off her panty, and threatened her with the knife. He kissed and sucked her mouth, and despite her struggles and pleas, he raped her and ejaculated into her. Afterward, he told her he would call her if he needed her again and went to sleep. At about 10:00 p.m., upon hearing Cervando snore, Alda sneaked out with her youngest child and went to her neighbors, Victor and Nenet Sagang, to report the rape. The neighbors notified barangay councilors and Alda’s father-in-law, and the police were called. The policemen found Cervando still asleep with a knife near his head, arrested him, and he remained silent when identified by Alda. The next morning, a medical examination revealed Alda’s vaginal smear was “positive of sperm cells.” She filed a criminal complaint for rape. Prosecution witnesses, including the neighbors and policemen, corroborated her account. In his defense, Cervando claimed he was a victim of a robbery orchestrated by Alda and others, including one of the barangay councilors, and that he was invited by Alda to sleep in her house. He alleged he was robbed while sleeping and was later assaulted and arrested. No one corroborated his story.

ISSUE

Whether the trial court erred in finding accused-appellant Cervando Patong guilty beyond reasonable doubt of the crime of rape.

RULING

The Supreme Court DISMISSED the appeal and AFFIRMED the trial court’s judgment with modification. The Court found no error in the trial court’s finding of guilt beyond reasonable doubt. It held that Alda’s testimony was consistent, credible, and forthright, and her immediate reaction of fleeing and reporting the rape was natural. The medical finding of sperm cells corroborated her charge. In contrast, Cervando’s defense was improbable, a fabrication, and lacked corroboration. The Court agreed with the presence of the aggravating circumstances of night-time, dwelling, and abuse of confidence. The sentence of RECLUSION PERPETUA with accessory penalties was affirmed. The civil indemnity was increased to P30,000.00 in accordance with existing doctrine.