GR 97921; (September, 1993) (Digest)
G.R. No. 97921 September 8, 1993
People of the Philippines, plaintiff-appellee, vs. Rolando Domingo y Melebo and Dante Tambalo y Sapunggay, accused-appellants.
FACTS
On October 1, 1989, in Manila, accused-appellants Rolando Domingo and Dante Tambalo, both 21-year-old factory workers, were charged with the rape of 15-year-old co-worker Rosemarie Tulisana. The prosecution’s evidence established that on the evening of October 1, 1989, Tulisana was sleeping alone in her shared dormitory room within the factory premises. Appellants entered the room; Tambalo held Tulisana’s forehead while Domingo held her breast. Domingo ordered Tambalo to stand guard outside. Despite Tulisana’s pleas and resistance, Domingo threatened to box her, removed her clothing, and succeeded in having carnal knowledge with her. Tambalo remained outside, peeping through a hole in the door. After the act, Domingo threatened to kill Tulisana if she reported the incident. She reported the rape on October 3, 1989, after which appellants were arrested. A medico-legal examination confirmed she was no longer a virgin. The defense presented a denial and a “sweetheart theory,” claiming Tulisana was Domingo’s girlfriend and that their sexual intercourse on the night in question was consensual.
ISSUE
Whether the trial court erred in convicting accused-appellants of the crime of rape, specifically in finding that the sexual intercourse was not voluntary and in giving credence to the complainant’s testimony.
RULING
The Supreme Court AFFIRMED the conviction with MODIFICATION. The Court found the prosecution’s evidence, particularly the credible, candid, and consistent testimony of the complainant, sufficient to prove the guilt of both appellants beyond reasonable doubt. The defense of consensual sexual intercourse was rejected as contrived and unsupported by evidence. The Court held that the force and intimidation employed by Domingo, coupled with Tambalo’s indispensable cooperation in standing guard and preventing help from reaching the victim, established conspiracy. Both were therefore liable as principals. The award of moral damages was increased to P30,000.00. The penalty of reclusion perpetua for each appellant was sustained.