GR 98442; (May, 1993) (Digest)
G.R. No. 98442 May 4, 1993
People of the Philippines, plaintiff-appellee, vs. Santiago Ferolino @ “Tagoy”, accused-appellant.
FACTS
On May 17, 1990, around 1:00 a.m., Santiago Ferolino forcibly entered the one-room shanty of Emma Siervo in Sitio Pag-usoyon, Barangay Nenita, Mondragon, Northern Samar. He was nude except for a shirt covering his private part and armed with a 17-inch bolo. Emma’s 11-year-old daughter, Germie Siervo, witnessed the entry. Ferolino pushed Germie down, threatened to kill her, blew out the lamp, and approached the sleeping Emma. He placed his bolo on her chest, stuffed her mouth with his shirt, threatened her, and forcibly had sexual intercourse with her despite her resistance, which was hampered by her physical weakness from recent childbirth and farm work. Afterward, he warned her not to report the incident. The next morning, Emma filed a complaint with the barangay captain, underwent a medical examination, and reported the assault to the police. Ferolino admitted to sexual intercourse but claimed it was consensual, alleging pre-existing amorous relations and that Emma had demanded money to drop the case. The Regional Trial Court convicted him of rape and sentenced him to reclusion perpetua.
ISSUE
Whether the guilt of the accused for the crime of rape was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of the prosecution witnesses, Emma Siervo and her daughter Germie, whose testimonies were found sincere and spontaneous, in contrast to the contrived narration of the defense. The Court emphasized that the trial court is in the best position to evaluate witness credibility. It rejected the defense of consensual intercourse, noting the immediate reporting of the crime and the lack of motive for the complainant to falsely accuse the accused. The Court modified the penalty to include an award of P50,000.00 as moral damages in favor of Emma Siervo.
