GR L 35309; (April, 1984) (Digest)
G.R. No. L-35309. April 2, 1984.
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENITO MARBEBE and ALFONSO ESCALERA, accused, BENITO MARBEBE, defendant-appellant.
FACTS
The prosecution’s evidence established that on the evening of September 18, 1970, complainant Rebecca Origin, then 17 years old, was waiting for transportation in Iloilo City when accused-appellant Benito Marbebe, accompanied by co-accused Alfonso Escalera, approached her. Marbebe demanded she accompany them to a nearby building. Upon her refusal, he pressed a knife against her side, threatening to stab her. Intimidated, she was forcibly led to the dark back porch of the Home Economics building at Mandurriao Elementary School. There, Marbebe, while brandishing the knife, undressed her, pushed her to the floor, and had carnal knowledge against her will. The act was interrupted when her brother, Leandro Origin, arrived calling for her. Marbebe fled, and Rebecca immediately reported the rape to her brother. A medical examination conducted hours later revealed fresh hymenal lacerations and other injuries consistent with recent sexual intercourse and physical struggle.
The defense presented a different version. Marbebe claimed the sexual encounter was consensual, alleging that he and Rebecca were sweethearts who had agreed to meet that night. He testified they had intercourse on the porch, after which they were conversing when her brother arrived. He denied using a knife or any form of intimidation.
ISSUE
The core issue is whether the sexual intercourse between Benito Marbebe and Rebecca Origin was consummated with her consent or through force and intimidation, thereby constituting the crime of rape.
RULING
The Supreme Court affirmed the conviction, upholding the trial court’s finding that the crime of rape was proven beyond reasonable doubt. The Court found the testimony of the complainant to be credible, natural, and consistent. Her detailed account of the threat with a knife, the forcible abduction to an isolated location, the act itself under the menace of the weapon, and her immediate report to her brother and the authorities carried the hallmarks of truth. The medical certificate corroborated her claim of a recent and forcible sexual act.
In contrast, the Court found the appellant’s claim of consensual intercourse improbable and unsupported. The Court noted the inherent unlikelihood of a young woman willingly engaging in sexual intercourse in a dark, secluded school porch shortly after being forcibly taken there at knifepoint. The appellant’s nonchalant and often grinning demeanor while testifying about a grave charge further undermined his credibility. The Court also logically dismissed the defense’s argument about the physical difficulty of the act while holding a knife, reasoning the appellant could have used both arms for support. The totality of the evidence conclusively established that intercourse was achieved through intimidation with a deadly weapon, which is sufficient to constitute rape. The appealed judgment was affirmed with a modification increasing the moral damages.
