G.R. No. L-40574 November 29, 1984
The People of the Philippines, plaintiff-appellee, vs. Armando Daing, Jr., and Fredo Paulmitan, defendants-appellants.

FACTS

The accused-appellants, Armando Daing, Jr. and Fredo Paulmitan, were charged with the rape of Elena de los Reyes, a 15-year-old feeble-minded girl. The prosecution’s evidence established that on January 5, 1974, in La Castellana, Negros Occidental, the appellants, along with another individual, forcibly dragged Elena to a sugarcane field. There, they stripped her, and each had carnal knowledge of her in succession while the other restrained her. Two eyewitnesses corroborated the dragging and the act. A medical examination revealed healed hymenal lacerations. The victim reported the incident after being threatened by the appellants.
The defense claimed the sexual acts were consensual and for a fee, alleging Elena was a prostitute introduced by a companion. They argued consent was shown by the preparation of a bedding of sugarcane leaves, the absence of external injuries on the victim, her initial hesitation to file a complaint, and an alleged subsequent consensual act with one appellant.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that the appellants had carnal knowledge of the victim by means of force or intimidation and without her consent.

RULING

The Supreme Court affirmed the conviction but modified the judgment. The Court found the defense of consensual intercourse for a fee untenable. The victim’s mental deficiency made her easy prey, and the claim of prostitution was uncorroborated and inherently improbable. The Court held that the presence of prepared sugarcane leaves did not prove consent, as the victim testified her clothes were soiled. The absence of external injuries is not inconsistent with rape, especially when the victim is restrained by holding her limbs rather than beaten. Her initial reluctance to report was credibly explained by the appellants’ death threats.
The legal logic centers on the assessment of credibility and the elements of rape. The trial court’s findings on the credibility of the victim and eyewitnesses were accorded great weight. The defense failed to substantiate its claim of consent, while the prosecution evidence clearly established force and intimidation. The Court further ruled that although the information charged a single rape, the evidence conclusively proved two separate acts of sexual intercourse perpetrated by each appellant in succession. Consequently, each appellant is guilty of two separate crimes of rape. The penalty for each count of rape is reclusion perpetua, and the indemnity was increased.