G.R. No. L-47720 May 20, 1987
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NEMESIO TUANDO, accused-appellant.

FACTS

The prosecution established that on the evening of August 29, 1975, in Jaro, Leyte, the accused-appellant, Nemesio Tuando, entered the dwelling of the 50-year-old complainant, Panfila Maningo. While she was asleep, Tuando, armed with a bolo, had carnal knowledge of her. Maningo testified she initially thought the intruder was her husband but realized it was Tuando upon noticing a different smell and feeling the bolo at her side. She resisted and shouted, but Tuando covered her mouth and threatened to kill her if she made noise. Frightened and due to her sickly condition, she was unable to repel the assault. After the act, Tuando warned her not to report the incident. She immediately reported the rape to her husband upon his return, and they filed a complaint the following day, supported by a medical certificate.
The defense interposed alibi, claiming Tuando was at his house conducting a prayer novena and subsequent drinking session with companions from 8:00 PM until dawn, never leaving their sight except to urinate nearby. He alleged the complaint was motivated by ill will, as the complainant’s common-law husband, Guillermo Regis, was angry over a tenancy dispute and had previously challenged him to a fight. The trial court convicted Tuando of rape under Article 335 of the Revised Penal Code, as amended, and imposed the death penalty, appreciating the aggravating circumstances of dwelling and nighttime.

ISSUE

The core issue is whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt, and whether the aggravating circumstances were correctly appreciated to warrant the imposition of the death penalty.

RULING

The Supreme Court affirmed the conviction but modified the penalty to reclusion perpetua. The Court found the complainant’s testimony to be credible, straightforward, and consistent. Her immediate report of the crime to her husband and the authorities, coupled with the medical findings, bolstered her account. The defense of alibi was inherently weak and could not prevail over the positive identification by the victim, who knew Tuando as a neighbor. The Court also upheld the appreciation of the aggravating circumstances of dwelling and abuse of superior strength. The attack occurred in the victim’s own home, violating the sanctity of her dwelling. Abuse of superior strength was present as Tuando, a young man armed with a bolo, took advantage of his strength over the sickly, 50-year-old victim. Nocturnity was not separately considered as it was absorbed by abuse of superior strength. However, pursuant to the 1987 Constitution prohibiting the death penalty, the sentence was reduced to reclusion perpetua. The indemnity was also increased to Twenty-Five Thousand Pesos (P25,000.00).