G.R. No. L-71767 June 30, 1988
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HUGO JARZI, accused-appellant.

FACTS

On December 7, 1983, at around six in the evening, Gregoria Bisaya was on her way home in Candijay, Bohol, after tending her family’s carabaos. She encountered Hugo Jarzi, whom she knew well as his common-law wife was her mother’s cousin. Jarzi suddenly grabbed her, dragged her, and brandished a bolo, threatening to kill her if she cried for help. He forcibly carried her to his hut. There, he tore off her clothes, threatened her again, and despite her resistance, succeeded in having sexual intercourse with her. The following day, Gregoria was medically examined, revealing lacerations and signs consistent with forced intercourse.
An Information for abduction with rape was filed against Jarzi. The Regional Trial Court found him guilty, appreciating the aggravating circumstance of nocturnity, and sentenced him to reclusion perpetua with an order to indemnify the victim P10,000. Jarzi appealed, contending the trial court erred in crediting the prosecution’s version. He claimed he and Gregoria were sweethearts and the sexual act was consensual, arguing that certain physical details (like her eyeglasses not breaking and the bolo being within her reach) disproved the use of force.

ISSUE

Whether the trial court erred in convicting the accused of the complex crime of abduction with rape, despite his claim of a consensual relationship and the alleged lack of credible evidence for force and intimidation.

RULING

The Supreme Court affirmed the conviction, finding the appeal devoid of merit. The Court upheld the trial court’s assessment of witness credibility, emphasizing it is best positioned to observe witness demeanor, and found no cogent reason to overturn its findings. The Court systematically rejected the appellant’s arguments. The intact eyeglasses did not negate force, as the force used was directed at dragging and carrying her, not necessarily at her face. The destroyed zipper on her pants was consistent with forcible removal despite her resistance. Her failure to grab the nearby bolo was explained by her being under extreme fear and intimidation from the appellant, who was physically stronger and had repeatedly threatened her life. The claim they were sweethearts was unsupported by evidence and belied by the victim’s immediate report to her parents and filing of the complaint. The Court found the elements of abduction with rape were proven: the taking of Gregoria by force and intimidation, and the subsequent carnal knowledge against her will. The aggravating circumstance of nocturnity was properly appreciated. The penalty of reclusion perpetua was affirmed, but the indemnity was increased to P30,000.00 in line with prevailing jurisprudence.