G.R. No. 189493 - FCA Security and General Services, Inc. vs. Academia, Jr. II

Marcos Abuyan, Jr. was charged with two counts of rape in two separate informations filed by private complainant Gelen Udarbe.
The accusations relate to two distinct dates: November 1, 1983, and November 16, 1983, both occurring in Makati, Metro Manila.
Upon arraignment on May 8, 1984, the accused pleaded not guilty to both charges.

Occurred in the early hours when the Pedrera household was partially empty, as the homeowners had left to attend to other matters.
The accused allegedly used force, threats, and intimidation employing a kitchen knife.
The complainant testified that the accused crept up to her, grabbed her hand, pulled her hair, undressed her skirt, and eventually forced his sexual organ into her, resulting in physical pain and loss of consciousness.
Detailed testimony included descriptions of how the accused manipulated her clothing and assaulted her despite her protests.

Occurred at night when the complainant was in her bed, and the accused allegedly entered her room.
The accused reportedly used a similar modus operandi involving physical force, the application of a knife to her neck, and repeated acts of violence such as slapping, boxing of her stomach and thighs, and further undressing.
The complainant recounted screaming for help, experiencing pain severe enough to cause loss of consciousness, and being subjected to further threats after regaining consciousness.

The complainant’s immediate actions following the assaults were influenced by intense fear and repeated death threats from the accused.
Due to such intimidation, there was a delay in reporting the incident; her trauma even led her to stop attending classes.
Medical examinations later documented injuries including healed lacerations of the hymen and evidence of sexual violence confirmed by internal examinations.
On March 1, 1984, in the company of her father and other relatives, Gelen Udarbe formally filed two complaints of rape with the police.

Following the trial, the accused was found guilty beyond reasonable doubt for both counts of rape.
The decision, rendered on February 11, 1990, sentenced Marcos Abuyan, Jr. to Reclusion Perpetua for each case, along with an indemnity payment of ₱30,000 to the complainant and the payment of court costs.
The trial court’s decision was based on the detailed testimonies of the complainant, corroborative medical evidence, and other supporting testimonies from household members.

The accused challenged the trial court’s reliance on the complainant’s testimony, alleging that her narrative was neither credible nor straightforward, and that his own testimony was disregarded.
He questioned whether the acts of rape, as described, were consistent with the victim’s reactions, particularly her ability to lose and then regain consciousness.
The defense also attempted to establish an alibi by asserting that the accused was in San Fernando, Pampanga during the time of one or both alleged incidents, arguing that it was physically impossible for him to have committed the crimes given the travel distances involved.
The defense relied on pointing out what it claimed to be minor inconsistencies in the complainant's testimony, attributing them to the emotional trauma of recalling such a painful incident.

Testimonies from other parties, including Erlinda Pedrera and various household members, helped establish the absence of other persons at the scene and supported the complainant’s account.
Medical findings and the physical state of the complainant further corroborated the occurrence of the assaults.
The overall presentation of evidence by the prosecution, including detailed recounting of the incidents and the victim’s consistent identification of the accused, played a critical role in affirming the trial court’s findings.

Whether the trial court erred in giving significant weight to the complainant’s testimony while seemingly disregarding that of the accused.
Whether minor inconsistencies in the complainant’s recollection, attributed to the trauma of the incident, should have diminished its credibility.

Whether the evidence supports that two distinct acts of rape occurred on November 1 and November 16, 1983, both involving the use of force, threats, and intimidation by the accused.
Whether the physical evidence and the victim’s recollection sufficiently affirm that the acts were committed as described.

Whether the accused’s claim of being in San Fernando, Pampanga, during the time of the crimes is credible and meets the physical impossibility requirement for an alibi.
Whether the temporal logistics and travel possibilities undermine or support the alibi claim.

Whether the collective evidentiary material, including testimonies, medical reports, and corroborative accounts, sufficiently proves the guilt of the accused beyond reasonable doubt.
Whether the procedural handling and evaluation of evidence by the trial court were appropriate under the prevailing standards.