G.R. No. 124916 - People vs. Almanzor y Roxas

On March 11, 1994, Sally Roxas, a 17-year-old employee of Jollibee Greenbelt in Makati, was on her way to work.
While walking along Makati Avenue near the Ayala Museum, she was accosted by Rene Almanzor y Roxas, who introduced himself as a Marikina policeman and showed an identification card.
The accused, with lewd designs, forcibly persuaded her to board his car by threatening her with his handgun, thereby initiating the chain of events leading to rape.

After Sally reluctantly entered the vehicle, the accused drove away, passing by Jollibee despite her request to alight there.
During the ride, the accused ordered Sally to undress—first her T-shirt and bra, then her pants and panty—by continuously using his gun to intimidate and control her.
The crime was consummated inside the car as the accused reclined the seat, spread her legs, and forcibly inserted his penis into her, all while maintaining the threat of imminent harm with his firearm.
After the act, he returned to the driver’s seat and threatened further retribution when Sally mentioned filing a complaint.

Following the assault, Sally attempted to proceed to work but was visibly distraught; during a break, she confided the details of the incident to her cousin, Carlos Abellanosa.
Advisories from her workplace led her to seek medical and legal assistance: initial examinations at local clinics were inconclusive until she was directed to the Camp Crame Crime Laboratory.
A physical examination by Dr. Jesusa Vergara revealed abrasions, lacerations, and signs of a forcible entry into her sexual organ, corroborating the allegations of a non-consensual act.
Sally’s subsequent identification of the accused during a police line-up and in-court testimony served as key evidence of his participation.

Rene Almanzor y Roxas claimed an alibi, stating that on the morning of the incident he was attending a seminar at the Hyatt Regency Hotel and left his residence in Malate, Manila.
Testimonies from neighbors, including Mrs. Alice Guiamoy and Ma. Veronica Villamil, provided details on his early morning departures but did not conclusively support his alibi.
Additional complaints from other women (Maritess Magsino and Suzette de Montano) similarly accused him of sexual assault, thereby reinforcing the pattern of his alleged misconduct.

The Regional Trial Court, Branch 66 of Makati City, found Rene Almanzor y Roxas guilty beyond reasonable doubt of forcible abduction with rape.
The trial court initially sentenced him to the supreme penalty of death and ordered payment of liquidated, moral, and exemplary damages to the complainant.
On appeal, the accused raised several issues, including the reliability of the identification process, alleged inconsistencies in the complainant’s statements, the improbability of the rapey sequence of events, and the failure to offer resistance as factors negating non-consent.

Whether the positive identification of the accused by the complainant during both the police line-up and in-court testimony was reliable and admissible.
How the alleged inconsistencies between the complainant’s affidavit and her in-court testimony affected her credibility.

Whether the accused’s alibi—that he was at a seminar at the Hyatt Regency Hotel at the time of the crime—was sufficient to exonerate him.
Whether discrepancies in the timeline and details provided by the accused and by various witnesses undermined the alibi.

Whether the crime committed should be classified as forcible abduction with rape or absorbed into the crime of simple rape in light of the accused’s intent.
Whether the use of a deadly weapon (a gun) during the commission of the rape warranted the imposition of the death penalty or a lesser punishment.

Whether the procedure employed in the police line-up, despite claims of irregularity and absence of counsel, was sufficient to establish the accused’s identity.
Whether the cumulative evidence, including forensic findings and multiple witness testimonies, was adequate to sustain the conviction.