G.R. No. 128386 - People vs. Alquizalas y Alquilita

Plaintiff-Appellee: People of the Philippines; Accused-Appellant: Judito Alquizalas y Alquilita.
Information filed October 30, 1995 by Assistant Provincial Prosecutor Ma. Cecilia Bercilles charging accused with rape committed on October 5, 1995 at about 2:00 p.m., in Barangay Jandiliog, Municipality of Ronda, Province of Cebu; victim identified as MARISSA BAYANG, 15 years old; allegation: carnal knowledge by means of force, violence and intimidation with the use of a hunting knife. Case prosecuted as Criminal Case No. CEB-BRL-013, RTC Barili, Cebu, Branch 60.

Accused pleaded not guilty at arraignment; trial on the merits ensued.
RTC (Judge Ildefonso B. Suerte) rendered decision on September 12, 1996 convicting accused of rape; sentenced him to reclusion perpetua and ordered payment of moral damages P50,000.00 and exemplary damages P25,000.00.

Victim is a cousin of the accused; they lived in Bolocboloc, Barili, Cebu.
On October 5, 1995 at about 2:00 p.m., accused asked victim to accompany him to Ronda to get “medicine water” for her sick grandfather; she rode on accused’s motorcycle.
Before reaching the medicine man’s place, accused diverted to Sitio Cabunan, Jandili-og — a secluded, thicketed area far from the highway and houses.
While walking toward the thicket, accused pulled her, pointed a knife at her, and struck (boxed) her abdomen three times; she became weak, dizzy and fell on her back.
Accused, still holding the knife, pulled down her pants and underwear, placed himself on top of her, covered her mouth when she shouted, and inserted his penis into her vagina; the act lasted about five minutes, caused extreme pain and bleeding; afterwards accused took her to the medicine man in Ylaya and they returned home; upon arrival she immediately reported the incident to her grandmother in the presence of accused’s wife; a medical examination was secured.

On examination he found lacerations at the 4:00 and 7:00 o’clock positions of the hymen and a small amount of blood.
Presence of vaginal secretion resembling semen; laboratory smear disclosed spermatozoa.
Opinion: hymenal lacerations could have been inflicted within two to three hours prior to examination.

Accused, 24 years old and married, admitted having sexual intercourse with the victim but asserted it was consensual and described a different sequence and location:

He said victim and his grandmother consented to her accompanying him to Ylaya for more medicine water; they allegedly stopped at Kasadya Beach at victim’s request, rested near the seashore, kissed and embraced, and then had sexual intercourse consensually with the victim allegedly initiating removal of pants.
After intercourse (about five minutes according to accused), they proceeded to Ylaya, secured medicine water, bought sugar at a store on the way back, and returned to their grandmother’s house by about 3:00 p.m.; upon arrival accused left after someone noticed blood on the victim’s trousers.

Accused’s defense at trial and on appeal: denied force or intimidation sufficient to constitute rape; argued victim’s conduct (riding back with him, not immediately resisting strongly) undermined credibility of rape claim and showed consent.

Accused appealed from his conviction; lone assignment of error: trial court erred in finding guilt beyond reasonable doubt given alleged insufficiency of evidence, asserting consent and lack of proven force or intimidation.

Whether the prosecution proved beyond reasonable doubt all elements of the crime of rape as defined under Article 335, Revised Penal Code (at the time), specifically carnal knowledge by means of force or intimidation.
Whether the victim’s conduct after the incident (riding back with the accused and not showing continuous or tenacious resistance) negates the existence of force or intimidation and supports a finding of consent.

Whether the presence of a deadly weapon (hunting knife) elevates or affects the penalty applicable, and whether reclusion perpetua or a higher penalty should apply.
Proper characterization and quantum of civil damages recoverable by the victim: indemnity/compensatory damages, moral damages, and exemplary damages — whether exemplary damages are warranted in absence of aggravating circumstances.