G.R. No. 223272 - Osorio vs. Navera

In an Information dated August 10, 2015, accused-appellant Jovic Pantanosas Amper was charged with the crime of rape under Article 266-A, paragraph 1(a) of the Revised Penal Code, as amended.
The incident allegedly occurred on or about August 5, 2015, at approximately 1:05 in the early hours of the morning at Purok 3, Lower Boyugon, Barangay Duka, Medina, Misamis Occidental.

AAA, the private complainant, traveled with her husband and two minor children from Davao City to Purok 3, Barangay Boyugon, Medina, Misamis Occidental, for the purpose of visiting her ailing father-in-law, who was in a hospital.
Upon arrival, they were received by Jovic Amper, a close friend of AAA’s husband, who accompanied them to her father-in-law’s house and prepared lunch for the family.
After lunch, AAA and her husband visited the hospital in Gingoog City, and later returned home where Jovic rendered additional assistance by preparing dinner and fixing the ceiling fan in the room where the family was to stay.
Later in the evening, AAA joined a conversation at the terrace with her husband and another man while Jovic remained present.

At around 10 o’clock in the evening, AAA received a call informing her that her father-in-law had died, prompting her husband—though intoxicated—to leave for the hospital immediately, leaving AAA and her two children at home.
Past midnight, AAA, feeling uneasy and texting her husband because she sensed someone outside, later discovered a man inside her house with his face partially concealed by a t-shirt.
The man proceeded to switch off the lights in the living room and the bedroom, grabbed AAA by the hair, and as she attempted to protect her children, he verbally threatened her by stating, “Fight back, run and ask for help, I will kill your children.”
The intruder forcibly dragged AAA from the house toward an area near mango trees where he removed her shorts and panty, ordered her to bend over, and initiated forced sexual intercourse by first inserting his penis into her vagina.
Unsatisfied, he dragged AAA near a septic tank, forced her to lie down, and performed a second act of penetration, explaining that the timing was favorable because her husband was not present.
Upon removal of the t-shirt, AAA recognized the intruder as Jovic Pantanosas Amper, the same person who earlier had rendered assistance to her family.
Following the assault, AAA immediately sought help by checking on her children and contacting her relative, Auntie Nining, to report the incident.

Shortly after the assault, the matter was reported to the police, who organized a police line-up in an effort to help AAA identify her rapist.
During the line-up, due to fear that Jovic might retaliate against her husband (who was standing nearby), AAA initially pointed to a different person, Noel Cabiltes.
However, on the following day, August 6, 2015, AAA positively identified Jovic as the perpetrator and subsequently filed a case against him for rape.
SPO2 Alvin T. Tejano took custody of Jovic at Sitio Boyugon, Purok 3, Duka, Medina on the same day based on the identification.

Primary testimonies were provided by the complainant AAA and SPO2 Alvin T. Tejano, which detailed a clear sequence of events and the use of force and intimidation.
Testimonies highlighted the physical evidence of the act, including the insertion of the penis on two distinct occasions, first near mango trees and then near a septic tank, accompanied by the use of a bladed weapon as a tool of intimidation.

The accused, Jovic Pantanosas Amper, along with Jessica B. Valiente (a common cousin of Jovic and AAA’s husband), testified in support of his alibi.
Jovic claimed that on August 4, 2015, he had interacted briefly with AAA and her husband during a visit and later left after preparing a meal, insisting that he was elsewhere (at his cousin Anabel’s house for breakfast) at the relevant time.
He further asserted that from 6:00 p.m. on August 4, 2015, until 6:00 a.m. on August 5, 2015, he was at home with the son of his live-in partner.
The defense evidence failed to produce corroborative witnesses or tangible evidence to support the alibi or to refute the discrepancies regarding his proximity to the crime scene.

Whether the guilt of accused-appellant Jovic Pantanosas Amper for the crime of rape was proven beyond reasonable doubt.

The central issue revolved around the credibility and sufficiency of the testimonies of the complainant and the witnesses to establish the commission of rape.
Whether the failure of AAA to identify the accused during the police line-up, due to alleged fear and intimidation, undermines the prosecution’s case.
The effectiveness of the defense evidence (alibi and denial) in refuting the established elements of rape, specifically the use of force, threat, or intimidation.