Case Digest (G.R. No. 123539)
Facts:
People of the Philippines v. Mariano Austria alias "Anoy", G.R. No. 123539, June 26, 2000, Supreme Court Second Division, Buena, J., writing for the Court. The plaintiff-appellee is the People of the Philippines; the accused-appellant is Mariano Austria.On January 15, 1995 an information charged Austria with having raped 12-year-old Prescila G. de Vera on or about November 22, 1994 in Barangay San Jose, Aguilar, Pangasinan, alleging that Austria, armed with a scythe, used force and intimidation in violation of Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659. At arraignment the accused pleaded not guilty and the case proceeded to trial before the Regional Trial Court of Lingayen, Pangasinan, Branch 38 (Crim. Case No. L-5239).
The prosecution presented the testimony of the victim Prescila, her mother Myrna de Vera, her aunt Nieves de Vera, and Dr. Cecilio Guico, Jr., who examined Prescila on December 26, 1994. Prescila testified that while passing a ricefield at noon she was accosted by Austria, who grabbed her, pulled out an eight-inch scythe, threatened her life, dragged her into banana plants, removed her clothes, fondled and penetrated her, producing bleeding and pain; she later identified Austria in open court. The medical certificate recorded old lacerations on the hymen at 1, 3, 7 and 9 o'clock, absence of spermatozoa 34 days after the incident, and that the vagina would admit one examining finger.
Accused testified in denial and raised an alibi and an impotency defense. He claimed he was harvesting palay at the time and asserted that Prescila had taken his wallet; defense witness Rudy Garcia corroborated the agricultural work; Dr. Wilma Flores-Peralta testified that on January 11, 1995 she found Austria suffering from epididymo-orchitis (swollen tender left testicle), a condition she did not equate with absolute impotence. The trial court also observed that several fingers of Austria’s right hand were severed but found him physically able and still working in the fields; the defense introduced testimony suggesting possible vendetta motives and an uncorroborated allegation that Prescila earlier reported another man's assault.
On October 31, 1995 the trial court convicted Austria of rape and sentenced him to reclusion perpetua and ordered moral damages of P50,000.00. Austria appealed, contesting (inter alia)...(Subscriber-Only)
Issues:
- Did the trial court err in finding the victim credible and convicting accused-appellant despite alleged inconsistencies and delay in reporting?
- Whether the presumption of potency was overcome by accused-appellant’s claim of impotence due to old age and medical condition?
- Whether the prosecution proved the elements of force and intimidation and the aggravating circumstance of the use of a deadly weapon?
- Did the trial court improperly discredit the defense’s version of events and...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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