Facts:
On or about August four, nineteen eighty-five, within the City of
San Pablo,
Republic of the Philippines, and within the jurisdiction of the
Regional Trial Court, Fourth Judicial Region, Branch Thirty-One, San Pablo City,
Dante Banayo was accused of committing
rape under
Article 335 of the Revised Penal Code. The complaint, dated October eleven, nineteen eighty-five, alleged that the accused, with
lewd design and by means of
force, violence and intimidation, raped and had
sexual intercourse with
Anselma Magampon, by hitting her on the head and making her unconscious, and thereafter having sexual intercourse with her. At arraignment on November twenty-eight, nineteen eighty-five, the accused pleaded
not guilty. After trial, the RTC rendered judgment on March seven, nineteen eighty-eight, finding the accused guilty beyond reasonable doubt of rape and imposing
reclusion perpetua, with accessory penalties; it ordered him to indemnify Anselma Magampon in the amount of
P20,000.00, and to pay the costs. The victim testified that she was a waitress at Solid Cafe and, while walking home alone at about ten o’clock in the evening, she was hit on her head from behind near the premises of Franklin Baker Company. She stated that when she looked back, she saw the accused, that she was hit again, that she lapsed into unconsciousness, and that when she regained her senses she found herself at the foot of a banana plant with her panty and pants down to her heels. She reported bleeding from her head and genital organ. Her father, Francisco Magampon, brought her to the San Pablo City District Hospital, where she was examined by
Dra. Nora Penaloza, who issued a
medico-legal certificate noting, among others, a bleeding occiput wound, multiple hematomas, and that the hymen was not intact with old lacerations at the six and nine o’clock positions. The attending physician also testified that spermatozoa were not found, but explained that absence of sperm does not negate penetration and discussed that hematomas may arise from trauma or struggle. She further related that she disclosed the incident to her father and guided him to the place where she regained consciousness. The accused testified that he and Anselma became sweethearts in July nineteen eighty-five, that they had consensual sexual relationships, and that she later demanded marriage after he cooled off; he denied hitting her on August four and claimed
alibi, stating that he was in Barangay Palakpakin at the house of his baptismal sponsor,
Ayong Atienza. The RTC found the victim credible and convicted the accused. On appeal, the accused assigned as error that the RTC erred in treating alleged inconsistencies and improbabilities in the victim’s testimony as minor and not affecting her credibility. The appellate disposition
affirmed the conviction but
modified the civil indemnity.
Issues:
Whether the accused-appellant’s guilt for rape was proven beyond reasonable doubt, despite alleged inconsistencies and improbabilities in the victim’s testimony, and whether the civil indemnity should be modified.
Ruling:
Ratio:
Doctrine: