G.R. No. 117737 - People vs. Cervantes

The accused, Nemecio B. Cervantes, was charged with the crime of rape.
The victim, Rosalyn M. Salvador, was a 16-year-old girl whose testimony formed the basis of the prosecution’s case.
The case arose from events occurring in or about June 1991 in Pasay City, Philippines.

On a June evening in 1991 at approximately 7:00 p.m., Rosalyn M. Salvador was at home when Nemecio Cervantes, who had been renting part of the house for over six years, knocked on the door asking for water.
After receiving the water, instead of drinking it, Cervantes forcefully entered the house and dragged the victim into the comfort room.
Inside the comfort room, Cervantes repeatedly kissed the victim on the face, neck, and other parts of her body while she cried and resisted.
Under threat of a knife—poked at the middle portion of her throat—he ordered her to remove her t-shirt and short pants, which she did out of fear.
Cervantes proceeded to remove her bra and panties and forcibly inserted his penis into her vagina, causing her pain.

It was testified that similar incidents occurred in August and November 1991 under the same circumstances of threat and coercion.
The victim delayed reporting the incident until February 1992 due to the death threat against her and her family.
Medical evidence from a genital examination conducted by Dr. Ruperto Sombilon, Jr. revealed old-healed hymenal lacerations in positions consistent with the time of the alleged assaults.
The victim’s testimony was detailed and marked by visible distress, including continuous crying during court proceedings.

Cervantes claimed that the incident occurred as a result of mutual desire and consent, characterizing the relationship with the complainant as that of “sweethearts.”
He further attempted to shift the blame by alleging that the complainant’s mother, Angelina, was the real instigator—motivated by jealousy and revenge after the end of their relationship.

The trial court found sufficient evidence to conclude that Cervantes was guilty beyond reasonable doubt of the crime of rape.
The court sentenced him to suffer reclusion perpetua and ordered him to pay Rosalyn Salvador moral damages initially amounting to P500,000.00, along with the imposition of costs.

Whether the evidence presented, including the victim’s detailed and emotionally charged testimony and medical findings, sufficiently established the occurrence of rape.
Whether the observed demeanor of the victim during her testimony (e.g., continuous crying) enhanced the credibility of her account.

Whether Cervantes’ assertion of a consensual “sweetheart” relationship could validly negate the elements of coercion and fear inherent in rape.
Whether the defense’s attempt to redirect blame onto the complainant’s mother had any substantiation in view of the factual and circumstantial evidence.

Whether the award of moral damages initially set at P500,000.00 was excessive in light of prevailing jurisprudence, specifically referencing guiding cases like People vs. Joya.