G.R. No. 142662 - People vs. Ferrer y Molina

Case Digest (G.R. No. 142662)
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Facts:

Filing of the criminal case for rape

The Information for rape was filed with the Regional Trial Court of Makati, Branch 138, charging Jerry Ferrer y Molina @ Jerry Rugby (Accused-Appellant) with: on or about August 21, 1998, in the City of Makati, Metro Manila, a place within the court’s jurisdiction, the accused, armed with a bladed weapon, by means of force, violence and intimidation, did willfully, unlawfully and feloniously have carnal knowledge of Catherine Vicente y Rance (private complainant-victim), without her consent and against her will.
Upon arraignment, the accused, assisted by counsel, pleaded not guilty.

Stipulations and pre-trial

At the pre-trial conference on September 22, 1998, the parties stipulated that there was no amorous relationship between the victim and the accused.
Trial ensued.

Prosecution evidence

The prosecution presented the victim and police officers SPO4 Lilia Hogar, SPO2 Rolando Escalante, and the doctor Dr. Armie Soreta Umil.
The victim’s personal background

The victim was 22 years old when the incident occurred.
She had been married for four years and had two children aged three and one and 12 years old.

The victim’s employment and the night of the incident

She worked as a guest relations officer (GRO) at the Starlight Disco in Pasig Rotonda.
On August 21, 1998 at about 3:00 a.m., she left her workplace in Pasig and went home to Swan, Taguig.
She arrived home at about 3:30 a.m. and searched for her husband Christopher Vicente, who had earlier promised to fetch her.

The accused’s conduct when the victim sought her husband

When the victim looked for her husband, she saw the accused.
The accused told her that her husband was with another woman at the husband’s residence at Talipapa, South Pembo, Makati.
Because the accused looked familiar, she walked with him to South Pembo to look for her husband.

The route and changing statements about the husband’s location

Upon arriving at Talipapa, the victim asked the accused to look for her husband.
The accused went into the looban and returned about five minutes later wearing a different set of clothes.
When the victim asked again about her husband, the accused told her her husband was at Blubus (Lobos) St., Barangay Rizal.
The victim became somewhat mad but continued because she was only seeking his help.
The victim and accused boarded a tricycle and proceeded to Blubus (Lobos) St.

The assault at the hill and the use of an ice-pick

After alighting, they walked along C-5 toward Palar St.
The accused pointed to a house on top of a hill and told the victim it was his mother’s house and that her husband was there with a woman.
They climbed the hill and approached the house.
The victim insisted that the accused call her husband.
The accused suddenly became angry and told her she was eskandalosa and ang ingay-ingay, then wrapped his arm around her neck.
Using his right hand, the accused poked an ice-pick at her right side.
The victim tried to plead but could not open her mouth because it was covered by his left hand.
The accused dragged her about half a kilometer to a dark, grassy place (talahiban) where the soil was wet.
While poking the ice-pick at her, the accused told her that it would be easy to kill her because he had been jailed several times before.
The victim was wearing a white sleeveless T-shirt and brown tights.
The accused ordered her to undress and lie down.
When she pleaded and stated she had a caesarian operation, the accused continued.
The victim was crying.
The accused knelt down and pulled down her pants and panty.
The accused stood up, removed his short pants, and warned the victim not to stand up otherwise he would kill her.
Despite her pleas, the accused again poked the ice-pick at her right side.
The accused placed himself on top of her, separated her legs, and inserted his penis into her vagina.
The victim struggled while crying and pleading.
About ten to 15 minutes later, the accused stood up.

After the rape and victim’s escape

The accused ordered the victim to put on her clothes.
The victim begged to spare her life because she had children.
The accused left her for a while to get something.
The victim found the chance to escape.

Seeking assistance from a couple and reporting to authorities

The victim’s escape path included going straight to C-5 and turning left at Falcon St.
She saw a man with his wife outside their house.
She sought their help.
The couple led her inside their house, gave her water, and allowed her to stay until 7:00 a.m.
The couple called the barangay captain, who brought the victim home.
On August 22, 1998, the victim reported the incident to the police.

Police investigation and medico-legal examination request

SPO4 Lilia Hogar of the Women’s and Children’s Desk Unit of the Makati Police Station investigated.
After investigation, she recommended the filing of the case with the Assistant Prosecutors Office.
A request for NBI Medico Legal Examination was made.

Doctor’s findings

At the NBI, the victim was examined by Dr. Armie Soreta Umil, who made a Medico-Legal Report marked as Exhibit G.
The report’s pertinent findings on genital examination included:

Pubic hair fully grown, moderate.
Labia majora and minora gaping.
Fourchette lax.
Vestibular mucosa pinkish.
Hymen reduced to carunculae myrtiformis.
Hymenal orifice admitted a tube 3.0 cms. in diameter.
Vaginal walls lax.
Rugosities obliterated.

The report’s conclusions included:

No evident sign of extragenital physical injuries noted on the body at the time of examination.
Hymen reduced to carunculae myrtiformis.

Defense evidence

The defense presented only the accused-appellant.
The defense consist...(Subscriber-Only)

Issues:

Whether the evidence satisfied the proof beyond reasonable doubt requirement for conviction of rape

Whether the trial court erred in finding the accused guilty beyond reasonable doubt in light of alleged inconsistencies between the victim’s narration and the medico-legal report.
Whether the absence of external physical injuries negated the victim’s testimony given that the victim allegedly described being dragged for about half a kilometer.
Whether the medico-legal report’s lack of hymenal laceration and lack of documentary evidence of semenology or ejaculation defeated the victim’s claim of penetration and ejaculation.
Whether the absence of testimony from the couple who allegedly assisted the victim after the incident created reasonable doubt.

Whether the penalty should be affected by the nature of the weapon used

Whether the use of a deadly weapon (ice-pick) warranted the penalty structure under the Anti-Rape Law of 1997 and whether the...(Subscriber-Only)

Ruling:

(Subscriber-Only)

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