G.R. No. 141782 - People vs. Flores

People of the Philippines charged Renato Flores a.k.a. “Atong” and Paterno Pareno a.k.a. “Patter” with rape through an Information in Criminal Case No. 6367-V-97.
Appellant Renato Flores a.k.a. “Atong” pleaded not guilty during arraignment.
Appellant’s co-accused Paterno Pareno a.k.a. “Patter” remained at large.
The Information alleged that on or about February 2, 1997, in Valenzuela, Metro Manila, and within the court’s jurisdiction, the accused, conspiring together and mutually helping one another, by means of force and intimidation, had sexual intercourse with Remedios Renoria y Bandojo against her will and without her consent.

On February 2, 1997, at about 9:00 p.m., Paterno Pareno arrived at Remedios Renoria’s house in Ulingan St., Lawang-Bato, Valenzuela.
Pareno asked Remedios to accompany him to a nipa hut about fifty (50) meters away; Remedios agreed because she knew Pareno.
Upon reaching the nipa hut, appellant was already inside, “obviously waiting.”
Pareno suddenly dragged Remedios inside the nipa hut.
Appellant and Pareno covered her mouth and removed her clothing.
Appellant removed Remedios’s underwear; both men then undressed themselves.
Remedios was made to lie on a wooden bed.
Appellant positioned himself on top of her and inserted his penis into her vagina.
Remedios experienced pain.
Appellant grasped her breasts.
Remedios could not cry out for help because both men covered her mouth.
After satisfying his lust, appellant left immediately; Remedios stood up, got dressed, and went home.

On April 24, 1997, Remedios went to see her uncle, Larry Frias, to report the incident.
Larry Frias told Remedios’s mother about the incident.
Remedios’s mother asked Larry Frias to do what was best for their daughter.
Because Remedios was only thirteen (13) years old at the time she was ravished, Larry Frias sought help at the Office of the Bantay Bata in Quezon City.
Larry Frias and Remedios were given referral letters to the Department of Social Welfare and Development (DSWD) and the National Bureau of Investigation (NBI).
On April 28, 1997, they went to the Valenzuela Police Station; PO2 Virginia Viacrusis took Remedios’s statement.
On April 29, 1997, they went to the NBI for medico-legal examination.
Dr. Armie Soreta-Umil, NBI medico-legal officer, conducted a physical examination and issued a medical report with the findings and conclusions:

No evident sign of extra-genital physical injuries were noted at the time of examination.
Hymen was intact but distensible, with an orifice wide (2.5 cms. in diameter) to allow complete penetration by an average-sized adult Filipino male organ in full erection without producing genital injury.

Appellant asserted that guilt was not proven beyond reasonable doubt.
Appellant claimed he was ordered by his father to get the father’s salary in Ulingan, Valenzuela City.
Appellant testified that Remedios was his girlfriend and that their marriage was being arranged by her mother and her uncle.
Appellant stated that Remedios’s mother invited him to sleep at their house on the night of the incident.
Appellant testified that he slept on the sofa together with Remedios.
Appellant claimed that the next morning, Remedios’s mother and Larry Frias summoned his parents.
Appellant testified that Remedios’s mother asked whether he ...(Subscriber-Only)

Whether the testimony of the thirteen-year-old victim, standing alone, sufficiently established appellant’s guilt for rape.
Whether the prosecution proved the element of force and intimidation required for rape.
Whether the victim’s lack of physical resistance negated force, intimidation, or consent.
Whether appellant’s “sweethearts theory” and alleged cohabitation created a reasonable doubt as to consent.
Whether the alleged inconsistenc...(Subscriber-Only)