G.R. No. 116128 - Allied Banking Corp. vs. National Labor Relations Commission

Background of the Case
The case involves the People of the Philippines versus Domnino G. Grefiel, where the accused-appellant was charged with the complex crime of forcible abduction with rape.
The incident occurred in the early morning hours of September 19, 1982, in the municipality of Lawa-an, Eastern Samar, with events beginning around 2:00 a.m.

The Commission of the Crime
The accused-appellant allegedly broke into the residence of Marcela R. Torlao by forcing entry through the front door of her modest home.
Upon entry, he entered the family’s bedroom where sleeping family members were present, immediately using a flashlight and claiming to be a “mayor ng sundalo” (head of soldiers).
He forcibly grabbed the victim’s right hand, pulling her from her bed and abducting her against her will.
As the victim’s husband attempted to intervene, the accused-appellant prevented him from rising by stepping on his shoulder.
The apprehension of the victim’s children and the presence of family members underscored the aggressive and intimidating nature of the act.

The Nature and Details of the Assault
The victim, Marcela Torlao, was forcibly dragged toward the Lawa-an Elementary School where the accused led her into an isolated room.
Once inside the school building, the accused-appellant ordered her to sit on a table and systematically undressed her.
Despite the victim’s pleas of mercy—especially noting her four-month pregnancy—the accused continued to sexually assault her.
The assault entailed both vaginal intercourse and anal penetration; later, he attempted to compel her into performing fellatio before he fell asleep.
The victim, gathering the courage to escape, managed to dress and report the incident to Barangay Captain Pamfilo Inciso, prompting police investigation.

Evidentiary Proceedings and Medical Examination
The evidence against the accused-appellant was largely based on the testimony of the complainant and several law enforcement witnesses, including Patrolman Estanislao Gamalo, Barangay Captain Inciso, Station Commander Francisco Gavan, and an investigating judge.
A medical examination was conducted by Dr. Catalina Camenforte, who documented specific findings in a “Living Case Report”:

Evidence of lacerations and trauma on the victim’s hymenal area and vaginal canal, although not all standard signs of acute trauma were present.
Microscopic examination revealed the presence of immobile (likely dead) sperms, which later became a point of contention in the defense’s argument.

The medical report also noted that the physical virginity of the victim had been lost, correlating with the occurrence of the sexual assault.
Shortly after the incident, the victim suffered a miscarriage, underscoring the immense toll of the assault on her physical and emotional well-being.

Proceedings Leading to Trial
On the day following the incident, sworn statements were taken from the victim and her husband, which were presented in subsequent legal proceedings.
A criminal complaint for forcible abduction with rape was filed, and following a preliminary investigation conducted by Municipal Circuit Judge Enrique Garado, a warrant was issued for the accused’s arrest.
The case was elevated from the Municipal Circuit Court to the Court of First Instance in Guiuan, Eastern Samar as Criminal Case No. 801.
Acting 2nd Assistant Provincial Fiscal Roberto A. Navidad filed an Information charging the accused-appellant, which was later amended to include explicit charges of rape with the aggravating circumstances of nighttime and craft.
During trial, the prosecution presented its evidence and witnesses, while the defense initially moved to file a demurrer to evidence. The motion was granted a period for filing but was later withdrawn, after which the accused testified in his own behalf.
The accused-appellant presented an alternate narrative alleging a mutual, consensual relationship with the victim, claiming that their encounter was prearranged and voluntary; this version was later described by the trial court as a “fantastic fallacy.”

Additional Circumstantial and Physical Evidence
A pisaw (a small, sharp bolo) was recovered at the scene, which the prosecution argued could have been the deadly weapon, although the complainant’s testimony never confirmed the presence of a pistol.
The recovered weapon and the timing of the offense (at 2:00 a.m.) were cited as aggravating factors that contributed to both the commission of the crime and the victim’s inability to resist effectively.

Aftermath and Appeal
The trial court found the accused-appellant guilty of the complex crime of forcible abduction with rape, sentencing him to reclusion perpetua.
In addition to the incarceration, the court ordered him to indemnify the victim and to pay additional costs, which were later modified on appeal to increase indemnity and impose exemplary damages due to the aggravating circumstances and the gravity of his actions.
On appeal, the accused did not seek complete acquittal but rather a modification of the conviction to the lesser offense of forcible abduction; however, the appellate court affirmed the original conviction on the more serious charge.

Whether the evidence presented by the prosecution established beyond reasonable doubt that forcible abduction with rape was committed by the accused-appellant.
Whether the accused’s version—asserting a consensual relationship arranged by the victim—was credible and sufficiently supported by the evidence.
Whether the absence of overt physical resistance by the complainant negates the element of rape, given the psychological and physical intimidation she was subjected to.
Whether the aggravated circumstances (the use of nighttime and the setting of the victim’s dwelling) should have been taken into account during sentencing and in determining the gravity of the offense.
Whether the recovery of the pisaw and its interpretation as a deadly weapon was substantiated by reliable evidence.