G.R. No. L-2798 - People vs. Gaspar

Accused-appellant, Dionisio Lozano, was charged with raping his twelve-year-old neighbor, Cynthia L. Lardizabal.
The Information alleged that on August 29, 1993, in Tagudin, Ilocos Sur, the accused "wilfully, unlawfully and feloniously" had carnal knowledge of the victim by means of force and intimidation, against her will and consent.
The narrative emphasized that although Cynthia was twelve years old, the case required the prosecution to prove the element of force or intimidation.

At approximately 7:00 in the morning on August 29, 1993, Cynthia, while still asleep, discovered the accused-appellant on top of her.
The accused threatened her with his purportedly armed presence, warning that he would kill her family if she shouted.
Cynthia complied with his demand due to fear, remaining silent despite the assault.
After satisfying his sexual desire, the accused left the scene, further threatening to kill her entire family if she disclosed the incident.
In the immediate aftermath, Cynthia went to wash her bloodstained panties, drawing the attention of her grandparents who, upon seeing her distress and the evidence of blood in the water, inquired about the incident.

On September 8, 1993, Dr. Maria May Grace Doromal examined Cynthia at the Baguio General Hospital.
The examination revealed:

The forensic report contributed to establishing the physical outcome of the assault even in the absence of fresh injuries or the presence of spermatozoa.

Cynthia recounted that the accused inserted his middle finger and then his penis into her vagina.
Described experiencing pain and fear due to his threats, which she admitted prevented her from crying out.

Cynthia’s granduncle testified that he observed the accused putting on his briefs with his penis still erect shortly after the assault.
He also noted witnessing Cynthia crying and uttering expressions indicative of pain.

Denial – The accused denied committing the rape.
Alibi – He claimed he was shoveling gravel and sand along the seashore in Ligtong, Tagudin between 5:00 and 8:00 in the morning.
He further argued that the lower court disregarded his alibi and denial.

P50,000.00 for the crime committed against the victim (civil indemnity).
P50,000.00 as moral damages.
An additional P50,000.00 for the counsel of the victim, which was later challenged.

Whether the lower court erred in dismissing the accused-appellant's defenses of denial and alibi.
Whether the conviction should have been based on what was perceived as highly extraordinary or “defiant of human experience” testimonies provided by the prosecution witnesses.

The legal validity and weight of the accused’s denial and alibi, particularly given that the alleged alibi location was within the same municipality as the victim’s residence.
Whether the absence of fresh hymenal lacerations or spermatozoa negates the occurrence of rape, considering the forensic evidence provided.

Whether the trial court was correct in imposing reclusion perpetua as the suitable penalty for the crime of rape.
The legitimacy of awarding an additional monetary compensation for “counsel of victim” given its lack of legal basis.