G.R. No. 125080 - People vs. Lozano

Appellant and Accused: Temestocles Lozano, also known as Tommy, was charged with the crime of rape.
Victim: Lilia L. Montederamos, who later testified in court, was the complainant and the victim of the alleged crime.
Charges: The accused was charged under Art. 335 of the Revised Penal Code for rape, as contained in an Information dated October 24, 1990.
Procedural History: On February 29, 1996, the Regional Trial Court of Maasin, Southern Leyte, Branch 25, rendered a judgment convicting the accused of rape and ordering the payment of a civil indemnity of ₱50,000.

Incident occurred on August 29, 1990, in Barangay Ibarra, Maasin, Southern Leyte.
The events unfolded in the afternoon, with critical moments noted around 4:30 o’clock.

Lilia Montederamos was en route to buy rice at a neighboring barangay when she noticed the accused following her.
Fear prompted her to run, yet the accused caught up with her in a coconut plantation near Luding Bandibas.
The accused used physical intimidation by covering her mouth and poking a sharpened stick at her side while threatening her with death.
He forcibly escorted her to a banana plantation where, after ordering her to remove her clothes under threat of death, he committed sexual assault.
The assault involved multiple acts: initial forced intercourse, followed by repeated insertion after tying his penis with a banana fiber, and finally forcing the victim to perform fellatio.

A medical examination conducted by Dr. Evelyn Cabal noted physical injuries including swelling, hematoma on the right cheekbone, tenderness, and abrasions on the lumbar region.
The findings corroborated the victim's testimony regarding the use of physical force, including a strong punch and contact with stony ground.

Lilia immediately reported the incident; her father filed the complaint at the Maasin Police Station on the night of the incident.
The victim executed a sworn statement and underwent a physical examination on the following day.

The prosecution relied heavily on the detailed and consistent narration of the victim’s ordeal.
Testimonies included that of prosecution witness Aniceto Malasaga, who affirmed the victim’s account upon her arrival at her home.
The medical report further substantiated the claim of physical injury consistent with the victim’s testimony.

The accused presented an alibi alleging that he was at a store in Ibarra, Maasin, with friends and later at home with relatives.
He claimed a pre-existing relationship with the victim, asserting that they were sweethearts and that the sexual encounter was consensual.
The defense’s narrative was supported by testimony concerning earlier interactions, including meetings at a benefit dance and encounters at an elementary school premise.
However, the defense offered no independent witnesses or tangible evidence (e.g., love notes or photographs) to corroborate the claim of a consensual relationship.

Whether the prosecution established beyond reasonable doubt that Temestocles Lozano used force, intimidation, and violence to commit the act of rape.
Whether the victim’s testimony, supported by physical evidence, was credible and sufficient to identify the accused as the perpetrator.

Whether the victim’s detailed account of how the accused pursued, intimidated, and raped her should be given conclusive weight.
Whether the trial court erred in assessing the credibility of the victim’s testimony in light of the defense’s alibi and claims of a consensual relationship.

Whether the defense’s claim that the accused and the victim were sweethearts could negate or mitigate the charge of rape despite evidence of force and intimidation.

Whether, in addition to the civil indemnity of ₱50,000, the victim should be awarded moral and exemplary damages given the aggravating circumstance of ignominy.
Whether the modification of the award from merely the civil indemnity to an increased total sum (₱125,000) was warranted based on the nature and circumstances of the crime.