Case Digest (G.R. No. 190632)
Facts:
In People of the Philippines vs. Manolito Lucena y Velasquez, alias “Machete” (G.R. No. 190632, February 26, 2014), the appellant, a barangay tanod volunteer in San Dionisio, Parañaque City, was charged in three Informations dated June 24, 2003 for three counts of rape of AAA, a 17-year-old minor, on April 28, 2003. The victim, walking with friends past curfew, was detained by two barangay tanods, one being the appellant, who ordered her onto a tricycle under threat of jail. Instead of returning her home, he diverted to Kabuboy Bridge, pointed a gun at her, ordered her to disrobe and lie down, and twice more after resting five minutes each time forced his penis into her vagina despite her pleas. He again threatened to kill her if she spoke. The next day, AAA reported the incident to a barangay kagawad, underwent a medico-legal examination documenting hymenal lacerations and petechiae consistent with forced penetration, and filed a sworn statement identifying the appellant by hisCase Digest (G.R. No. 190632)
Facts:
- Charges and Plea
- On June 24, 2003, three Informations were filed in Parañaque City alleging that Manolito Lucena y Velasquez, alias “Machete,” a Barangay Tanod Volunteer, willfully, unlawfully, and feloniously had carnal knowledge of AAA, a 17-year-old minor, on April 28, 2003, by means of force, threat or intimidation, and with the use of a gun.
- The appellant pleaded not guilty to all charges.
- Prosecution Evidence
- AAA’s testimony
- At around 11:30 p.m., while walking with friends along a street in San Dionisio, Parañaque City, two barangay tanods (including the appellant) stopped them for a curfew violation; her friends escaped, and she was forced into a waiting tricycle.
- Brought initially to the barangay hall, the appellant then diverted her to Kabuboy Bridge, threatened her with a gun, ordered her to undress and lie down, and forcibly inserted his penis into her vagina three separate times at five-minute intervals, each time pointing the gun and threatening to kill her if she resisted or reported the incident.
- After the third act, he dressed her and left her near a school, again threatening her silence.
- Medical Examination (Dr. Merle Tan, UP-PGH Child Protection Unit)
- Findings: Hymen Tanner Stage 3; healing and fresh lacerations at various “o’clock” positions with petechiae and ecchymoses; anal lacerations.
- Impression: Disclosure of sexual abuse; clear evidence of blunt force or penetrating trauma.
- Identification and Sworn Statement
- AAA executed a sworn statement at the Coastal Road Police Headquarters, identifying the appellant by his Barangay Police jacket and ID.
- Defense Evidence
- Stipulations by defense witness Rodel Corpuz
- Appellant was assigned barangay radio operator on April 28, 2003, and remained at the barangay hall from midnight to 5:00 a.m.;
- Corpuz was there until midnight, left, and returned at 2:00 a.m.; appellant was still present when Corpuz awoke at 5:00 a.m.
- Appellant’s Testimony
- Denied raping AAA or participating in her apprehension; claimed he ended duty at midnight and went home.
- Denied knowing AAA personally and denied driving the tricycle.
Issues:
- Did the prosecution fail to prove the element of force and intimidation in the commission of rape?
- If rape was committed, was the conviction for three counts proper, or should it have been a single count due to a single criminal intent?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)