G.R. No. 109396-97 - People vs. Oarga y Sison

Lorelie Trinidad, then not yet twelve years old, was repeatedly sexually assaulted by Romeo Oarga, her mother's live-in partner.
On May 20, 1990, while asleep in the home shared with her mother, siblings, and Oarga, the accused awoke her with a fan-knife (balisong) at his waist.
He ordered her to remove her clothes and panties while he simultaneously removed his trousers.
Oarga forced her to lie down on the cement floor and then proceeded to forcefully have carnal knowledge of her; during the act, he threatened her with the knife, bit her nipples, and kissed her neck and lips.
Despite her convulsive attempts to resist and plead for him to stop, the accused persisted in his assault and then instructed her to dress and return to sleep, warning her not to inform her mother.

A similar assault occurred on June 3, 1990, while Lorelie was watching television with her brother and sisters on the second floor.
Oarga summoned all the children downstairs; he ordered her siblings to return upstairs while he left Lorelie behind.
At around seven o’clock in the evening, with the lights off and her mother absent due to her work as a laundrywoman, the accused replicated the earlier assault.
Lorelie later discovered physical evidence of the assault, notably something sticky on her thigh that she wiped off.

Shortly after the incidents, Lorelie left her home and moved to Lumban, Laguna, only informing her mother by letter on December 1, 1990, about the repeated abuse and the threats made against her life by Oarga.
Upon learning of her ordeal, her mother, Josephine Trinidad, sought her out and brought her to a hospital where an examination confirmed that Lorelie was no longer a virgin and that there were vaginal lacerations.
Based on these findings and the victim’s account, two criminal complaints for rape (Criminal Cases Numbers SC-4340 and SC-4341) were filed on behalf of Lorelie by her mother before the Municipal Trial Court of Sta. Cruz, Laguna.

Romeo Oarga entered a plea of not guilty on both counts, leading to a joint trial on the two complaints.
On February 26, 1993, the Regional Trial Court, Sta. Cruz, Laguna, rendered a decision finding the accused guilty beyond reasonable doubt for both counts and sentenced him to reclusion perpetua in each case, along with the awarding of moral and exemplary damages to the victim and her mother.
Oarga appealed the decision, arguing that the trial court erred in giving preferential credence to Lorelie’s testimony and asserting that her failure to scream or call for help was inconsistent with expected behavior during an assault.
The defense contended that her testimony was not credible or in accord with human behavior under assault, and argued that any lack of overt resistance should mitigate the accused’s criminal liability.

Whether the trial court properly accorded superior credibility to the testimony of the minor victim, Lorelie Trinidad, despite her perceived lack of physical resistance during the assaults.
Whether the absence of a pronounced struggle or public outcry by the victim, considering her age and emotional state, is sufficient to negate the use of force or intimidation as elements in the crime of rape.
Whether the evidence, including the victim’s detailed narration and corroborative hospital findings, establishes the essential element of carnal knowledge under Article 335 of the Revised Penal Code.
Whether the trial court erred in its determination that mere sexual conjugation with a minor—regardless of the presence or absence of additional force—constituted rape beyond reasonable doubt, in light of the accused’s arguments.