G.R. No. 239138 - People vs. Salazar y Granada

On or about February 24, 2013, in Pasig City, Joselito Salazar y Granada was charged with rape of a minor (known as AAA, aged 15).
The charge was based on the accusation that, by means of force, threat, and intimidation, Salazar unlawfully and feloniously had carnal knowledge of the victim without her consent.

AAA testified that on February 23, 2013, while at a fiesta in Barangay Kalawaan, she was invited by Salazar to accompany him under the pretext of meeting her boyfriend, Jimmy.
Upon arriving at Salazar’s house, he forcibly made her enter the house, closed the door, and used a metal object (described as approximately 4 inches long and 4 by 1 inch in dimension) to poke her waist, ordering her to lie down.
Despite her attempts to protest and resist, Salazar ordered quiet and escalated the assault by punching her in the abdomen to overcome her resistance.
Salazar then proceeded to remove her underwear and shorts, caress her breast, lick her vagina, and repeatedly insert his penis into her vagina despite her protests.
During the assault, the presence of a pair of scissors in the vicinity contributed to creating fear in AAA, even though the scissors were not directly used against her; their mere presence functioned as an element of intimidation.
A woman later knocked on the door at Salazar’s house; Salazar inquired about his brother’s whereabouts, and after a brief encounter, directed AAA to dress so they could leave, eventually taking her to the house of his cousin, Becka, who aided AAA by giving her money and helping her escape.

After escaping, AAA informed her uncle and mother about the incident, resulting in the filing of a blotter and the subsequent arrest of Salazar.
The Medico-Legal Report on AAA found a recent blunt force trauma to her genitalia with a shallow, healed laceration on her hymen’s 3 o’clock position; notably, no spermatozoa or external physical injuries were identified.
Salazar denied the allegations, asserting that AAA had planned to meet key individuals at another location and that he was with his wife and later engaged in a drinking spree, an alibi which was later contradicted by other defense witness testimonies.
Defense witnesses, including Emelia Roxas and Dexter Cabarles, contradicted Salazar’s version of events by testifying to his presence at different locations during the incident, thereby weakening his alibi.

The Regional Trial Court convicted Salazar of rape, finding that all elements under Article 266-A (rape by means of force, threat, or intimidation) and Article 266-B of the Revised Penal Code were present.
Salazar’s failure to present corroborative evidence, particularly omitting to call his brother Jimmy as a witness, and his bare denial contributed to the court’s finding of guilt.
The Court of Appeals affirmed the conviction, modifying the award for damages by increasing both civil indemnity and exemplary damages, and ultimately sending the case to a higher court on notice of appeal.

Whether AAA’s testimony, despite the absence of external physical injuries and fresh hymenal lacerations, is sufficiently credible to support the conviction for rape.
Whether the alleged lack of physical resistance by AAA can be considered indicative of consent or if it is consistent with the natural response of victims under severe intimidation.

Whether Salazar’s defense based on uncorroborated denial and inconsistent alibi could negate the positive and categorical testimony of the victim.
Whether the absence of corroborative evidence from Salazar’s side sufficiently undermines his version of events during the commission of the crime.