G.R. No. 121532 - People vs. Lacatan

Accused-appellant Rene Siao, together with Reylan Gimena, was charged before the Regional Trial Court (RTC) of Cebu City with rape committed on May 27, 1994, involving Estrella Raymundo, a 14-year-old minor.
Both accused pleaded not guilty; after trial, Rene Siao was convicted as principal by induction, while Gimena was acquitted.
The trial court’s decision imposed reclusion perpetua on Rene Siao and ordered him to indemnify Estrella Raymundo P50,000 as moral damages.

Estrella Raymundo and her cousin Joy worked as maids for the Siao family; Reylan Gimena was also a helper in the household.
On May 27, 1994, at around 3:00 p.m., in the Siao residence, Rene Siao ordered Gimena to pull Estrella to the women’s quarters.
Inside, Siao brandished a white pistol, used a candle and a bottle of Sprite to coerce Estrella, including dropping hot wax on her chest and pouring Sprite into her nostrils, causing dizziness.
Siao tied and untied her limbs with electric wire, forced her partial undressing, and threatened them at gunpoint.
Siao commanded Gimena to sexually abuse Estrella, who was forced to perform oral sex on Gimena, at gunpoint.
Gimena proceeded to rape Estrella in multiple positions (including lying down, side by side, and dog position), under threat of death by Siao who held a gun on both.
Estrella called for help; a door knock was heard but Siao ignored it.
Afterward, Siao ordered them to move to the boys’ room and warned them not to report or he would kill their mothers.
Estrella and Joy later left the Siao residence and reported the incident to an old man who took them to his house.
Police investigation led to Gimena’s arrest; Siao could not be located immediately.

Private complainant Estrella was caught stealing money and other items in the household.
Accused Gimena accused Estrella of theft multiple times; Estrella admitted to some theft and attempted to make reparations.
On the day in question, there was a barangay investigation into the thefts, during which Gimena confessed to tying up Estrella to force recovery of his wristwatch, but later untied her.
The barangay tanod and Barangay Captain investigated, and Gimena was taken into custody.
The accused denied that Rene Siao was present or involved in any rape incident.
Accused also alleged that the complainant’s father attempted to extort P1 million from the Siao family to drop the case.

The trial court found Estrella’s and Gimena’s testimonies credible and consistent in the central facts of the case.
Court ruled that the inconsistencies pointed out by accused-appellant were minor, immaterial, and did not affect the essential facts.
The court noted that Estrella was a 14-year-old naïve provincial girl incapable of fabricating such complex charges.
Gimena was acquitted for acting under uncontrollable fear.
Accused-appellant was convicted for rape as principal by induction under Article 17(2) of the Revised Penal Code.

The rape was committed after effectivity of R.A. No. 7659 (December 31, 1993), which amended Article 335 of the Revised Penal Code, providing for reclusion perpetua to death if a deadly weapon is used.
Although armed with a gun, the information did not allege the use of a deadly weapon; thus, the penalty imposed was reclusion perpetua.
The court noted the aggravating circumstance of ignominy since the rape was committed in different positions, including “dog position.”

Trial court ordered accused to pay P50,000 as indemnity.
The Supreme Court held that moral damages of P50,000 and exemplary damages of P20,000 should also be included given the aggravating circumstances.

Whether the accused-appellant Rene Siao is guilty of the crime of rape committed by inducing another to perform the sexual act.
Whether the inconsistencies in the testimonies of the prosecution witnesses are material enough to discredit their version of the incidents.
Whether the use of a deadly weapon was sufficiently proven and properly alleged to impose the higher penalty.
Whether the trial court erred in awarding damages only in the amount of P50,000 as indemnity and not including moral and exemplary damages.