Case Digest (G.R. No. 91261)
Facts:
People of the Philippines v. Rey Francis Yap Tongson @ Rey, G.R. No. 91261, February 19, 1991, Supreme Court First Division, Grino-Aquino, J., writing for the Court. The accused-appellant is Rey Francis Yap Tongson; the plaintiff-appellee is the People of the Philippines.On the evening of May 21, 1987, 13-year-old Glenda Laplana left Emerenciana Aberasturi’s house in Malitbog, Southern Leyte and was accosted by the accused, who forcibly dragged her to the seashore, immersed her in knee-deep water, gagged and struck her, removed her panty, digitally assaulted her, and then had sexual intercourse with her. After the assault the accused threatened to kill her if she spoke. The victim escaped, sought her aunt Estela’s help, and was taken to the police station and to the hospital that same evening. The medico-legal examination by Dr. Leonardo S. Gimeno disclosed multiple contusions, a first-degree laceration of the vaginal orifice with blood on the panty and vaginal orifice, and traces of sand and grass in the vaginal canal; no spermatozoa were found.
An information based on the complaint was filed with the Regional Trial Court (RTC), Maasin, Southern Leyte, Branch 25, as Criminal Case No. 1178 on June 30, 1987. After trial the RTC convicted Tongson of rape beyond reasonable doubt, sentenced him to reclusion perpetua, ordered i...(Subscriber-Only)
Issues:
- Did the trial court err in crediting the prosecution’s evidence over the defense’s account (a challenge to the RTC’s credibility findings)?
- Did the prosecution prove beyond reasonable doubt that Tongson committed rape against Glenda Laplana?
- Was the award of damages to the victim appropriate, o...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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