G.R. No. 132216 - People vs. Torio

The case involves two criminal actions: rape (Criminal Case No. L-5516) and attempted rape (Criminal Case No. L-5517) committed by Salvador Torio, also known as "Adong".
The crimes were committed against Racquel Castro on two separate occasions – 7 July 1991 (rape) and 18 July 1996 (attempted rape).
The case was consolidated and jointly tried by the Regional Trial Court of Lingayen, Pangasinan, Branch 69, resulting in a conviction against the accused.

Racquel, then 13 years old, accompanied Salvador to Tonton, Lingayen, after selling shrimps.
They traveled to the Namolan River where Salvador had moored an "alang" (a bamboo raft with a hut).

Under the guise of fetching his lighter, Salvador sent Racquel into the small hut.
While she was inside, he unexpectedly embraced her from behind and threatened her by pointing a fan knife at her neck.

Salvador forced Racquel to lie down, removed her panty, and sexually assaulted her.
Following the act, he warned her not to disclose the incident, threatening that he would kill her if she did.
Although Racquel first reported the incident to her mother, Lydia, the disclosure was met with denial and indifference, intensifying her isolation and subsequent emotional distress.
Racquel eventually confided in other relatives, though she suffered in silence due to fear of retaliation from Salvador.

At about 9:00 p.m., while Racquel was walking home, Salvador emerged armed with a "balisong" from the bushes.
He grabbed Racquel, embraced her, and again threatened her with death if she resisted or cried out.
Salvador forced her to lie on the grass, began to remove her pants, and his overt acts demonstrated a clear intent to commit rape.
Racquel struggled and managed to shout for help, which drew the attention of two neighbors—Aurora Castro and Florentina Ausena—resulting in Salvador fleeing the scene.
Subsequent to the incident, Racquel described the assault to her uncles and aunt and later with the assistance of Barangay Captain Cesar Santiago, reported the matter to the police.
Medical examination later confirmed physical evidence consistent with sexual abuse.

Racquel’s testimony was supported by physical evidence (e.g., ruptured hymen with healed lacerations at multiple clock positions).
The testimonies of Aurora Castro and Florentina Ausena corroborated Racquel’s account of events during the 1996 incident.
Salvador claimed an alibi for the attempted rape incident, stating that he was watching television at his brother Jose's house, a claim supported by his sister-in-law and Racquel’s mother, Lydia.
Salvador denied involvement in the 1991 incident, alleging that Racquel had never been allowed by her mother to go to the “alang.”
The trial court found the victim’s testimony credible, while considering Salvador’s defense as flimsy and unsupported by corroborative evidence.

On 22 December 1997, the trial court convicted Salvador of rape (7 July 1991) and attempted rape (18 July 1996).
In Criminal Case No. L-5516 (rape):

Salvador was sentenced to Reclusion Perpetua.
He was ordered to pay moral and civil indemnity damages (P50,000 as indemnity ex delicto, in addition to moral damages of P50,000).

Salvador was sentenced to an indeterminate penalty ranging from two (2) years, four (4) months and one (1) day of prision correccional (minimum) to six (6) years and one (1) day of prision mayor (maximum).
On appeal, modifications were considered necessary regarding the maximum period, setting the upper limit within the medium sentence period of prision mayor.

Whether the five-year delay in Racquel’s full disclosure of the rape incident adversely affected the credibility of her testimony.
The argument that Racquel’s delay, influenced by fear and her mother’s indifference, undermined her account.

Salvador’s contention that it is impossible to commit rape inside the small hut ("alang").
Examination of whether the physical limitations of the venue could have prevented the assault.

The weight and consistency of Racquel’s testimony despite minor discrepancies under cross-examination.
How the court assessed her statements in light of corroborative evidence from witnesses and forensic findings.

Whether Salvador’s alibi, asserting that he was at his brother’s house during the 1996 incident, was sufficiently proven and established an impossibility of his presence at the crime scene.
The legal burden on the accused to demonstrate that his location made it physically impossible for him to commit the act.

The appraisal of the penalties especially in Criminal Case No. L-5517, considering the indeterminate sentence applicable under the Indeterminate Sentence Law.
Adjustments required in the maximum period of prision mayor to align with the medium sentence range.