Case Digest (G.R. No. 97475-76)
Facts:
People of the Philippines v. Dioscoro Villamayor y Ocampo @ Jessie, G.R. Nos. 97475–76, July 18, 1991, Supreme Court Second Division, Paras, J., writing for the Court.The accused-appellant, Dioscoro Villamayor y Ocampo (alias Jessie), was charged in two informations: Criminal Case No. IR-515 for Grave Threats and Criminal Case No. IR-530 for Rape, both dated May 11, 1976. The rape information alleged that on or about November 11, 1975, at about 5:00 p.m., inside a fire-escape enclosure of Jorge L. Ong Hardware in Iriga City, Villamayor, allegedly armed with a knife, by force, violence and intimidation had carnal knowledge of the complainant Aurea N. Nadal, then a girl of 13 years. The grave threats information alleged repeated threats to kill Aurea if she did not pay, extorting a total of P100.00 during October–November 1975.
Upon arraignment Villamayor pleaded not guilty to both charges. At trial the prosecution presented Aurea (the victim), Dr. Loreto G. Leonido (examining physician), Police Officer Roberto Basinal (investigator), and Aurea’s mother Rosa Nadal, among others. Aurea testified to repeated extortion episodes and narrated that on November 11, 1975 Villamayor led her to a room behind Jorge Ong’s building, threatened her with a knife, forcibly exposed and inserted his penis into her vagina, causing pain and bleeding; she identified Villamayor in custody. Dr. Leonido testified to healed lacerations of the hymen and findings consistent with prior sexual intercourse; the investigators recounted an entrapment operation using marked bills which led to Villamayor’s arrest and the recovery of marked notes.
The defense offered witnesses asserting alibi and fabrication: an NBI polygraph examiner (Teresa L. Logan) testified that Villamayor registered truthful reactions on a polygraph; Jose Dipaculang and Atty. Casiano Olaso gave evidence that on November 18, 1975 Villamayor was engaged in motorcycle registration matters and not at the scene; Ernesto Noble testified to having worked for Villamayor on November 11–12 in Buhi; Villamayor himself denied knowing Aurea before November 18, denied extortion and rape, and claimed Aurea put money in his pocket and he was immediately arrested.
The Regional Trial Court, Branch 36, Iriga City (decision penned by Judge Ulysses V. Salvador), found Villamayor guilty of Grave Threats and Rape, sentencing him to prision correccional to prision mayor for the former and to reclusion perpetua for the latter, and ordering costs. On appeal the Court of Appeals affirmed the conviction but modified the award of damages and indemnity to P30,000.00 in favor of the victim. Because reclusion perpetua was imposed, the Court of Appeals certified the case and elevated the records to the Supreme Court under Section 13, last paragraph, Rule 124, 1985 Rules on Criminal Procedure (cert...(Subscriber-Only)
Issues:
- May a judge who did not personally hear the witnesses render judgment based on complete stenographic transcripts?
- Was the conviction for rape (and grave threats) supported by proof beyond reasonable doubt, particularly in light of the complainant’s uncorroborated testimony and the medical evidence?
- Do the asserted defenses and circumstances (alibi, polygraph results, alleged entrapment/frame-up, and alleged inconsistencies) create reasonable doub...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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