G.R. No. 267093 - Romero vs. People

Mark Anthony Romero y Flores (Romero), petitioner, was charged with the special complex crime of kidnapping with rape under an Information dated July 26, 2019.
The complainant was AAA, a 16-year-old minor female.
The charge alleged that between 7:00 p.m. of July 24, 2019, and about 3:00 a.m. of July 25, 2019, Romero and an unidentified male (John Doe) forcibly abducted AAA by covering her mouth with a foul-smelling handkerchief causing her to lose consciousness and subsequently had carnal knowledge of her against her will and without consent.
An aggravating circumstance was invoked due to Romero's status as a recidivist, having been previously convicted of slight illegal detention.

Romero was identified as the accused and owner of the tricycle used.
The tricycle was the same one AAA boarded.
Romero had prior police pictures from earlier cases, including illegal detention with attempted rape.
On the date of the incident, Romero did not leave Catanduanes.
Romero lived near the xxxxxxxxxxx River.
The tricycle was plying around the area on the date.
Romero had been recently released from detention.

AAA finished cheer dance practice around 7:00 p.m. and boarded a yellow tricycle.
Romero exited to allow AAA to board and then sat beside her.
John Doe drove the tricycle.
Generally, AAA expected to alight at her home, but the tricycle accelerated instead at the corner before her house.
Romero grabbed her phone and covered her mouth and nose with a foul-smelling handkerchief; AAA lost consciousness.
Waking up at about 3:00 a.m., AAA was naked on a bamboo bench in a cottage beside the xxxxxxxxxxx River.
She found bloodstains on her underwear and empty gin bottles in the cottage.
She left the cottage after some time and eventually returned home by 7:00 a.m., reporting the incident to her family.
At the police station, AAA identified Romero in a rogues' gallery and the tricycle parked at Romero's house as the vehicle used.
Medical examination by Dr. Ruth Lizaso-Dy found hymenal lacerations and erythema indicative of sexual assault.

Romero denied all accusations.
Claimed he was with his girlfriend for most of the day at a friend’s house, went to buy medicine, and was dropped off at home by 11:00 p.m.
Brother Antonio testified to Romero's presence at home and his own assigned work schedule.
Romero expressed surprise at the police visit and denied knowledge of the crime.
Alleged manipulation of AAA’s identification by police officers.

Regional Trial Court (RTC) convicted Romero on October 15, 2020, for the complex crime of kidnapping with rape and sentenced him to reclusion perpetua without parole and awarded damages.
The Court of Appeals (CA), on November 2, 2022, modified the conviction to forcible abduction without convicting of rape due to lack of direct evidence and reasonable doubt as to which perpetrator raped AAA.
In the present petition, Romero seeks acquittal alleging failure of proof and unreliable identification.

Whether Romero may be found guilty of the crime charged.
The proper crime committed by Romero: kidnapping with rape, forcible abduction, or rape.
Whether forcible abduction is absorbed in rape when the primary intent is sexual violation.
Sufficiency of evidence, both direct and circumstantial, to prove rape and/or forcible abduction.