Case Summary (G.R. No. 2317)
Charges and Trial
Marcos Abuyan was charged with two counts of rape in two separate informations filed on March 5, 1984. The specifics of the charges indicated that the accused used force, threats, and intimidation with a kitchen knife to engage in sexual acts with a minor, Gelen Udarbe, who was 13 years old at the time of the incidents. After pleading not guilty during arraignment on May 8, 1984, Abuyan was found guilty of both counts of rape by the trial court on February 11, 1990, and consequently sentenced to reclusion perpetua, along with financial indemnities to the victim.
Errors Alleged by the Defense
In his appeal, Abuyan contested the trial court's judgment on multiple grounds:
- He claimed the court erred in favoring Udarbe's testimony while disregarding his own.
- He contested the findings that rape had occurred on both alleged dates through the use of force and intimidation.
- He asserted that the trial court's conclusion of his guilt beyond reasonable doubt was erroneous.
Background of Events
The facts leading to the trial revealed a close familial relationship between the complainant and the accused, as both were cousins. Having been brought to the Pedrera household in Makati to continue her studies, Gelen Udarbe experienced the alleged assaults while left alone with Abuyan, as the Pedrera couple was away tending to a sick child. The series of events on both days, November 1 and November 16, 1983, included detailed accounts of the assaults, with Gelen narrating the threats made by Abuyan and the violence she endured.
Testimony and Credibility
The centrality of Udarbe's testimony became a focal point in the appeal. The trial court found her statements credible despite the defense’s claims of implausibility and inconsistencies. The court reasoned that minor discrepancies in her narrative did not detract significantly from her credibility as a witness, particularly given the traumatic nature of the events she described. The court also noted that the victim's reactions post-assault reflected a common psychological response to trauma, particularly in a young individual.
Defense of Alibi
Abuyan's defense included an alibi, claiming he was elsewhere during the rapes. However, the court dismissed the alibi as unfounded, determining that it was not physically impossible for him to commit the acts. The testimony against Abuyan was bolstered by Udarbe’s clear identification of him as the assa
...continue readingCase Syllabus (G.R. No. 2317)
Case Background
- The accused-appellant, Marcos Abuyan, Jr., was charged with two counts of rape by private complainant Gelen Udarbe through separate informations filed on March 5, 1984.
- The incidents occurred on November 1 and November 16, 1983, in Makati, Metro Manila.
- The allegations stated that Abuyan used a kitchen knife to threaten and intimidate Udarbe, resulting in sexual intercourse against her will and consent.
Trial Proceedings
- During the arraignment on May 8, 1984, Abuyan pleaded not guilty to both charges.
- The trial court rendered a guilty verdict on February 11, 1990, finding Abuyan guilty beyond reasonable doubt of both counts of rape under Article 335 of the Revised Penal Code.
- The trial court sentenced Abuyan to reclusion perpetua for each case, ordered him to pay P30,000 to Udarbe as indemnity, and to pay the costs of the proceedings.
Errors Assigned by the Accused
- Abuyan appealed the trial court's decision, claiming the following errors:
- The court erred in believing Udarbe's testimony while disregarding his own.
- The court erred in concluding that rape was committed on the two stated dates using force and intimidation.
- The court erred in finding him guilty beyond reasonable doubt.
Facts of the Case
- Gelen Udarbe, the victim, is the first cousin of Abuyan, with significant age differences (12 years).
- In November 1983, they were staying at the residence of their aunt, Erlinda Pedrera, in Makati.
- Udarbe, aged 13, was living wi