Case Summary (G.R. No. 195307)
Factual Background
The events unfolded after a night of drinking involving the appellant and AAA's brothers, CCC and DDD. While the group drank outside their home, AAA, who had been temporarily living in a small room, went to bed around 1:00 a.m. At approximately 3:00 a.m., following a viewing of a pornographic movie by the men, the appellant approached AAA while she was asleep, threatened her, and engaged in non-consensual sexual intercourse with her. This incident was reported later on the same day after AAA's initial reluctance to speak due to fear.
Criminal Proceedings
An Information was filed against the appellant, alleging that he unlawfully had carnal knowledge of AAA through force, threat, or intimidation. The Regional Trial Court (RTC) found the appellant guilty of rape and sentenced him to Reclusion Perpetua, alongside monetary indemnification to the complainant. The appellant's conviction was subsequently affirmed by the Court of Appeals (CA), prompting the appeal at hand.
Appellant’s Argument
In his appeal, the appellant contended that the prosecution lacked sufficient evidence to establish his guilt beyond a reasonable doubt. He argued that the sexual encounter was consensual, asserting that AAA could have called for help as her brother was present in the room during the alleged assault.
Reevaluation of Evidence
In reviewing the case, the Supreme Court emphasized that the credibility of the complainant's testimony is of paramount importance in rape cases. While acknowledging the difficulty of proving rape, the court noted that the testimony given by AAA raised significant doubts about the alleged coercion. Her inability to resist, lack of immediate action post-incident, and the absence of physical evidence supporting a violent encounter were critical factors.
Credibility Concerns
The court scrutinized AAA's testimony, particularly the claim that she was threatened with death for making noise and the subsequent inaction. The unique circumstances of her behavior after the alleged rap, such as attending mass with the alleged perpetrator, further undermined the credibility of her account.
Conclusion and Acquittal
Ultimately, the Supreme Court acquitted the appellant on the basi
...continue readingCase Syllabus (G.R. No. 195307)
Case Background
- This case involves an appeal from the Decision dated May 12, 2010, of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 03494.
- The appeal contests the decision of the Regional Trial Court (RTC) of Makati City, Branch 148, which found appellant Alsher Bermejo y Lumpayao guilty beyond reasonable doubt of the crime of Rape under Article 266-A of the Revised Penal Code.
- The appellant was sentenced to Reclusion Perpetua and ordered to pay ₱50,000.00 as indemnity and ₱50,000.00 for moral damages.
Antecedent Facts
- The private complainant, referred to as AAA, is a 20-year-old single and unemployed woman residing temporarily in Makati City.
- AAA and the appellant, a construction worker and her neighbor from Misamis Occidental, lived together with AAA's brothers and cousin in a small room.
- On November 3, 2007, AAA stayed in the house while the appellant, CCC, and DDD engaged in a drinking spree outside.
- At approximately 1:00 a.m., AAA went to bed while the others finished drinking and later entered the house.
- Around 3:00 a.m., the appellant approached AAA while she was asleep, kissed her, and threatened to kill her if she made noise, leading to the alleged rape.
Incident Details
- The appellant undressed AAA, kissed her, and forcibly penetrated her for about 15 minutes while AAA cried and was unable to resist.
- After the incident, the appellant reportedly offered to marry AAA.
- AAA did not immediately report the incident out of fear and later confided in her cousin DDD, which led to a report at the barangay hall and subsequently to th