Case Summary (G.R. No. 117737)
Charges and Allegations
Cervantes was charged with the crime of rape under Article 335 of the Revised Penal Code based on a complaint lodged by Rosalyn Salvador. The information detailed that, armed with a knife, he threatened Rosalyn while committing sexual intercourse against her will on multiple occasions during June 1991. The prosecution presented a structured narrative of the events, asserting that Cervantes used intimidation and threats to perpetrate the acts.
Testimonies and Evidence
Rosalyn Salvador testified about the circumstances surrounding the assaults, which occurred when she was alone at home. After giving Cervantes water, he entered her home and subsequently forced her into the comfort room. Despite her physical resistance and emotional distress, reflected in her tears during testimony, Cervantes proceeded to assault her. The victim detailed how he threatened her life and that of her family to ensure her silence. Additionally, a medico-legal examination by Dr. Ruperto Sombilon revealed old-healed hymenal lacerations consistent with sexual assault.
Defense and Claims
In his defense, Cervantes contended that any sexual interaction was consensual, claiming a romantic relationship with the victim. This argument included an assertion of mutual desire, which the court found unconvincing. The court noted the implausibility of consensual relations given the context of hints at a long-standing landlord-tenant relationship rather than a romantic involvement.
Trial Court's Decision
On September 5, 1994, the trial court convicted Cervantes of rape, imposing a sentence of reclusion perpetua. The court's findings emphasized that the evidence provided by the victim was credible, particularly given her emotional demeanor during the testimony. Moreover, it acknowledged the impact of threat and fear on the victim's decision to delay reporting the assaults.
Appellate Court Review
In appealing the trial court's decision, Cervantes argued that the conviction was contrary to the facts and the law. The appellate court recognized that it needed to afford due respect to the trial court’s findings, particularly as it was privy to the witness's demeanor during testimony. The court proactively dismissed Cervantes's claims of a romantic relationship and any inconsistencies due to the victim’s delay in reporting. The appellate court referenced established jurisprudence indicating that such delays are common in cases involving threats of violence against the victim or her family.
Damages and Fi
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Case Background
- The case involves an appeal by Nemecio B. Cervantes against the judgment of the Regional Trial Court of Pasay City, which convicted him of the rape of a 16-year-old girl, Rosalyn M. Salvador.
- The information charged Cervantes with committing rape in June 1991 in Pasay City, armed with a knife, threatening Salvador to engage in sexual intercourse against her will.
Prosecution's Evidence
- Rosalyn Salvador testified that on the evening of June 1991, she was alone at home when Cervantes, who had been renting part of the house for over six years, knocked on the door asking for water.
- After opening the door to give him water, Cervantes forcibly entered the house, dragged Salvador to the comfort room, and began kissing and assaulting her despite her crying and resisting.
- Under threat of a knife poked to her throat, Salvador was coerced into removing her clothing, after which Cervantes raped her, causing her physical pain.
- Following the assault, Cervantes warned Salvador not to disclose the incident, threatening to kill her and her brothers if she did.
- Salvador reported the incidents to her relatives and later to the NBI, where she provided a sworn statement.
- Medical testimony confirmed old-healed hymenal