Title
People vs. Dela Torre
Case
G.R. No. 98431
Decision Date
Jan 15, 2002
Marita Cordova was raped by Josue Dela Torre at La Fiesta Farm, Nov. 5, 1989. Josue claimed consensual sex, lacking proof. Court found him guilty, affirmed ruling, awarded damages.

Case Summary (G.R. No. 98431)

Criminal Charges and Arraignment

The Information filed charged Josue Dela Torre with the crime of rape, stating that he unlawfully had carnal knowledge of Marita Cordova against her will by means of violence and intimidation. Upon arraignment, Dela Torre pleaded not guilty to the charge.

Trial and Prosecution Evidence

The prosecution presented three witnesses during the trial: Marita Cordova, Anthony Inocencio, and Melanie Cordova, Marita's 10-year-old daughter. Marita testified that on the night of the incident, while she was cooking with her children, Dela Torre appeared with a knife and a bolo, forcibly took her outside to a nearby house under construction, and assaulted her. Her children, who attempted to follow, were too frightened to intervene.

Detailed Account of the Assault

Marita described the attack in harrowing detail, stating that Dela Torre threatened her with a knife, undressed her, and raped her while continuing to hold the weapon against her throat. She later confided in Anthony Inocencio about the assault, who assisted her in reporting the crime to the authorities.

Medical Examination and Findings

Following the incident, Marita underwent a medical examination conducted by Dr. Emmanuel Aranas, which confirmed that she was not a virgin physically. The examination revealed injuries that corroborated Marita's account of the attack, including abrasions on her fingers and legs, as well as spermatozoa present in vaginal smears.

Defense Testimony

The defense presented Josue Dela Torre’s testimony, wherein he acknowledged having sexual contact with Marita but claimed it was consensual, alleging that she was his mistress at the time. He recounted their prior relationship, which he claimed began in 1987. Nonetheless, the defense failed to provide credible evidence to substantiate the claim of consent beyond Dela Torre's own assertions.

Trial Court's Findings and Verdict

On January 28, 1991, the Regional Trial Court found Josue Dela Torre guilty of rape under Article 335 of the Revised Penal Code and sentenced him to reclusion perpetua. The court concluded that the prosecution had established the elements of rape, primarily given the lack of consent and the use of force and intimidation during the assault.

Appeal and Judicial Reasoning

In the appeal, Dela Torre contested the conviction on the basis of alleged errors by the trial court in determining the existence of consent. The appellate court thoroughly reviewed the evidence, affirming that Marita's clear and compelling testimony indicated the absence of consent, highlighting the influence of fear and intimidation due to Dela Torre’s use of a deadly weapon during the commission of the crime.

Observations on Aggravating Circumstances

The appellate court noted the presence of the aggravating circumstance of dwelling, given that the events unfolded in a place assessing safety for Marita. Such consideration was in line with jurisprudential principles wherein the victim’s home, or any dwelling she occupies, is safeguarded under the law, irrespective of ownership.

Sentencing and Civil Reparation

The cou

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