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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Case Overview
- The case involves an appeal from the Regional Trial Court (Branch 79), Morong, Rizal, which found Josue B. Dela Torre guilty of rape and sentenced him to reclusion perpetua.
- The incident occurred on November 5, 1989, in Teresa, Rizal, where Dela Torre was accused of forcibly having carnal knowledge of Marita Cordova against her will.
Facts of the Case
- Marita Cordova, a 35-year-old married woman, was employed as a cook at La Fiesta Farm, where both she and the accused worked.
- On the night of November 5, 1989, while Marita was cooking with her five children present, Dela Torre, armed with a knife and a bolo, forcibly took Marita from the kitchen to a nearby house under construction.
- Marita’s children attempted to follow but stopped when threatened by Dela Torre.
- Witnesses, including Anthony Inocencio, corroborated Marita's account of the incident, stating that they saw Dela Torre threatening her with weapons.
Testimony of the Victim
- Marita testified that Dela Torre dragged her outside, threatened her life, and raped her while holding a knife to her throat.
- During the assault, she was unable to resist due to the fear induced by the weapon and the physical control exerted by Dela Torre.
- After the assault, Marita immediately informed Inocencio and subsequently her employer and husband about the incident.
Witness Testimonies
- Melanie Cordova, Marita’s 10-year-old daughter, testif