Case Summary (G.R. No. 133385)
Incident Description
On June 12, 1995, when Maritess was nine years old, she was assaulted by Pablito while her mother was out. During an early morning incident, Pablito touched Maritess and eventually forcibly engaged in sexual intercourse with her, despite her pleas for him to stop. Following the assault, he threatened her to remain silent or face harm to her family.
Legal Proceedings
After sharing her experience with a cousin and subsequently with her father, Mario Collo, Maritess underwent a medical examination. The medical report indicated an old healed hymenal laceration, supporting claims of prior sexual conduct. As a result of these findings, Pablito was charged with rape under Criminal Case No. 9615-B in the Regional Trial Court of Biñan.
Trial Court’s Judgment
The trial court found Pablito guilty beyond a reasonable doubt, acknowledging the sexual assault and the use of force and intimidation. He was sentenced to reclusion perpetua and required to pay Maritess moral damages amounting to ₱50,000.
Appeal and Legal Arguments
Pablito appealed, asserting that the prosecution did not prove his guilt beyond reasonable doubt. However, the court examined the victim's testimony alongside the medical evidence and concluded that the elements of force and intimidation were sufficiently established. The court found that physical resistance was not necessary given the circumstances and the victim's fear of the accused's threats.
Analysis of Evidence
Maritess’s detailed and consistent testimony was deemed credible and corroborated by the medical findings. The absence of fresh lacerations on her hymen did not negate the occurrence of rape, as the victim's previous sexual history was confirmed by the medical professional. The court reiterated that denial and claims of love by the accused could not override the compelling evidence of guilt.
Failure in Allegations and Final Considerations
The court noted that the lower court had mistakenly considered the relationship between the accused and the victim as an aggravating circumstance when such detail
...continue readingCase Syllabus (G.R. No. 133385)
Case Background
- The case revolves around the rape of Maritess Collo, who was born on October 8, 1983, in Biñan, Laguna, and lived with her parents and siblings in a shanty in Sta. Rosa, Laguna.
- Evelina Punzalan, Maritess's mother, engaged in an illicit relationship with the accused-appellant, Pablito Delos Reyes, leading to her husband, Mario Collo, abandoning the family.
- Pablito moved into Evelina's house when Maritess was just nine years old, and Maritess came to view him as a stepfather, addressing him as "Kuya Ambo."
The Incident
- On June 12, 1995, at approximately 4:00 AM, Maritess was asleep in the living room while her mother was away at the market.
- Pablito allegedly touched Maritess's thighs while she was asleep, and despite her attempts to resist, he overpowered her.
- He forcibly kissed her, mounted her, fondled her, and removed her clothing before raping her.
- Maritess pleaded for Pablito to stop, expressing her discomfort and fear, but he continued, threatening her life and that of her family if she reported the incident.
Medical Examination and Report
- Following the incident, Maritess confided in her cousin, Eya, who informed her brother, Rey. Eventually, Maritess's father, Mario, took her for a medical examination.
- Dr. Soledad Rosanna Cunanan examined Maritess and issued a medical certificate indicating the presence of an old healed hymenal laceration, suggesting prior sexual activity.
Charges and Trial
- Pablito was charged with rape under Criminal Case No. 9615-B, with the Information detailing that he engaged in sexual intercourse with M