Case Summary (G.R. No. 202868)
Charges and Informations
Two Informations were filed: Criminal Case No. 99-511 charging rape by sexual assault under Article 266-A, par. 2 (insertion of penis into the mouth) committed with force, threat and intimidation using a deadly weapon (short firearm); and Criminal Case No. 99-512 charging rape by sexual intercourse under Article 266-A, par. 1 (through force, threat or intimidation) also committed with a deadly weapon. The accused pleaded not guilty.
Prosecution’s Narrative and Core Facts
The prosecution established that on January 26, 1999 Ana and her co-worker Susie shared a tricycle ride. Both recognized the driver; Ana saw his face and noted he wore a red polo shirt and maong pants. The driver allegedly drove past Ana’s house, stopped at a quarry claiming brake and fuel problems, and left Ana to walk home. While walking, Ana was followed by the same man, who then covered his face with a red shirt, was naked from the waist up, and held a gun. He chased, caught, covered her mouth, pointed the gun at her head, threatened to kill her, punched her, dragged her to a secluded place, forcibly undressed her, inserted his penis into her mouth (sexual assault), digitally penetrated her, and thereafter forcibly had sexual intercourse, causing pain, bleeding and other injuries. He threatened her afterwards, blindfolded her, and left; Ana later reported the incident to her mother and to Susie, and underwent a medical examination.
Medical Findings and Physical Evidence
The medical examination (January 28, 1999) documented multiple contusions, lacerations and abrasions: facial contusions and laceration from jaw to lower lip including a bite mark on the upper lip; contusions on the forehead and chest; fingernail marks on shoulder, wrist and back; lacerated labia, ruptured hymen, and presence of dead spermatozoa in the vagina. These findings corroborated the victim’s account of physical violence and sexual acts.
Identification and Post-Offense Events
Ana and Susie identified the tricycle driver at the time of boarding and later identified the accused at the police station despite changes in his appearance (haircut and shaved beard). Ana also recognized the assailant by his voice. The accused left Ubay soon after the incident and was apprehended in Pampanga in August 2003. The prosecution relied on both visual and auditory identification, plus the sequence of events that placed the accused in a vulnerable position to commit the crimes.
Accused’s Defense and Alibi
The accused admitted being a tricycle driver but claimed an alibi: he alleged being at home in Fatima, Ubay (1.12 kilometers from the crime scene) asleep by 6:00 p.m. after drinking in the market and waking the next morning around 8:00 a.m., denying involvement. He also explained his absence from the locale by stating the tricycle was used for the Ubay town fiesta and that he later left for Manila to work as a security guard, where he was eventually arrested.
Trial Court Findings and Sentencing
The Regional Trial Court (RTC) found the victim’s testimony credible, supported by medical evidence and circumstances such as the accused’s flight. The RTC convicted the accused of both rape by sexual assault (Crim. Case No. 99-511) and rape by sexual intercourse (Crim. Case No. 99-512), each with the use of a deadly weapon. Sentences imposed: for rape by sexual assault, an indeterminate sentence of 4 years and 2 months of prision correccional as minimum to 14 years, 8 months and 1 day of reclusion temporal as maximum; for rape by sexual intercourse, reclusion perpetua. The RTC awarded P50,000 civil indemnity and P50,000 moral damages in each case (Omnibus Decision dated September 21, 2007).
Court of Appeals Review and Modifications
The Court of Appeals affirmed the RTC’s convictions but modified the award of damages. It found the identification credible (illumination at boarding, flashlight use, recognition of clothing and voice) and held the victim’s behavior consistent with duress and compliance under threat. The CA awarded for Criminal Case No. 99-511: P30,000 civil indemnity, P30,000 moral damages, P30,000 exemplary damages; and for Criminal Case No. 99-512: P50,000 civil indemnity, P50,000 moral damages and P30,000 exemplary damages (Decision dated July 28, 2011).
Supreme Court Standards on Presumption of Innocence and Proof of Identity
Applying the 1987 Constitution (Article III, Section 14(2)), the Supreme Court reiterated that the presumption of innocence requires the prosecution to prove beyond reasonable doubt both the elements of the crime and the identity of the accused as the perpetrator. The Court emphasized the twofold review duty: (1) evaluate identification of accused as perpetrator considering witness credibility and compliance with legal standards, and (2) ascertain that all elements of the charged offenses were proven.
Supreme Court’s Analysis on Identity and Credibility
The Supreme Court affirmed the factual findings of the lower courts: both Ana and Susie positively identified the accused as the tricycle driver who later assaulted Ana. The Court stressed corroborative factors: illumination at the time of boarding, Susie’s flashlight enabling recognition of clothing, Ana’s recognition by voice at various points (during negotiation for ride, at the quarry when told the tricycle had no fuel, during the assault, and later at the police station). The Court found Ana’s testimony clear, categorical, consistent and credible; it rejected the accused’s contentions regarding failure to shout or resist as eroding credibility, explaining that the record established physical restraint, threats with a gun, and repeated violence that reasonably prevented effective resistance or call for help.
Legal Characterization of Offenses and Sentencing Rationale
The Court distinguished the two modes of rape under Article 266-A: rape by sexual intercourse (penile-vaginal carnal knowledge; offender male; higher penalty) and rape by sexual assault (insertion of penis into mouth or anal orifice, or insertion of instrument/object; offender may be male or female). It agreed with lower courts that both modes were committed: first sexual assault by oral penetration while pointing a gun and punching the vi
...continue readingCase Syllabus (G.R. No. 202868)
Nature of the Case and Procedural Posture
- Appeal from the Court of Appeals Decision dated July 28, 2011 in CA-G.R. CEB-CR-H.C. No. 000923, which denied the appellant Michael Espera’s appeal and affirmed, with modifications to damages, the Regional Trial Court (RTC) Omnibus Decision dated September 21, 2007 (RTC, Talibon, Bohol, Branch 52) in Criminal Case Nos. 99-511 and 99-512.
- RTC found appellant guilty of rape by sexual assault and rape by sexual intercourse and sentenced him accordingly; appellant appealed to the Court of Appeals and thereafter to the Supreme Court, adopting and reiterating his Court of Appeals brief.
- Supreme Court decision penned by Justice Leonardo-De Castro affirming with modification (imposition of legal interest at 6% per annum on damages) the Court of Appeals decision, dated October 2, 2013 (G.R. No. 202868).
Informations and Specific Charges
- Criminal Case No. 99-511:
- Charge: On or about January 26, 1999, at Ubay, Bohol, with criminal intent and use of force, threat and intimidation by using a deadly weapon (short firearm), appellant willfully, unlawfully and feloniously inserted his penis into the mouth of the victim (Ana) against her will and without consent.
- Statutory Provision: Violations of Art. 266-A, par. 2, in relation to Art. 266-B of R.A. No. 8353 (Anti-Rape Law of 1997).
- Criminal Case No. 99-512:
- Charge: On or about January 26, 1999, at Ubay, Bohol, with criminal intent and use of force, threat and intimidation by using a deadly weapon (short firearm), appellant dragged and pushed the victim to the ground and, with lewd designs, had sexual intercourse with her against her will and without consent.
- Statutory Provision: Violations of Art. 266-A, No. 1, in relation to Art. 266-B of R.A. No. 8353 and R.A. No. 7659.
- Appellant pleaded not guilty to both charges at arraignment; pre-trial and trial followed.
Factual Background — Events of January 26–28, 1999
- Around 11:30 p.m., January 26, 1999, victim Ana and co-worker Susie left Get Well Clinica (Fatima, Ubay, Bohol) and hailed a tricycle some 50 meters from the clinic; streetlights, light from a nearby chapel and houses illuminated the area; Susie used a flashlight to beam the front of the tricycle.
- Both women recognized the driver: Susie recognized him as a friend of her husband; Ana recognized him by face though not by name; appellant wore a red polo shirt and maong (denim) pants.
- Upon reaching Barangay Ekis, Susie disembarked first; Ana asked the driver to stop near her house but he continued, claiming the tricycle’s brakes were not working; the tricycle stopped at a quarry site and the driver (appellant) alleged running out of gas and asked Ana to get off; she offered to pay her fare but he did not accept it.
- As Ana walked home by moonlight, she heard someone behind her; she turned and saw the appellant, naked from the waist up, his red polo shirt now covering his face and a gun in his hand; she ran and shouted; appellant chased, caught her, covered her mouth and pointed the gun at her head, threatened to kill her.
- Appellant punched and overpowered Ana; she fell, pretended to lose consciousness in hope he would leave; instead, he dragged her by the hair to a secluded place, pushed her to the ground, boxed her several times, undressed her (removed pants, shirt, bra), pinned her to the ground, removed his pants and underwear, rubbed his body against her and placed his groin on her face; he ordered her to suck his manhood; she refused but he punched her and forced his organ into her mouth (sexual assault).
- After the oral insertion, appellant forcibly spread her legs, inserted his fingers into her vagina, pointed the gun at her head to compel compliance, forced her to guide his sex organ to hers and then forcibly penetrated her vagina (sexual intercourse), causing extreme pain; he bit her lips and lower jaw.
- After the assault, appellant asked if she knew him and remembered markings of his tricycle; Ana denied knowing him; he again threatened to kill her, ordered her to remove her shirt and blindfold herself with it, and told her to remain seated until 15 minutes after he started the tricycle; when she perceived he was gone, she wrapped herself with a malong and went home.
- The next day Ana told her mother; two days later she told Susie that she had been raped by the tricycle driver who brought them to Barangay Ekis two nights earlier.
- Ana reported the incident to authorities with her parents’ assistance and later recognized the appellant at the police station despite his having cut his hair and shaved his beard; she cried and was unable to speak when she realized he was the assailant.
- Appellant subsequently left Ubay without informing anyone of his destination; he was apprehended in Pampanga in August 2003.
Victim’s Identification and Related Evidence
- Ana and Susie positively identified the appellant as the tricycle driver in the red polo shirt who ferried them to Barangay Ekis on the night in question.
- Lighting conditions: the area was illuminated by streetlights, light from a nearby chapel, and nearby houses; Susie beamed a flashlight on the front part of the tricycle which afforded Ana the opportunity to recognize the driver and note his clothing (denim pants and red polo shirt).
- Ana recognized the appellant by his face and later by his voice — she recalled his voice negotiating for the ride, telling them about brake malfunction and empty fuel, and the voice that threatened, ordered sexual acts, and questioned her recognition.
- Ana’s recognition at the police station was reinforced by the sound of the appellant’s voice despite his changed appearance (haircut and shaved beard); she positively identified him in open court and gave detailed testimony.
Physical and Medical Evidence
- Medical examination (Medical Certificate dated January 28, 1999) revealed multiple contusions, lacerations and abrasions:
- Contusions on right side of face (from jaw to temple and at base of right ear), bruise on right forehead.
- Contusions below lower left breast and lower chest.
- Laceration from jaw to lower lip and a bite mark wound in the upper lip.
- Marked tenderness in upper abdomen; fingernail marks on right shoulder, left wrist and back.
- Lacerated labia and ruptured hymen; presence of dead spermatozoa in the vagina.
- Medical findings corroborated Ana’s account