Case Summary (G.R. No. 135402-03)
Charges Filed
On February 4, 1998, Assistant City Prosecutor Ramon Jose G. Duyongco filed two informations charging the three accused under Republic Act No. 8353 (The Anti-Rape Law of 1997) in connection with Republic Act No. 7610 (Special Protection of Children Against Abuse, Exploitation, and Discrimination Act). The charges alleged that the accused conspired to use force and intimidation against Grenalyn to engage in sexual intercourse with her.
Trial Proceedings
The accused entered a plea of not guilty during their arraignment on February 12, 1998, leading to a joint trial. Evidence presented by the prosecution included Grenalyn’s testimony regarding the assaults, details leading to her report of the crimes, and the medical examination results that indicated prior sexual activity but confirmed no spermatozoa in her system.
Victim's Testimony
Grenalyn provided a vivid account of the two incidents where she was allegedly raped on January 25 and January 30, 1998. During both episodes, she claimed that she was physically restrained and threatened, first with a knife and later with scissors, preventing her from escaping or seeking help. Despite her initial reluctance to report the assaults due to familial concerns and fear of retaliation, she eventually disclosed the events to her grandfather and sought medical assistance.
Defense Claims
The accused denied the allegations, with Elmer Castillon claiming an alibi of being with his girlfriend at a different location on January 25, and Roy Fernandez asserting he was attending a fiesta. They attempted to discredit Grenalyn by claiming she was engaged in prostitution, citing the absence of physical injuries and a delay in reporting the incidents as indicators of falsehood.
Ruling of the Trial Court
On June 9, 1998, the Regional Trial Court found the accused guilty of rape. Gonzaga was sentenced to reclusion perpetua while Fernandez and Castillon received indeterminate penalties of reclusion temporal. Besides imprisonment, they were also ordered to pay Grenalyn P50,000.00 as moral damages for each count against them.
Appeal and Rationale
The accused-appellants sought to overturn the trial court's decision, arguing the victim's credibility was questionable and asserting that medical findings did not support claims of rape. However, the appellate court reaffirmed the trial court's ruling, stating that the absence of spermatozoa and physical injuries was inconsequential, as penetration constitutes the essence of the crime.
Legal Principles Applied
The appellate court referenced Article 266-A of the Revised Penal Code, which defines rape as having carnal knowledge of a woman through force, threat, or intimidation. The court emphasized the importance of the victim’s testimony in such cases, particularly given her young age, which makes the courage to report abuse commendable rather than suspicious.
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Case Background
- The case is an appeal from the joint decision of the Regional Trial Court, Cebu City, Branch 18, which convicted Ian Gonzaga and Roy Fernandez of two counts of rape, and Elmer Castillon of one count of rape.
- Ian Gonzaga was sentenced to two penalties of reclusion perpetua, Roy Fernandez to two penalties of 14 years, 8 months and 1 day of reclusion temporal (minimum) to 17 years and 4 months (maximum), and Elmer Castillon to 14 years, 8 months and 1 day of reclusion temporal (minimum) to 17 years and 4 months (maximum).
- All three accused were ordered to indemnify the victim, Grenalyn Narbasa, in the amount of P50,000.00 as moral damages for each case.
Charges Filed
- On February 4, 1998, Assistant City Prosecutor Ramon Jose G. Duyongco charged the accused under Republic Act No. 8353 and Republic Act No. 7610, alleging that on January 25, 1998, and January 30, 1998, they raped Grenalyn Narbasa, a 12-year-old minor, using force and intimidation.
Timeline of Events
- January 25, 1998: Grenalyn visited a store where she was later attacked by the accused.
- January 30, 1998: The accused again assaulted Grenalyn in the same store.
- February 1, 1998: Grenalyn was found by her cousin and subsequently taken to the hospital for examination.
Victim's Testimony
- Grenalyn Narb