Title
People vs. Licaros y Flores
Case
G.R. No. 238622
Decision Date
Dec 7, 2020
Accused-appellant convicted of rape based on victim’s credible testimony, supported by medical evidence, and denied appeal; penalties and damages upheld.
rape
conviction
force

Case Summary (G.R. No. 238622)

Information, Arraignment, and Issues on Appeal

The prosecution filed an Information dated July 3, 2009 charging the accused-appellant with rape through lewd designs and by means of force, threat, and intimidation, alleging carnal knowledge of [AAA] “against her will and consent.” Upon arraignment on February 15, 2011, the accused-appellant entered a plea of not guilty, and trial proceeded.

On appeal, the accused-appellant raised two principal issues: first, whether the lower courts committed error in giving full credence to the complainant’s purportedly “doubtful” and “improbable” testimony; and second, whether the prosecution proved beyond reasonable doubt the essential element of force or intimidation.

Factual Background as Presented by the Prosecution

The prosecution narrated that on April 9, 2009, [AAA], then living with her aunt [BBB], joined a drinking spree at [BBB]’s house with her uncle [BBB] and some neighbors. The accused-appellant, described as [AAA]’s cousin, later arrived and joined the drinking. At around 11:00 p.m., [AAA] felt dizzy from alcohol consumption and decided to sleep. The accused-appellant allegedly assisted her to a bedroom upstairs. Once in the room, he allegedly helped her lie down on the floor to sleep.

According to [AAA]’s account, she was shocked when the accused-appellant suddenly positioned himself on top of her and kissed her from her neck downward. She allegedly attempted to resist by kicking and pushing him away, but he allegedly refused to stop. She also allegedly tried to shout, but she claimed no voice came out of her lips. She further testified that the accused-appellant then pulled down her shorts and underwear while pinning her clenched fists to her chest with one hand. When her garments had fallen below her knees, he allegedly tugged down his own basketball shorts and underwear, inserted his penis into her vagina, and made push and pull movements until he was “done.” Afterward, he allegedly dressed and left her crying alone in the room.

Despite the alleged rape, [AAA] continued living in the same house and did not report the incident immediately, stating that she did not tell anyone out of fear that her father might kill the accused-appellant, or that the accused-appellant might be killed once the rape became known. Eventually, she allegedly confided in her stepmother, [CCC], who then contacted [DDD] (identified as [AAA]’s biological mother). The mother allegedly reported the incident to the Women and Children Protection Desk at the police station. [AAA] then underwent a medical examination at the Philippine National Police Crime Laboratory in Camp Crame.

The medico-legal report allegedly showed that [AAA]’s hymen had shallow healed lacerations at the 3 and 9 o’clock positions and a deep healed laceration at the 6 o’clock position, which were described as clearly indicating previous blunt force or penetrating trauma.

Defense Theory and Trial Strategy

The accused-appellant denied the accusation. He asserted that on April 9, 2009, he and his cousin [EEE], among others, were drinking gin. He claimed that at around 2:00 or 3:00 p.m., [AAA] joined them. He stated that when their drinking ended at 7:00 p.m., he saw [AAA] lying in front of the door of the house. He further claimed that his mother instructed him to bring [AAA] to the second floor because they were about to sleep. He said he and [EEE] brought [AAA] upstairs, after which they went downstairs to continue drinking. He claimed that his sister [FFF], who was allegedly at the second floor texting, saw [AAA] being assisted by the accused. He added that [FFF] slept at around 10:00 p.m., and when she woke up at 9:00 a.m. the next morning, [AAA] was already gone.

RTC Decision: Credibility of Testimony and Corroboration

The RTC convicted the accused-appellant in its decision dated March 16, 2016. It held that [AAA]’s testimony was straightforward, categorical, and candid, and that it was supported by the medico-legal findings. The RTC gave more weight to [AAA]’s positive identification of the accused-appellant than to the defense of denial. It therefore found that the prosecution met the burden of proving guilt beyond reasonable doubt.

As to penalty and damages, the RTC sentenced the accused-appellant to reclusion perpetua. It ordered him to pay [AAA] P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages. It also imposed legal interest at 6% per annum on the monetary awards from the date of finality of judgment until fully paid.

CA Ruling: Affirmance with Increased Damages

On appeal, the CA affirmed the conviction in its decision dated August 14, 2017, modifying the award of damages. It increased civil indemnity, moral damages, and exemplary damages to P75,000.00 each in view of recent jurisprudence. The CA held that [AAA] had given a clear, positive, and straightforward account of the incident and that the evidence established that the accused-appellant employed force to succeed in his lustful act. It relied on the testimony describing how the accused-appellant allegedly pinned her hands to her chest, removed her undergarments, and inserted his penis into her vagina, and it found support in the medico-legal report showing healed lacerations and evidence of previous blunt force or penetrating trauma.

Supreme Court Analysis: Witness Credibility, Force, and Denial

The Supreme Court found the appeal without merit. It reiterated the rule that when the question before the appellate court turns on the credibility of witnesses, appellate courts accord the trial court’s assessment the highest respect, because the trial judge has the unique opportunity to observe the witnesses’ demeanor, conduct, and attitude. It also emphasized that such findings are not disturbed unless it is shown that the trial court overlooked, misunderstood, or misapplied facts or circumstances of weight or substance that could alter the outcome. It noted that the rule applied even more stringently where the trial court’s findings were sustained by the CA.

Applying these standards, the Court held that there was no cogent reason to overturn the RTC and CA findings. It considered [AAA]’s narration to be straightforward, categorical, and candid, including her in-court identification of the accused-appellant as her assailant. The Court noted that the complainant testified in detail about how the accused-appellant assisted her upstairs, pinned her hands to her chest, pulled down her shorts and underwear, and inserted his penis into her vagina while she struggled, pushed, kicked, and could not shout.

The accused-appellant tried to discredit the testimony by arguing that it was doubtful and inherently impossible because relatives and neighbors were allegedly near the bedroom where the rape occurred, that [AAA] did not shout for help, and that there were no physical injuries on her body. The Court rejected these arguments. It held that the close proximity of other persons does not render the commission of rape impossible or incredible, and it reiterated that rape can be committed even in places where people congregate, including inside houses with other occupants or even the same room where family members sleep. It further held that the failure to shout does not disprove the commission of rape. It also ruled that the absence of physical injuries does not imply consent. The Court observed that the force used in rape need not be overpowering or absolutely irresistible. It found that, under the circumstances described by [AAA], it was sufficient that the accused-appellant pinned her down and succeeded in his lustful objective despite her persistent struggling.

As to the defense of denial, the Court treated it as intrinsically weak absent strong evidence of non-culpability. It held that denial, which constitutes self-serving negative evidence, cannot prevail over credible witnesses who testify affirmatively. The Court therefore accorded greater evidentiary weight to [AAA]’s positive and straightforward testimony, especially because it was corroborated by the medical findings.

The Court concluded that the prosecution proved beyond reasonable doubt that the accused-appellant had carnal knowledge of [AAA] through force and intimidation, by inserting his penis into her vagina against her will and without consent. It added that a rape v

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