Case Summary (G.R. No. 126149)
Incident Overview
The accusation against Dionisio Lozano arose from an incident that occurred on the morning of August 29, 1993. The Information charged him with the crime of rape, specifically that he unlawfully had carnal knowledge of Cynthia by means of force, intimidation, and against her will and consent. Following the arraignment, Lozano pled not guilty.
Trial and Verdict
After trial proceedings, the Regional Trial Court convicted Lozano, sentencing him to reclusion perpetua and imposing monetary compensation to the victim, totaling PHP 150,000 (PHP 50,000 for civil indemnity, PHP 50,000 for moral damages, and an additional PHP 50,000 for victim's counsel, later contested).
Victim's Testimony
Cynthia testified about the traumatic encounter, describing how Lozano threatened her with harm to her family to prevent her from shouting. Her detailed account illustrated the incident, noting the physical pain she endured. The court considered her testimony credible, highlighting her fear and vulnerability, especially given her difficult home circumstances.
Application of Law
Rape under Philippine law, as defined in Article 335 of the Revised Penal Code, includes having carnal knowledge of a woman under specific circumstances, including force or intimidation or when the victim is under twelve years of age. The prosecution was required to establish that the act occurred without Cynthia's consent, which the evidence demonstrated through her testimony and corroborating witness accounts.
Defense Argument
Lozano’s defense comprised a denial of the allegations and an alibi indicating he was shoveling gravel nearby at the time of the crime. However, the appellate court found this defense weak against the clear testimony provided by the victim and the corroborating evidence from other witnesses.
Assessment of Evidence
The absence of sperm in the victim's examination and the description of lacerations were challenged by Lozano as basis for dismissal of the charges. However, the court held that the legal definition of rape does not depend solely on visible physical evidence but rather on the victim's testimony about the assault and the context of intimidation involved.
Credibility of Witnesses
The trial court’s assessment of witness credibility played a pivotal role in affirming the conviction. The supporting testimony from Cynthia's granduncle, who witnessed Lozano shortly after the incident, contributed to the prosecution’s case. The court underscored that differing human reactions in crises do not diminish the validity of a witness's account.
Final Ruling and Modifications
The appellate court affirmed the findings of the lower court
...continue readingCase Syllabus (G.R. No. 126149)
Case Background
- The case involves Dionisio Lozano, the accused-appellant, charged with the crime of rape against twelve-year-old Cynthia L. Lardizabal.
- The incident occurred on August 29, 1993, in Tagudin, Ilocos Sur, Philippines.
- The Information filed against him detailed that he had carnal knowledge of Cynthia by means of force and intimidation, against her will and consent.
Arraignment and Trial
- Upon arraignment, Dionisio Lozano pleaded not guilty.
- After trial, the Regional Trial Court convicted him, sentencing him to reclusion perpetua (imprisonment for life) and ordering him to pay damages to the victim, including:
- P50,000.00 for the crime committed.
- P50,000.00 as moral damages.
- P50,000.00 for the counsel of the victim.
Facts of the Case
- Cynthia lived with her grandmother, Emilia Lardizabal, while her mother worked abroad in Saudi Arabia.
- On the day of the incident, Cynthia awoke to find Lozano on top of her, who threatened to kill her family if she screamed.
- Despite her initial shock and tears, she complied due to fear.
- After the assault, she washed her blood-stained underwear, which her grandparents noticed, leading her to disclose the incident to them.
- A medical examination revealed old healed lacerations on Cynthia’s hymen, indicating prior sexual activity.