Case Summary (G.R. No. 98121-22)
Overview of the Charges
The initial complaint outlines that on the evening of April 2, 1989, Salazar, utilizing violence and intimidation, forcefully engaged in sexual intercourse with the 12-year-old victim, threatening her with a knife. A second complaint mirrors the allegations, stating that a similar incident occurred the following evening, April 3, 1989. Salazar entered a plea of not guilty upon arraignment, and accordingly, the trial court directed a joint trial for both complaints.
Testimonies and Evidence Presented
Josephine testified about her experiences on the nights of the alleged assaults. On April 2, she was threatened with a knife, forced into sexual acts, and warned to remain silent about the incident. The following evening, she reported a similar threat and attack from Salazar. Josephine’s testimony emphasized her fear and traumatic experience, explaining why she did not resist or immediately report the incidents.
Medical evaluation conducted by Dr. Grace M. Doromal revealed signs of prior sexual abuse, aligning with Josephine's accounts. The examination, albeit without overt physical injuries, indicated the presence of old hymenal lacerations, suggesting repeated sexual penetration prior to the examination date.
Defense Arguments
Salazar’s defense hinges on his claim that the sexual acts were consensual. He argued that Josephine participated willingly, contradicting her assertions of intimidation and fear. Salazar posited that there was no bias in the victim’s account and suggested the trial was influenced by a public broadcast of his interview, which he claimed prejudiced the judge.
Judicial Assessment of Credibility
The trial court's findings, which hinged significantly on the credibility of the witnesses, were upheld due to the court's direct observation of their testimonies. It was noted that the presence of intimidation suffices to establish the element of force required for a rape conviction under Article 335 of the Revised Penal Code. The court underscored that threats of violence could deter resistance and that a twelve-year-ol
...continue readingCase Syllabus (G.R. No. 98121-22)
Case Citation
- Court: Supreme Court of the Philippines
- Division: First Division
- G.R. Nos.: 98121-22
- Date: July 05, 1996
Parties Involved
- Plaintiff-Appellee: People of the Philippines
- Accused-Appellant: Romeo Salazar y Rapis
Background of the Case
- The case involves the conviction of appellant Romeo Salazar for two counts of rape, resulting in a sentence of reclusion perpetua and an order to pay the victim, Josephine Lopez, P30,000.00 as indemnity per incident.
Summary of Charges
First Complaint:
- Date of Incident: April 2, 1989
- Location: So. Macabal-Ong, Brgy. Magsaysay, Cadiz City, Negros Occidental
- Allegations: Appellant used violence and intimidation, threatening the victim with a knife, to have carnal knowledge of Josephine Lopez, a 12-year-old girl.
Second Complaint:
- Date of Incident: April 3, 1989
- Similar allegations as the first complaint.
Trial Proceedings
- Arraignment: Appellant pleaded not guilty to both charges.
- Joint Trial: The trial court ordered the cases to be tried jointly with the agreement of both parties.
Victim's Testimony
- Josephine, then 12 years and six months old, testified about being left in the care of the appellant while her mother was away.
- On both nights, appellant threatened her with a knife, committing sexual acts against her will despite her cries and bleeding.
- Josephine reported the rapes to her mother up