Case Summary (G.R. No. 255389)
Offense Charged and Legal Basis
Carlo and three others were charged with rape under Article 266-A, paragraph 1(a) of the Revised Penal Code, for having carnal knowledge of AAA by means of force and deprivation of reason (intoxication).
Factual Background
On April 14, 2013, AAA and her friend were accosted by Ismael, who led AAA to meet Carlo and two companions. Despite AAA’s initial refusal, they escorted her to a riverbank for drinking, then to a vacant lot. AAA became dizzy, lay down, and was restrained by one person while another spread her legs. Carlo removed her undergarments and forcibly inserted his penis into her vagina; the other three men followed in succession. AAA resisted throughout but was overpowered and left unconscious.
Medical Findings
Police Senior Inspector Ma. Felicidad Mercedes A. Aulida performed an anogenital examination on April 16, 2013, finding recent blunt penetrating trauma to the genitalia consistent with forced intercourse. Injuries to the hymen could have been caused by an erect penis or similar instrument.
Defense of the Accused
Carlo denied wrongdoing and asserted an alibi: he claimed to have left the drinking session at 10:00 p.m., returned home, and slept until awakened by barangay officers the next morning. He insisted it was impossible for him to be at the crime scene during the offense.
Trial Court Findings (RTC)
The Regional Trial Court found AAA’s testimony credible and corroborated by medical evidence. It held that Carlo and his companions conspired to commit rape, rejected the alibi defense given the short distance between Carlo’s home and the crime site, and convicted him of rape. Carlo was sentenced to reclusion perpetua, ordered to pay AAA PHP 75,000 in civil indemnity, PHP 75,000 moral damages, and PHP 50,000 exemplary damages, plus six percent interest per annum.
Court of Appeals Decision
On June 29, 2020, the Court of Appeals affirmed the conviction but increased damages to PHP 100,000 each for civil indemnity, moral, and exemplary damages, with six percent annual interest from finality of judgment.
Issues on Appeal to the Supreme Court
Carlo challenged AAA’s credibility and maintained his defenses of denial and alibi, arguing inconsistencies in her testimony and physical impossibility of his presence at the crime scene.
Credibility Assessment
The Supreme Court accorded the highest respect to the trial courts’ evaluations of AAA’s demeanor, emotional state, and consistency. No material fact was overlooked or misapplied. AAA’s detailed recounting of each assailant’s actions, her resistance, and her identification of Carlo were found credible and coherent.
Elements of Rape and Use of Force
Under Article 266-A, the elements of rape—carnal knowledge by means of force, threat, or intimidation—were satisfied. Force need only be sufficient to overcome resistance, which AAA demonstrated by kicking and resisting until overpowered.
Conspiracy and Co-Perpetrator Liability
Jurisprudence holds that in conspiracy the act of one is the act of all. The manner of successive rape, with one assailant restraining AAA whi
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Antecedents
- On April 14, 2013, Carlo Diega y Zapico (“Carlo”) and three unidentified companions (“John Does”) were charged with rape under Article 266-A(1)(a) of the Revised Penal Code, in RTC Criminal Case No. C-89752.
- The information alleged that the accused, in conspiracy with others, used force and intoxication to deprive the 12-year-old victim (AAA) of reason and consent, and unlawfully had carnal knowledge of her.
- Carlo pleaded not guilty. Trial ensued before the Regional Trial Court (RTC).
Factual Background
- At around 8:00 p.m., AAA and her friend were accosted by Ismael and brought to a riverbank, where they met Obat (alias Kalbo) and Carlo; AAA was offered liquor, became dizzy, and was taken to a vacant lot.
- AAA fell into a semi-conscious state; she was held down, had her undergarments removed, was spat upon, and was successively raped by Carlo, then Kalbo, Ismael, and Obat while resisting and crying out.
- The perpetrators held AAA’s arms and legs, preventing her escape; she eventually lost consciousness and was left alone.
- At 5:00 a.m. the next day, AAA returned home, reported the assault to her parents, the barangay hall, and police; medico-legal examination revealed recent blunt penetrating trauma to the genitalia consistent with rape.
Carlo’s Defense
- Denied rape, claimed he joined the drinking session but went home at 10:00 p.m. and remained there until he was arrested the next morning.
- Asserted alibi and the physical impossibility of returning to the crime scene after going home.
RTC Decision
- Found AAA’s testimony credible and corrobor