People v. Acabo

G.R. No. 106977 (July 17, 1996)

Facts:

The case involves the accused, Aquilio Acabo, who was charged with the crime of rape against Jeany Polinar, a 20-year-old layworker at the Parish of Olutanga. On February 25, 1990, after completing her work at the church, Jeany visited her elder sister Rosie Acabo's house, where she encountered the accused, who was alone. During her visit, Aquilio attempted to drag Jeany into a room, covering her mouth to prevent her from shouting. Despite her struggles, he physically assaulted her, boxing her in the stomach and thighs, and ultimately raped her.

After the assault, Aquilio threatened Jeany with death if she disclosed the incident. Jeany managed to escape and immediately reported the incident to her mother and sister Rosie. The following day, she underwent a medical examination, which revealed vaginal lacerations and bleeding, indicating that she had been raped.

Aquilio Acabo was subsequently charged with rape. During the trial, he presented a defense claiming that no sexual intercourse occurred, asserting that Jeany was menstruating at the time and that any injuries she sustained were due to her jumping out of the window and his pulling her back. He also suggested that there was an illicit relationship between him and Jeany, which was denied by the prosecution.

Legal Issues:

1. Whether the trial court erred in finding that sexual intercourse occurred on February 25, 1990.
2. Whether the trial court erred in concluding that the sexual intercourse was against the will of Jeany Polinar.
3. Whether the trial court erred in convicting Aquilio Acabo of rape.

Arguments:

For the Accused (Appellant):

• The appellant argued that no sexual intercourse took place, claiming that Jeany was menstruating and that he only engaged in non-penetrative acts.
• He contended that Jeany's injuries were self-inflicted during her attempt to escape and not a result of his actions.
• The appellant also claimed that there was an illicit relationship between him and Jeany, which he believed undermined her credibility.

For the Prosecution (Plaintiff-Appellee):

• The prosecution maintained that Jeany's testimony was credible and consistent, detailing the assault and the immediate reporting of the incident.
• Medical evidence supported Jeany's claims, showing vaginal lacerations consistent with rape.
• The prosecution argued that the existence of an illicit relationship did not negate the occurrence of rape and that Jeany's behavior during the assault was a result of fear and intimidation.

Court's Decision and Legal Reasoning:

The court affirmed the trial court's decision, finding that the prosecution had proven the elements of rape beyond a reasonable doubt. The court emphasized the following points:

• The testimony of Jeany Polinar was direct, positive, and credible, which outweighed the appellant's denial and claims of consent.
• The medical examination corroborated Jeany's account, showing injuries consistent with sexual assault rather than menstruation.
• The court rejected the appellant's argument regarding the alleged illicit relationship, noting that it lacked factual basis and did not exonerate him from the charge of rape.
• The court also highlighted that Jeany's immediate reporting of the incident and her actions following the assault demonstrated her unwillingness to consent.

The court concluded that the trial court did not err in its findings and that the evidence presented was sufficient to uphold the conviction. The amount of damages awarded to Jeany was increased to P50,000.00 in line with current jurisprudence.

Significant Legal Principles Established:

• The existence of an illicit relationship does not negate the commission of rape.
• The credibility of the victim's testimony is paramount in rape cases, especially when corroborated by medical evidence.
• Consent must be unequivocal, and any indication of fear or intimidation negates the possibility of consent.