Professional Documents
Culture Documents
64 (Rape)
G.R. Nos. 141773-76
RULING:
The Court held that Marlenes failure to shout or offer adequate resistance against accusedappellant is of no moment. Physical resistance need not be established in rape when intimidation is
exercised upon the victim and she submits herself against her will to the rapists lust out of fear for
her life and personal safety.
Furthermore, the alleged inconsistencies of prosecution witnesses do not in any way detract from
the fact that Marlene was raped by accused-appellant. These alleged inconsistencies are diminimis
in nature and in no way destroy their credibility. What is important is that the prosecution witnesses
were consistent in relating the significant and indispensable components of the principal occurrence
of rape.
Rape, by its very nature, is committed with the least possibility of being seen by the public. More
often than not, this crime is committed in the presence of only the victim and her defiler. The
commission of the four acts of rape were established by the testimony of Marlene Nitoya herself. In
the face of his positive identification by Marlene, accused-appellants self-serving denial and alibi
cannot prevail. The testimony of the victim, who is a minor, deserve full credence and should not be
so easily dismissed as a mere fabrication especially that she has absolutely no motive to testify
against the accused.
Thus, the Court does not hesitate to uphold the conviction of the accused on the basis of the lone
testimony of the private complainant who testifies in no uncertain terms that Sendong was the author
of the acts of rape committed upon her person.
Sendong was nevertheless found guilty beyond reasonable doubt on four counts of rape and is also
sentenced to pay Civil Indemnity and Moral Damages for each count. Exemplary Damages is
deleted for lack of factual and legal basis.