PEOPLE OF THE PHILIPPINES, vs. ROMEO JOYA Y CLAMOSA and JOSELITO ARBOLANTE Y NIVIAR, accused. ROMEO JOYA Y CLAMOSA.
- G.R. Number: G.R. No. 79090
- Promulgated: 1993-10-01
- Ponente: Regalado, J.
Doctrine
In rape cases courts must assess the plausibility and credibility of the complainant’s testimony because often only participants can testify to the sexual assault.
A dwelling is a building or structure used exclusively for rest and comfort; a commercial store fifteen meters from the home is not a dwelling for the aggravating circumstance.
While P30,000 is the normal award for moral damages in rape, courts may increase it (e.g., to P50,000) in cases involving young victims, multiple rapes, or grave consequences to the victim’s future.
Facts
Rape prosecution where resolution depended on complainant’s credibility given the nature of rape cases and limited witnesses.
The sexual assaults occurred in a store about fifteen meters from the complainant's house; the store was not a dwelling or dependency of the home.
Record shows multiple rapes: complainant was ravished four times; co-accused and appellant conspired and successively raped her.
Complainant executed an affidavit of desistance as to one accused (Ismael Cervania); the information charged appellant with only one count of rape.
Issues
Whether alleged inconsistencies in the complainant’s testimony warranted overturning the conviction.
Whether the place of commission qualifies as a dwelling for the aggravating circumstance of dwelling.
Whether appellant could be convicted for multiple rapes when the information charged only one offense.
Ruling
Conviction of appellant for rape is AFFIRMED.
The award of moral damages to the complainant is INCREASED to P50,000.00.
Appellant cannot be held liable for more than what was charged; only one conviction for rape may stand where the information alleges one offense despite evidence of multiple assaults.
Keywords
G.R. No. 79090, PEOPLE OF THE PHILIPPINES v. ROMEO JOYA Y CLAMOSA and JOSELITO ARBOLANTE Y NIVIAR, Rape, Criminal Case No. TM-89, reclusion perpetua, force and intimidation, aggravating circumstance, dwelling of the offended party, plea of not guilty, trial on the merits, retracting testimony, beyond reasonable doubt, motion to withdraw appeal, counsel de oficio, denial and alibi, store, clock, april, maria, evening