G.R. No. 137564 . March 30, 2001.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. DOMINADOR DOMENDED Y VELASCO, accused-appellant.

FACTS

Accused-appellant Dominador Domended was convicted of rape and sentenced to reclusion perpetua. The prosecution evidence established that Domended, the employer of the 15-year-old complainant Lina Casupang, fetched her from Pangasinan to work in his Marikina City carinderia. On July 30, 1997, while going home late at night, Domended, smelling of alcohol, forcibly brought Lina to a dark, vacant lot. He pinned her down, removed her clothing, and attempted to have carnal knowledge. Lina testified that he inserted his penis into her vagina, though she had earlier stated in an affidavit that penetration was attempted but not achieved, a discrepancy she attributed to fear and the accused’s moral ascendancy at the time of the affidavit’s execution.
The defense presented a “sweetheart theory,” claiming the sexual encounter was consensual. Domended testified that Lina embraced him, they kissed, and he touched her private parts but desisted upon realizing she was menstruating. He argued that the medical findings of fresh hymenal lacerations were consistent with recent consensual sex. The trial court rejected this defense and found him guilty.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the accused for the crime of rape.

RULING

The Supreme Court affirmed the conviction. The Court held that the alleged inconsistencies in Lina’s testimony, particularly between her judicial testimony and her earlier affidavit, did not destroy her credibility. The affidavit, executed under the moral influence of her employer, was correctly clarified during trial where she gave a more detailed and consistent account of the rape. The medico-legal certificate, indicating fresh hymenal lacerations, corroborated her claim of recent sexual violation. The Court found the “sweetheart theory” implausible, noting it is a common but often fabricated defense. It was inconceivable that a young, newly employed provincial lass would willingly engage in sexual intercourse with her middle-aged employer on a rain-drenched vacant lot mere days after starting work. Her immediate report of the incident to her relative and the police was consistent with the conduct of a true victim. The offer of settlement by the accused’s wife did not weaken the case, as it could be construed as an attempt to compromise after the fact. The trial court’s assessment of witness credibility is accorded great respect. Thus, the guilt of the accused was proven beyond reasonable doubt. The penalty of reclusion perpetua was affirmed, with the modification of an additional award of moral damages.