G.R. No. 143237 October 28, 2002
People of the Philippines, plaintiff-appellee, vs. Francis Gavina y Quebec, accused-appellant.

FACTS

The accused-appellant, Francis Gavina y Quebec, was charged with rape under an Information dated February 22, 1999. It was alleged that on or about January 19, 1999, in Pasay City, by means of force and intimidation, he had carnal knowledge of the complainant, Milet Jurial y Zamora, a 14-year-old minor, against her will and consent. Upon arraignment, he pleaded not guilty.
The prosecution presented the testimony of the complainant, Milet Jurial. She testified that on the night of January 18, 1999, she and a co-employee, Susan Yap, had run away from their employer and were at Luneta Park. The appellant approached them, introduced himself as an NBI agent, and offered help. He brought them to various locations, eventually separating Milet from Susan. After going to Baclaran Church, Milet complained of being sleepy, and appellant brought her to Mahal Kita Motel in Pasay City. Inside the room, after drinking water given by appellant, she felt dizzy, fell asleep, and later awoke to find herself naked with appellant on top of her, having sexual intercourse. She tried to push him but he threatened to kill her if she resisted or shouted. They left the motel around noon the next day. Appellant later brought her to Harrison Plaza, left her at a chapel, and was arrested upon his return after Milet sought help and reported the rape.
Dr. Mariella Sugue Castillo of the UP-PGH Child Protection Unit conducted a medico-genital examination and found findings consistent with recent sexual abuse, but admitted on cross-examination that the injuries could also be due to consensual intercourse. Social worker Delia Camacho testified to assisting Milet and witnessing her sworn statement.
The defense presented only the appellant, Francis Gavina. He testified that the meeting at Luneta was cordial, that Milet voluntarily accompanied him, and that they had consensual sexual intercourse four times at the motel. He claimed the rape charge was fabricated after Milet was told by another person at the mall chapel that appellant was a pimp.
The Regional Trial Court of Pasay City, Branch 109, found the prosecution version credible, convicted appellant of rape, and sentenced him to reclusion perpetua, with indemnity and moral damages.

ISSUE

Whether the guilt of the accused-appellant for the crime of rape, committed by means of force and intimidation, has been proven beyond reasonable doubt.

RULING

The Supreme Court REVERSED and SET ASIDE the decision of the Regional Trial Court. The accused-appellant, Francis Gavina y Quebec, was ACQUITTED of rape on the ground of reasonable doubt.
The Court held that the prosecution failed to prove the essential element of force or intimidation beyond reasonable doubt. The complainant’s testimony lacked credible showing that appellant used force or threat sufficient to overpower her will. The Court noted the absence of any weapon, the complainant’s prior brave and independent actions (leaving her hometown and employer), and the lack of compelling fear engendered by the appellant. The medico-legal findings were inconclusive, as the doctor admitted the injuries could be from consensual sex. The trial court’s reliance on the presumption that a woman would not falsely cry rape was insufficient to overcome the constitutional presumption of innocence. The evidence adduced did not suffice to prove guilt beyond reasonable doubt. Therefore, the appellant was ordered released unless detained for another lawful cause.