GR L 40462; (July, 1984) (Digest)
G.R. No. L-40462 July 31, 1984
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GIL MUNAR, defendant-appellant.
FACTS
The accused, Gil Munar, was convicted of rape by the Court of First Instance of Pangasinan and sentenced to an indeterminate penalty. The victim was a 19-year-old girl with a mental age of a 5-year-old child. The case was initially appealed to the Court of Appeals, which certified it to the Supreme Court due to the penalty involved. Following the directive in People vs. Daniel, the Supreme Court returned the records to the Intermediate Appellate Court (now Court of Appeals) for a determination of the proper penalty and analysis, without entering judgment, before final certification for Supreme Court review.
The Appellate Court found that the rape was committed with the use of a deadly weapon (a knife) and was not attended by any modifying circumstances. It recommended the penalty of reclusion perpetua. The case was then elevated back to the Supreme Court for final review, adopting the Appellate Court’s findings as part of its decision.
ISSUE
Whether the Supreme Court should affirm the conviction of Gil Munar for rape and impose the penalty of reclusion perpetua based on the findings that the crime was committed with a deadly weapon and without modifying circumstances.
RULING
Yes, the conviction is affirmed and the penalty is modified to reclusion perpetua. The Supreme Court sustained the factual findings and legal conclusions of the Appellate Court. The Court held that the victim’s mental deficiency did not impair her credibility as a witness. She was able to convey her thoughts intelligibly, and her testimony was consistent on the material point: that Munar, armed with a knife, forced her to lie down and had sexual intercourse with her. Minor inconsistencies in her testimony did not detract from the core account of the assault, which was corroborated by the medical examination.
The Court rejected Munar’s denial and his claim that the case was fabricated due to unpaid debts, finding such motive unsubstantiated by the evidence. The positive identification by the victim outweighed the accused’s bare denial. Applying Article 335 of the Revised Penal Code in relation to Article 63(2), the use of a deadly weapon (knife) in the commission of rape, absent any modifying circumstances, warrants the imposition of reclusion perpetua. Consequently, the Supreme Court affirmed the judgment of conviction, sentenced Munar to reclusion perpetua, and increased the indemnity to the offended party to P15,000.00.