FACTS:

Accused-appellant Rene Siao and Reylan Gimena were charged with the crime of rape. The incident occurred when Siao ordered Gimena to pull the victim, Estrella Raymundo, into the women's quarters of the Siao residence. Siao pointed a pistol at both Gimena and Estrella and poured Sprite into Estrella's nostrils. Estrella was then tied, ordered to undress, and forced to have sexual intercourse with Gimena, under threat of being killed by Siao. After the incident, Estrella reported the rape to her cousin. Accused-appellant Siao was convicted of rape as principal by induction, while Gimena was acquitted.

The case involves the rape of Estrella Raymundo, who worked as a maid for the Siao family. There was a commotion in the household when Gimena accused Estrella of stealing his wristwatch. Estrella admitted to stealing money but denied taking a necklace. Estrella was confronted by Gimena and offered to pay for the stolen watch. Later, Estrella confessed to stealing the necklace and asked for forgiveness. Estrella was given a second chance by the sister of accused-appellant Rene Siao and brought back to the Siao compound.

The case involves accused-appellant Rene Siao who was charged with rape as principal by induction. Ester Raymundo and her cousin sought permission to return to their home. Accused Gimena was questioned about their whereabouts and confessed to tying up the private complainant. Accused Gimena was apprehended by the police. The private complainant's father demanded a large sum of money from the Siao family to drop the rape case. Accused-appellant Rene Siao was found guilty of rape based on testimonies and appeals the decision, but the Court found his arguments without merit.

The case involves a testimony given during cross-examination of a witness in a rape trial. The witness confirmed that the accused made a "push-and-pull movement" during sexual intercourse, which lasted approximately 10 minutes. The witness also stated that another person named Rene Siao held both her legs during the act.

ISSUES:

1. Whether there was a push-and-pull movement during the sexual act.

2. Whether the accused was able to successfully penetrate the victim.

3. Whether the accused ejaculated during the sexual act.

4. Whether there was a second sexual act.

5. Whether or not Rene Siao commanded the witness to continue the sexual acts.

6. Whether or not Rene Siao spread the legs of Ester.

7. Whether or not the witness penetrated Ester upon the order of Rene Siao.

8. Whether the testimonies of Ester and Reylan are credible and should be given weight by the court.

9. Whether the alleged inconsistencies in the testimonies of Ester and Reylan are substantial and affect the credibility of their testimonies.

10. Whether the testimonies of the prosecution witnesses conform to common experience.

11. Whether the emission of semen is necessary to prove rape.

12. Whether rape can be committed in a house where there are many occupants.

13. Whether it was improbable for the victims to attempt to flee or report the incident to someone else.

14. Whether the motive of the victim to implicate the accused-appellant was believable.

15. Whether the charge that the victim's father tried to extort money from the accused-appellant's family was credible.

16. Whether the aggravating circumstance of ignominy should have been considered in determining the penalty for rape.

17. Whether the use of a deadly weapon should have been alleged in the information.

18. Whether the trial court correctly ordered the payment of moral and exemplary damages.

RULING:

1. The witness testified that there was a push-and-pull movement during the sexual act.

2. The witness testified that the accused was able to successfully penetrate her.

3. The witness stated that the accused may have ejaculated during the sexual act.

4. The witness testified that there was a second sexual act.

5. Rene Siao commanded the witness to continue the sexual acts.

6. Rene Siao spread the legs of Ester.

7. The witness penetrated Ester upon the order of Rene Siao.

8. The trial court found the testimonies of Ester and Reylan credible and gave weight to their testimonies. The court respected the assessment of the trial court as it had the opportunity to observe the demeanor of the witnesses while testifying. The court found no reason to deviate from such findings.

9. The alleged inconsistencies in the testimonies of Ester and Reylan are deemed inconsequential. These inconsistencies refer to trivial matters and do not affect the essential fact of rape being committed through force and intimidation. The court held that such inconsistencies actually serve to strengthen the credibility of the witnesses, as they are deemed badges of truth rather than indicia of falsehood. Additionally, the court emphasized that these inconsistencies indicate that the witnesses were not coached or rehearsed.

10. The court held that the testimonies of the prosecution witnesses do not need to conform to common experience in all details. The court considered the circumstances of fear experienced by Ester and Reylan, which may explain their actions during the commission of the crime. The court found that the alleged inconsistencies in this regard do not undermine the credibility of the witnesses or disprove the occurrence of the crime.

11. The important consideration in rape is not the emission of semen but the penetration of the female genitalia by the male organ. Penetration, however slight, and not ejaculation, is what constitutes rape. Thus, the emission of semen is not necessary to prove rape.

12. It is not impossible to commit rape in a house where there are many occupants. Rape can be perpetrated even in a small room.

13. The victims were easily intimidated and cowed into submission by the accused-appellant, who threatened to kill them or their family with a gun. Thus, it was not improbable for them not to attempt to escape or report the incident to someone else.

14. The contention that the victim had a motive to implicate the accused-appellant was not believable as a 14-year-old girl from a rural area would not fabricate such charges out of a desire for revenge.

15. The charge that the victim's father tried to extort money from the accused-appellant's family was self-serving and uncorroborated.

16. The Court held that the aggravating circumstance of ignominy should have been considered in determining the penalty for rape. The use of both the missionary position and the dog position in committing the rape, as proven in the case, qualifies as the aggravating circumstance of ignominy. Therefore, the trial court erred in not considering this aggravating circumstance in sentencing the accused to reclusion perpetua.

17. The Court ruled that the use of a deadly weapon should have been alleged in the information. While the use of a deadly weapon serves to increase the penalty for rape, it is a fact that must be alleged in the information to ensure that the accused is properly informed of the nature and cause of the accusation against him. In this case, the complaint, which was later converted into the Information, failed to allege the use of a deadly weapon. Therefore, the penalty to be imposed should be reclusion perpetua, the penalty prescribed for simple rape.

18. The Court found that the trial court erred in not ordering the payment of moral damages and in failing to grant exemplary damages. In rape cases, the injured party is entitled to moral damages without need of proof, and the presence of an aggravating circumstance justifies the award of exemplary damages. The Court ordered the accused to pay P50,000.00 as moral damages and P20,000.00 as exemplary damages in addition to the indemnity already ordered by the trial court.

PRINCIPLES:

• Push-and-pull movement is a recognized characteristic of sexual intercourse.

• Successful penetration is an essential element of the crime of rape.

• Ejaculation may be considered as evidence of sexual intercourse.

• Multiple acts of sexual intercourse may occur in a rape case.

• Commanding another person to engage in sexual acts can be considered as giving an order to commit rape.

• The use of threat or violence, such as pointing a firearm, can establish coercion and intimidation in a rape case.

• Compliance with the order of another person to engage in sexual acts does not negate the criminal liability of the perpetrator.

• The assessment of the credibility of witnesses is primarily within the discretion of the trial court, which had the opportunity to observe their demeanor and detect if they are lying.

• Inconsistencies in the testimonies of witnesses on minor details strengthen their credibility, as they indicate that they were not coached or rehearsed.

• Testimonies of witnesses do not need to conform to common experience in all details, as circumstances of fear or other factors may affect their actions during the commission of a crime.

• The important consideration in rape is penetration, not ejaculation.

• Rape can be committed in a house where there are many occupants.

• Victims of rape may not attempt to flee or report the incident due to intimidation, fear, or mental shock.

• Motive to implicate the accused must be credible and unlikely to be fabricated.

• Unsubstantiated claims of extortion should not be given weight without corroboration.

• The aggravating circumstance of ignominy applies when the accused uses not only the missionary position but also other sexual positions that involve degrading or humiliating acts.

• The use of a deadly weapon must be alleged in the information to increase the penalty for rape.

• The injured party in rape cases is entitled to moral damages without need of proof, and the presence of an aggravating circumstance justifies the award of exemplary damages.