Jethro Villaruel

SECOND DIVISION

[G.R. No. 126282. June 20, 2000]

THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. WILSON DREU alias "ADANG DREU," accused-appellant.

(Case Digest)

Facts:

Josephine Guevarra was raped by Wilson Dreu alyas Andang Dreu at around 1 o’clock in the morning on May 11, 1986. According to Josephine Guevarra (Victim of rape) she was on their way home togethrt with her aunt Leonora Diche and friends at around 1 o’clock in the morning on May 11, 1986 but later Josephine followed Minda on her house and Josephine was separated from her aunt and friends. Instead of going on Minda’s house, they went to the house of Victor Guerrero where Minda had a store. Josephine Guevara was left by Minda outside and suddenly the accused Andang Dreu came out and grabbed hear her to grassy area which is near at the house of the accused and the crime of rape happened there. According to Josephine Guevarra, she told the suspect that sex could be done in a nice way but the accused did not listen to her and the accused continue the act. Thirty minutes later Josephine noticed that some of her private parts were bleeding and she saw the accused putting his pants and leaving. Josephine Guevara went to the waiting shed and her brother Jessie Guvarra while on his way home found her and brought her home. Josephine told her brother that morning that she was raped by the accused and her father Pablo Guevarra knew also that she was raped and her father reported it to the authorities. It was found out in the medical examination that Josephine was really rape because there was a vaginal laceration at around 3 o’clock and 9 o’clock.

Josephine executed sworn statement on May 31, 1986 against Andang Dreu and Minda Dollesin but on December 8, 1989 Minda Dollesin was acquitted because the case filed against her as principal by indispensable cooperation was not proven or insufficient.

The accused also appealed but his appeal has no merit, First: He claims that he and Josephine are lovers and he did not use force to have a sexual intercourse with Josephine. Second: He asserts that the testimonies of Josephine are full of inconsistencies and contradiction. Third: The guilt of the accused was established that he offered to marry Josephine after the incident was reported to the authorities. As a rule in a rape case, an offer of marriage is an admission of guilt.

Issue: Whether or not the offer of marriage of the accused to the victim proves his guilt.

Jethro Villaruel

Resolution:

The accused was not able to convince the Court that he did not rape Josephine Guevarra. He was found guilty of the court upon offering a marriage to Josephine Guevarra because in a rape case, an offer of marriage is an admission of guilt. As a result, the trial court ordered accused-appellant to pay Josephine moral damages in the amount of P30,000.00 only. This award must be increased. Currently, moral damages for rape is fixed at P50, 000.00.In addition, accused-appellant must be ordered to pay civil indemnity in the amount of P50,000.00, consistent with the recent rulings of this court.