Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1985 > May 1985 Decisions > G.R. No. L-68032 May 31, 1985 - PEOPLE OF THE PHIL. v. FLORENCIO V. HINSOY:




PHILIPPINE SUPREME COURT DECISIONS

SECOND DIVISION

[G.R. No. L-68032. May 31, 1985.]

PEOPLE OF THE PHILIPPINES, Petitioner-Appellee, v. FLORENCIO HINSOY y VALLESPIN, Accused-Appellant.

The Solicitor General for Petitioner-Appellee.

Antonio R. Uppitching, Sr., counsel de oficio for Accused-Appellant.


D E C I S I O N


AQUINO, J.:


Florencio Hinsoy appealed from the decision of the Regional Trial Court at Dumaguete City, convicting him of rape, sentencing him to reclusion perpetua and ordering him to pay Agustina Gemina, the offended party, P12,000 as damages.

Accused Hinsoy, a widower, 34, admitted that at around eleven o’clock in the evening of April 30, 1982 he had sexual congress with his neighbor, Agustina Gemina, a 43-year-old widow, in her house located in Barrio Banwague, Guihulngan, Negros Oriental, while she was lying between her two daughters, Narcisa and Gilda. The only issue is whether such intercourse was with Agustina’s consent.

The prosecution’s evidence shows that Hinsoy, who was naked below the waist, entered Agustina’s house which was "three steps" above the ground. He was armed with a knife and a pistol. There was a kerosene lamp on the table. Agustina was awakened when Hinsoy embraced her. He announced that he was a member of the New People’s Army. Agustina pleaded with him not to molest her. Narcisa, 12, who was sleeping on her left side, was also awakened. She asked Hinsoy not to harm her mother. He did not heed their pleas.

Hinsoy lifted Agustina’s dress, ripped off her panty, which was torn as a result, and succeeded in copulating with her. Because she continuously resisted by moving her body, Hinsoy’s semen was spread on her genital organ, thighs and abdomen. He poked his gun at her and threatened to kill her. She had bruises on her arm.

Agustina reported the incident to the barangay captain the following morning. Five days later, she complained to the police. She submitted to a medical examination. The attending physician found multiple contusions around her vagina and urethral orifice.

The barangay captain declared that when Hinsoy was arrested on May 5, 1982, he admitted having raped Agustina. He made the same admission to the police when he was investigated the next day, May 6.

On the other hand, Hinsoy testified that on the night of April 30, 1982 he was allegedly a guest of Agustina. He had supper in her house. She served horse meat. He slept in her house. At eleven o’clock he had sexual intercourse with her. She had agreed to the sexual intercourse. He left her house in the morning.chanrobles.com : virtual law library

The trial judge did not give credence to Hinsoy’s pretension that the sexual intercourse was due to mutual agreement. He found no reason whatsoever why Agustina would frame up Hinsoy or would act in a vindictive manner towards him. He concluded that her "simple and natural testimony" was credible and trustworthy.

The contention of appellant’s counsel that Agustina lied and concocted the rape charge cannot be taken seriously. She would not have taken the considerable trouble of bringing him to court if the charge was not true.

WHEREFORE, the trial court’s judgment is affirmed. Costs against the Appellant.

SO ORDERED.

Makasiar (Chairman), Abad Santos, Escolin and Cuevas, JJ., concur.

Concepcion, J., is on leave.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






May-1985 Jurisprudence                 

  • G.R. No. L-56893 May 3, 1985 - PEDRO SISON, SR. v. MINISTRY OF NATIONAL DEFENSE

  • G.R. No. L-59787 May 3, 1985 - CRISTINA V. JASMINEZ v. FABIAN C. VER

  • G.R. No. L-58912 May 7, 1985 - ROBERTO R. DE LUZURIAGA, SR. v. MIDPANTAO L. ADIL

  • G.R. No. L-66547 May 7, 1985 - FRANCISCO MOGUEIS, JR. v. COURT OF APPEALS

  • G.R. No. L-67540 May 7, 1985 - FLORENDA SALCEDO v. ESTHER NOBLES BANS

  • G.R. No. L-69800 May 7, 1985 - ALFREDO MONTELIBANO v. BACOLOD-MURCIA MILLING CO., INC.

  • G.R. No. L-32737 May 8, 1985 - GREGORIO A. CONCON v. COURT OF APPEALS

  • G.R. No. L-43086 May 8, 1985 - FELIPE Z. CAÑETE v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-45234 May 8, 1985 - R and B SURETY & INSURANCE CO., INC. v. VICTORINO A. SAVELLANO

  • G.R. No. L-60509 May 8, 1985 - LEOPOLDO TOLOSA v. EMPLOYEE’S COMPENSATION COMMISSION

  • G.R. No. L-62354 May 9, 1985 - ROSALINDA GODIZANO v. EMPLOYEES’ COMPENSATION COMMISSION

  • A.C. No. 2131 May 10, 1985 - ADRIANO E. DACANAY v. BAKER & MCKENZIE

  • G.R. No. L-20395 May 13, 1985 - ELTON W. CHASE v. VICTOR BUENCAMINO, SR.

  • G.R. No. L-45382 May 13, 1985 - PEOPLE OF THE PHIL. v. NICOLAS SERRANO

  • G.R. No. L-59879 May 13, 1985 - PATRICIO SINAON v. ANDRES SOROÑGON

  • G.R. No. L-68126 May 13, 1985 - MACTAN RURAL BANK, INC. v. VICENTE LEOGARDO, JR.

  • G.R. No. L-69261 May 13, 1985 - RAJAH LAHUY MINING COMPANY v. JAMES B. PAJARES

  • G.R. No. L-50345 May 14, 1985 - HEIRS OF AGUSTIN FIESTA v. COURT OF APPEALS

  • G.R. No. L-52832 May 14, 1985 - PEOPLE OF THE PHIL. v. HENRY SAMIANO

  • G.R. No. L-60504 May 14, 1985 - MELITON C. GERONIMO v. FIDEL V. RAMOS

  • G.R. No. L-66371 May 15, 1985 - ARMANDO ANG v. JOSE P. CASTRO

  • A.M. No. 2864-P May 16, 1985 - OFFICE OF THE COURT ADMINISTRATOR v. AMANDO S. SORIANO

  • G.R. No. L-52292 May 16, 1985 - FEDERATION OF FREE WORKERS v. EDUARDO P. CAGUIOA

  • G.R. No. L-57348 May 16, 1985 - FRANCISCO DEPRA v. AGUSTIN DUMLAO

  • G.R. No. L-35645 May 22, 1985 - UNITED STATES OF AMERICA v. V.M. RUIZ

  • G.R. No. L-40118 May 22, 1985 - PEOPLE OF THE PHIL. v. IGNACIO Z. PANUELOS

  • G.R. No. L-46126 May 22, 1985 - ESTEBAN S. CRUZ v. DIRECTOR, NATIONAL BUREAU OF INVESTIGATION

  • G.R. No. L-65555 May 22, 1985 - PEOPLE OF THE PHIL. v. ANTINOMENES DUERO

  • A.C. No. 2481 May 24, 1985 - LEONCIO DELA CRUZ v. RICARDO A. FABROS, JR.

  • G.R. No. L-34856 May 24, 1985 - IRENEO MIRALLES v. PEDRO ORO

  • G.R. No. L-62465 May 24, 1985 - ERNESTO S. NIETO v. ROMEO D. MAGAT

  • G.R. No. L-65848 May 24, 1985 - HERNANDO C. LAYNO, SR. v. SANDIGANBAYAN

  • G.R. No. L-68212 May 24, 1985 - SEA-LAND SERVICE, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-27718 May 27, 1985 - INDUSTRIAL TEXTILES MANUFACTURING COMPANY v. COMMISSIONER OF INTERNAL REVENUE

  • G.R. No. L-39388 May 27, 1985 - RAYMUNDO ERFE v. WILLELMO C. FORTUN

  • G.R. No. L-41412 May 27, 1985 - PEOPLE OF THE PHIL. v. SANCHO NEPOMUCENO

  • G.R. No. L-42419 May 27, 1985 - PACIENCIA VDA. DE PONGAN v. WORKMEN’S COMPENSATION COMMISSION

  • G.R. No. L-44258 May 27, 1985 - CENEN G. DIZON v. COURT OF APPEALS

  • G.R. No. L-57051 May 27, 1985 - MERLY M. PAGALUNAN v. STATION COMMANDER ANGELES CITY

  • G.R. No. L-61549 May 27, 1985 - FRANCISCO DE ASIS & CO., INC. v. COURT OF APPEALS

  • G.R. No. L-63535 May 27, 1985 - PHIL. INTERNATIONAL SHIPPING CORP. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. 70185 May 27, 1985 - SANDIGAN NG MANGGAGAWA SA SHOEMART v. CRESENCIO B. TRAJANO

  • G.R. No. L-23524 May 31, 1985 - REPUBLIC OF THE PHILIPPINES v. GABRIEL V. VALERO

  • G.R. No. L-45637 May 31, 1985 - ROBERTO JUNTILLA v. CLEMENTE FONTANAR

  • G.R. No. L-56022 May 31, 1985 - GEMILIANO C. LOPEZ, JR. v. COMMISSION ON ELECTIONS

  • G.R. No. L-56744 May 31, 1985 - ROMUALDO AVELLANEDA v. COURT OF APPEALS

  • G.R. Nos. L-57627 & 58966 May 31, 1985 - ROLANDO TINIO v. JOSE P. CASTRO

  • G.R. No. L-63729 May 31, 1985 - PEOPLE OF THE PHIL. v. ERNESTO DEUS

  • G.R. No. L-64204 May 31, 1985 - DEL ROSARIO & SONS LOGGING ENTERPRISES, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-65689 May 31, 1986

    SANDOVAL SHIPYARDS, INC. v. NATIONAL LABOR RELATIONS COMMISSION

  • G.R. No. L-68032 May 31, 1985 - PEOPLE OF THE PHIL. v. FLORENCIO V. HINSOY

  • G.R. No. L-69098 May 31, 1985 - GEORGIA G. TUMANG v. ODILON I. BAUTISTA

  • G.R. No. L-69437 May 31, 1985 - SIEGFREDO D. OBIAS v. MELECIO B. BORJA

  • G.R. No. L-69623 May 31, 1985 - MASAGANA TELAMART, INC. v. INTERMEDIATE APPELLATE COURT

  • G.R. No. L-69907 May 31, 1985 - PRUDENTIAL BANK v. JOSE P. CASTRO

  • G.R. No. 70744 May 31, 1985 - PEOPLE OF THE PHIL. v. FELIPE RAMIREZ