Alejandro Calongui was accused of raping Clara (not her real name) for two counts.
On Jan. 1, 1998, at 2 a.m. in Tagbog Pili, Camarines Sur, then 13-year-old Clara slept in the same room with her first cousin, Alejandro and her three siblings. Clara woke up to find that Alejandro had removed her shorts and panties.

Alejandro threatened to kill her and her siblings if she resisted his sexual advances.

Clara tried to repel the sexual assault by moving her body and kicking Alejandro's thighs but Alejandro succeeded in having sexual congress with her.

Clara's 12-year-old brother, Noel was able to witness the incident but pretended to be asleep because Alejandro would make good his threats.

On Sept. 26, 1998 at 3 a.m., Alejandro again raped Clara which was likewise witnessed by Noel. Alejandro undressed her from waist down and threatened her and her siblings would be killed if she resisted.

Shortly after the second rape incident, Alejandro stayed at the B-Meg barracks where he worked as a laborer. Emboldened by his absence, Clara told her mother of her ordeals which led to the filing of the two criminal cases against Alejandro.

During the hearing, Clara, her mother, Noel and Dr. Salvacion Pantorgo testified in court.

Dr. Pantogro found Clara to be in non-virgin state consistent with the latter's claim that Alejandro had sexual intercourse with her on two occasions.

Alejandro denied having sexual intercourse with Clara on Jan. 1 1998. However, with regard to the Sept. 26, 1998 incident, Alejandro claimed that it was a consensual act considering that he and Clara were sweethearts at that time.

After the trial, the Regional Trial Court rendered a judgment finding Alejandro guilty of two counts of rape, and was sentenced in the first case the penalty of imprisonment from 20 years and 1 day to 40 years of reclusion perpetua and was ordered to pay P50,000 as civil liability, P50,000 as moral damages, and P30,000 as moral damages.

The same penalty was imposed on the second case.

Alejandro appealed the two cases but modified the sentence of reclusion perpetua in each case, by deleting the period of 20 years and one day to 40 years.

Not contented with the decisions, Alejandro appealed to the Supreme Court (sc).

The SC denied the appeal. According to the SC, Alejandro offered his bare and unsubstantiated denial regarding the Jan. 1,998 incident; a weak, negative and self-serving defense which cannot overcome affirmative testimonies from credible witnesses.

With regard to the Sept. 26, 1998 rape incident, the Court was not persuaded that what transpired was consensual intercourse. Alejandro's claim that he and Clara were lovers remained uncorroborated and unsubstantiated. No documentary evidence like mementos, love letters, notes and pictures were presented.

Alejandro's contentions are untenable. Clara was only 13 years old at the time of the rape incidents. At such tender age, she could not be expected to put up a resistance as would be expected from a mature woman. (People vs. Calongui 484 SVRA 76-91 (2006)

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