People vs Garcines

FACTS :
This case is an appeal of Danieto Garcines, a 62 year-old policeman, a
store owner, who took advantage of his position and had carnal knowledge with
Rosella Tan, a 13 year old, high school student in Ozamis City. That on February 18,
1970, at around 6:00 in the morning, after running an errand of buying a bread, on
her way home, was approached by Garcines and thereby asked Rosella if he can
buy a bread to her. When she was about to open the bag, Garcines said I will just
buy inside the store.
When they were inside the store, Garcines closed the door and commanded Rosalie
to remove her pantie. She was resistant at that moment until Garcines pointed his
pistol hanging on the wall. Out of fear, she removed her panty, thereafter Garcines
bestially carried out his intention. He lifted Rosella on the bench, unzipped his
pants, brought out his organ, raised her dress, held her shoulders and inserted his
organ into her vagina. She felt pain, but did not shout because of extreme fear.
Garcines used the defense of denial, contending that his intention was merely to
buy bread to the victim, and it was impossible that such act be done as his wife was
already awake, preparing foods, etc. He also stressed that many persons in the
vicinity were doing their daily tasks at 6:00 AM, thus, could not have escaped the
keen interest of his neighbors.
ISSUE :

WON the contention has merits which should result to his acquittal.

HELD :
His act of buying bread from her was evidently a ploy or pretext for
asking her to enter his store. ROSELLA WAS NOT A VENDOR OF BREAD. Garcines
could have easily bought bread from the bakery. His behavior revealed that he had
a preconceived design to take advantage of her innocence, physical inferiority and
immaturity. It was his act of enticing the guileless girl to enter his store which was
observed by the neighbors and which led them to conclude. It was also evident on
the medical certificate that Rosella had completely lost her virginity.
Thus, lower courtss decision was affirmed (Guilty of Rape) with modification that
the imdemnity of 5,000 be raised to 10,000.