People v Alfanta

FACTS:
While Nita Fernandez was asleep in the residence of a friend at Fort Bonifacio,
a man who she had not seen before suddenly entered the house, pulled her,
boxed her jaw and put his hand on her mouth, and told her that if she does not
obey, he will kill her. She resisted but could not do anything.
Nita was forced to climb a fence, following out of fear of the man because he
was holding a bolo. They ended up in a vacant house where she was told to
undress.
The man then embraced and kissed her and told her to lie down and separate
her legs. The man inserted his penis into her vagina. She was asked to face
down then the man inserted his penis into her anus. She was then asked to turn
around again.
o While this was happening, she was shouting tulungan niyo po ako but
nobody responded.
After turning around, the man inserted his fingers in and out of her private part.
She was told to go near him and lie beside him and not to dress up as
he was going to take a rest.
He told her not to tell anyone saying lahat ng nirape ko ay pinatay ko dahil sa
ayokong may magsumbong
While the man was already sleeping, she got the knife at the waist of the man
and stabbed the man on his chest but the knife broke. So she grabbed the bolo
and hack the man several times.
She dressed up and ran to the signal office of the soldiers and told that she
killed a man and gave them the bolo.
The soldiers and Nita went back to the place and the man was still alive so they
brought him to the hospital. They found out that the man was Rolando Alfanta.
ISSUES:
W/N the TC erred in convicting Alfanta of rape NO
o The testimony of the Nita about the incident is straightforward,
categorical, and relatively free from any serious flaw.
o The defense of Alfanta of the sweetheart theory was not a valid excuse
(parang palusot lang)
What aggravating circumstance should be considered in the crime?
o Night time YES
Alfanta has specially taken advantage of the cover of
darkness to facilitate the commission of the crime without being
recognized.
He abducted Nita and brought her to the abandoned house where
he raped her, assured of the stillness of the sleeping world.
The Court has long held that this aggravating circumstance be
considered when an accused takes advantage of the silence and
darkness of the night to ensure impunity from his illegal act.
o Ignominy YES
The act of ordering Nita to lie face down and while Alfanta
inserted his penis into her anus and the subsequent act of
inserting his finger inside her is considered to be an

aggravating circumstance as means employed or circumstance

brought about which add ignominy (humiliation) to the natural
effects of the act.