FACTS: On the evening of March 6, 1979, AAA asked Arsenio Cabanilla to accompany her on her way home since she felt safe with him being the nephew of her husband. Cabanilla agreed. While they were walking through the rice fields, Cabanilla made advances to molest AAA. The latter resisted, forcing the former to strike her left jaw twice and squeeze her neck while being threatened that he will kill her. Cabanilla was able to have carnal knowledge of AAA. Upon reaching home, she immediately told her husband, BBB, of the incident. They went to the house of the Barangay Councilman to report the incident and thereafter, AAA was accompanied for medical examination. Dr. Banez examined her vagina and found moving sperm in her vaginal canal and also noted a contusion on her left jaw and scratched on her neck. A criminal charge was filed against Cabanilla. On his defense, Cabanilla used the sweetheart theory as the basis of his claim that the sexual intercourse between him and AAA on March 6, 1979 was consensual as they were lovers. He denied having forced himself on her and even claimed that they already had six or seven sexual encounters prior to March 6, 1979. To corroborate his sweetheart theory, the defense placed on witness stand Gregorio Bilag, Gerry Velasco and Herminia Cabebe. The RTC found Cabanilla guilty as charged and sentenced him to Reclusion Perpetua. On appeal, the CA affirmed the assailed decision.
ISSUE: Should the sweetheart defense be given credence so as to consider the intercourse consensual?
RULING: NO. The Court is not persuaded by the sweetheart theory claimed by Cabanilla. The sweetheart defense is a much-abused defense that rashly derides the intelligence of the Court. Being an affirmative defense, the invocation of a love affair must be supported by convincing proof. In this case, apart from his self-serving assertions, Cabanilla offered no sufficient and convincing evidence to substantiate his claim that they were lovers and to overcome AAAs spontaneous and credible testimony buttressed by the medico-legal findings. To prop up his defense of an illicit affair, Cabanilla relied on the testimonies of Velasco, Bilag and Herminia. The Court found the story of Cabanillas witnesses wanting of convincing and credible corroboration, mainly for seven reasons: 1. Velasco did not even testify on any intimacy but only on the normal acts of two people "talking nicely" and walking together. 2. No romantic relationship can be deduced from the fact that the two opted to walk from Barangay San Jose to Barangay Rivadavia, where both resided. The Court finds it easier to believe that they walked home together because she trusted Cabanilla as a relative who would protect her from the dangers of the road at nighttime and not for any intimate reason. 3. Bilags lack of knowledge of English is not an excuse for he could have easily relayed such important piece of information in Ilocano. (Bilags testimony was he saw AAA and Cabanilla copulated with each other in the middle of the rice fields and thereafter went on their way walking side-by-side and laughing. Bilag recalled that he gave a written statement before a police investigator explaining that he did not mention in his sworn statement that he saw Cabanilla and AAA make love on March 6, 1979 because he did not understand English. He claimed that he did not know the contents of his written statement when he affixed his signature thereon as they were not translated to him in the Ilocano dialect.) 4. Herminias testimony that he and AAA were sweethearts cannot be given any credence precisely because they are siblings. It is well settled that testimonies of close relatives and friends are necessarily suspect and cannot prevail over the unequivocal declaration of a complaining witness. 5. AAAs swift revelation of the outrage committed against her person bares her firm resolve to immediately vindicate her lost honor and pride and to have the sex molester punished, notwithstanding the inconvenience, ridicule and scandal of a public trial. 6. Cabanilla failed to ascribe, much less prove, any ill motive on the part of AAA that could have compelled her to falsely accuse him of committing the crime. Such failure strengthens her credibility and the validity of the charge. 7. Granting that they were lovers, this fact alone could not have ruled out rape as it did not necessarily mean there was consent. A love affair does not justify rape.