Republic of the Philippines SUPREME COURT Manila EN BANC G.R. No.

171163 July 4, 2007

PEOPLE OF THE PHILIPPINES, Appellee, vs. MELITON JAL UENA y TA!IOSA, Appellant. DECISION CARPIO MORALES, J.: Accused appellant Meliton !albuena " #adiosa $as cha%&ed $ith %ape of a dau&hte%, a 'ino%,( in an Info%'ation, doc)eted as C%i'inal Case No. *+ +,( befo%e the -ucena Cit" Re&ional #%ial Cou%t, $hich %eads. //// #hat on o% about the 'onth of Au&ust (**+, at Ba%an&a" Ila"an& Nan&)a, in the Municipalit" of #a"abas, P%ovince of 0ue1on, Philippines2,3 and $ithin the 4u%isdiction of this 5ono%able Cou%t, the above na'ed accused, $ith le$d desi&n, b" 'eans of fo%ce, th%eats and inti'idation, did then and the%e2,3 $illfull", unla$full" and feloniousl" have ca%nal )no$led&e of one 2AAA3, his o$n dau&hte%, a 'ino%, (( "ea%s of a&e, 6 a&ainst he% $ill.7 / / / / 89nde%sco%in& supplied: ;%o' the evidence fo% the p%osecution, the follo$in& ve%sion is culled. In the 'o%nin& of Au&ust (*, (**+, $hile he% 'othe% BBB $as out of the house, he% fathe% accused appellant app%oached AAA $hile she $as in bed, pulled do$n he% unde%$ea%, placed hi'self on top of he%, and inse%ted his penis in he% va&ina. She $as $a%ned not to %epo%t the incident to an"one< othe%$ise, so'ethin& bad $ould occu% to he%.= #he incident $as %epeated on t$o othe% occasions, the last of $hich $as in the 'o%nin& and $itnessed b" he% uncle CCC $hile accused appellant $as on top of he%. CCC %epo%ted $hat he sa$ to AAA>s &%andfathe% $ho 'e%el" advised he% to avoid he% fathe%, to an aunt, as $ell as to he% 'othe% BBB $ho %efused to believe it.?

AAA late% 'uste%ed enou&h cou%a&e to na%%ate he% o%deals to t$o class'ates $ho %epo%ted the' to thei% teache%, $ho in tu%n %epo%ted and b%ou&ht he% to the school p%incipal.+ On Septe'be% (6, (**+, D%. Ma%il"n Salu'bides e/a'ined AAA and %educed he% findin&s to $%itin& as follo$s. P.P.E.. No%'al -oo)in& E/te%nal @enitalia Inte%nal E/a' A ad'its tip of fin&e% $ith difficult" Hy"#$ % &$'()' Ba&inal S'ea% ta)en fo% Spe%'ato1oa A NONE SEEN / / / /C 8E'phasis supplied: 5ence, accused appellant>s indict'ent. Accused appellant denied the accusation and &ave his side of the case as follo$s. 5e could not have %aped AAA as his 4ob as a canvasse% of plastic $a%es %eDui%ed hi' to be out of the house 'ost of the ti'e, e/cept on Satu%da"s, albeit he $ould %etu%n ho'e in the afte%noon o% evenin&.E Appellant>s $ife BBB co%%obo%ated his clai'. B%anch ?E of the R#C of -ucena Cit", ho$eve%, found the testi'on" of AAA Fclea%, consistent, di%ect and $ithout an" hesitation $hen conf%onted b" the p%esence of he% o$n abuse%.F* It disc%edited appellant>s defense of alibi, the%e bein& no p%oof that it $as ph"sicall" i'possible fo% hi' to be at the place, date and ti'e of the co''ission of the offense. #he t%ial cou%t thus disposed in its !ud&'ent of Septe'be% ((, 6,,7.(, G5ERE;ORE, accused ME-I#ON !A-B9ENA " #ADIOSA of B&". Ila"an& Nan&)a, #a"abas, 0ue1on, is he%eb" found &uilt" be"ond %easonable doubt of the c%i'e of statuto%" %ape, defined and punished unde% A%ticle 77? of the Revised Penal Code, as a'ended b" R.A. C+?*< and in the absence of an" 'iti&atin& ci%cu'stance and $ith the special a&&%avatin& ci%cu'stances of 'ino%it" and %elationship alle&ed and dul" p%oven b" the p%osecution, Meliton !albuena " #adiosa is he%eb" sentenced to suffe% the e/t%e'e penalt" of DEA#5. ;u%the%, accused is he%eb" o%de%ed to pa" to the offended pa%t", 2AAA3 the a'ounts of PC?,,,,.,,, as civil inde'nit", P?,,,,,.,,, as 'o%al da'a&es, and P6?,,,,.,,, as e/e'pla%" da'a&es.

#he !ail Ga%den, 0ue1on P%ovincial !ail, -ucena Cit", is he%eb" o%de%ed to i''ediatel" delive% the pe%son of Meliton !albuena " #adiosa to the National Bilibid P%isons, Muntinlupa Cit", and to %e'ain the%eat until the penalt" i'posed upon hi' 'a" be se%ved. #he B%anch Cle%) of Cou%t is he%eb" di%ected to fo%$a%d the enti%e %eco%ds of this case to the Sup%e'e Cou%t, Manila, fo% auto'atic %evie$ of the case pu%suant to the p%ovision of A%ticle =C of the Revised Penal Code, as a'ended.(( 8E'phasis in the o%i&inal< unde%sco%in& supplied: #his case $as fo%$a%ded to this Cou%t fo% auto'atic %evie$ in vie$ of the death penalt" i'posed. Pe% People v. Mateo,(6 ho$eve%, this Cou%t %efe%%ed the case to the Cou%t of Appeals b" Resolution of !ul" 6+, 6,,?.(7 #he appellate cou%t, findin& that the testi'on" of AAA is c%edible and f%ee f%o' 'ate%ial inconsistencies and cont%adictions, affi%'ed the !ud&'ent of the t%ial cou%t b" Decision of Nove'be% (E, 6,,?,(= disposin& as follo$s. G5ERE;ORE, p%e'ises conside%ed, the appealed 4ud&'ent dated Septe'be% ((, 6,,7 of the Re&ional #%ial Cou%t of -ucena Cit", B%anch ?E in C%i'inal Case No. *+ +,( findin& ME-I#ON !A-B9ENA " #ADIOSA &uilt" of Statuto%" Rape and sentencin& hi' to suffe% the sup%e'e penalt" of DEA#5 is he%eb" A;;IRMED. In acco%dance $ith A.M. No. ,, ? ,7 SC $hich too) effect on Octobe% (?, 6,,=, a'endin& Section (7, Rule (6= of the Revised Rules of C%i'inal P%ocedu%e, let the enti%e %eco%ds of this case be elevated to the Sup%e'e Cou%t fo% %evie$.(? 8E'phasis in the o%i&inal: 5ence, the p%esent %evie$ of the case. B" Resolution of ;eb%ua%" 6(, 6,,+, this Cou%t %eDui%ed the pa%ties to sub'it Supple'ental B%iefs $ithin 7, da"s f%o' notice if the" so desi%e.(+ Both pa%ties filed thei% %espective Manifestations that the" a%e no lon&e% filin& an" Supple'ental B%iefs.(C In his B%ief filed befo%e the appellate cou%t, accused appellant faulted the t%ial cou%t 8(: fo% convictin& hi' despite the failu%e of the p%osecution to p%ove his &uilt be"ond %easonable doubt and 86: in not conside%in& the info%'ation insufficient to suppo%t a 4ud&'ent of conviction fo% failu%e to state the p%ecise date of the co''ission of the %ape.(E #he second assi&ned e%%o% shall, fo% obvious %easons, fi%st be %esolved. Appellant Duestions as fatall" defective the info%'ation fo% failu%e to alle&e the date and ti'e of the co''ission of the offense cha%&ed, thus violatin& his constitutionall" p%otected %i&ht to be info%'ed of the natu%e and cause of the accusation a&ainst hi' and dep%ivin& hi' of the oppo%tunit" to p%epa%e fo% his defense.

P%io% to its substantial inco%po%ation in the Revised Rules of Cou%t in 6,,,, Section ((, Rule ((, of the Rules of Cou%t, %eads. Sec. ((. Time of the commission of the offense. A It is not necessa%" to state in the co'plaint o% info%'ation the p%ecise ti'e at $hich the offense $as co''itted e/cept $hen the ti'e is a 'ate%ial in&%edient of the offense, but the act 'a" be alle&ed to have been co''itted at an" ti'e as nea% to the actual date at $hich offense $as co''itted as the info%'ation o% co'plaint $ill pe%'it.(* 8E'phasis and unde%sco%in& supplied: In %ape, the &%ava'en of the offense, bein& the ca%nal )no$led&e of a $o'an, the date is not an essential ele'ent, hence, the specification of the e/act date o% ti'e of its co''ission is not i'po%tant. 6, In statuto%" %ape, li)e in this case, $hat 'atte%s 'ost is that the info%'ation alle&es that the victi' is a 'ino% unde% t$elve "ea%s of a&e and that the accused had ca%nal )no$led&e of he%.6( If accused appellant found the info%'ation defective as it bea%s onl" the 'onth and "ea% of the incident co'plained of, he should have filed a Motion fo% Bill of Pa%ticula%s, as p%ovided fo% unde% Rule ((+,66 befo%e he ente%ed a plea. 5is failu%e to do so a'ounted to a $aive% of the defect o% detail desi%ed in the info%'ation.67 Indeed, in the case at ba%, the c%i'inal co'plaint states that the %ape $as co''itted Fon o% about the 'onth of Au&ust (**+.F Such an alle&ation in the c%i'inal co'plaint as to the ti'e of the offense $as co''itted is sufficient co'pliance $ith the p%ovisions of Section ((, Rule ((, of the Revised Rules of C%i'inal P%ocedu%e. Besides, if the appellant $as of the belief that the c%i'inal co'plaint $as defective, he should have filed a 'otion fo% a bill of pa%ticula%s $ith the t%ial cou%t befo%e his a%%ai&n'ent. #he appellant failed to do so. It $as onl" $hen the case $as b%ou&ht to this Cou%t on auto'atic %evie$ that he %aised the Duestion of the supposed insufficienc" of the c%i'inal co'plaint, $hich is no$ too late b" an" %ec)onin&.6= At all events, accused appellant pa%ticipated in the t%ial and neve% ob4ected to the p%esentation of evidence b" the p%osecution that the %ape $as co''itted Fon o% about the 'onth of Au&ust (**+.F Appellant li)e$ise neve% ob4ected to the p%esentation of evidence b" the p%osecution to p%ove that the offenses $e%e co''itted Fon o% about so'eti'e 8sic: (*EC, p%io% and subseDuent the%eto.F 5e cannot no$ p%etend that he $as unable to defend hi'self in vie$ of the va&ueness of the alle&ation in the Information as to $hen the c%i'es $e%e co''itted, as it $as sho$n to the cont%a%" that he pa%ticipated in the t%ial and $as even able to &ive an alibi in his defense.6? 8Italics in the o%i&inal: On the 'e%its, accused appellant assails the c%edibilit" of AAA>s testi'on" that she $as %aped th%ee ti'es, in li&ht of the findin& of D%. Salu'bides that he% h"'en $as intact.

And accused appellant Duestions the p%osecution>s failu%e to p%esent as $itness AAA>s uncle CCC $ho alle&edl" sa$ hi' on top of AAA, $hich failu%e a'ounts to, so he clai's, $illful supp%ession of evidence. In %ape cases, the c%edibilit" of the victi' is al'ost al$a"s the sin&le 'ost i'po%tant issue.6+ If the testi'on" of the victi' passes the test of c%edibilit", the accused 'a" be convicted solel" on that basis.6C Si&nificantl", the t%ial cou%t, passin& on AAA>s c%edibilit", noted. #he c%edibilit" of the testi'on" of the offended pa%t" is put to a st%in&ent test in o%de% that it could be said as c%edible to sustain a conviction. #he Cou%t finds 2AAA>s3 testi'on" to have passed said test. 5e% testi'on" &iven in open cou%t is clea%, consistent, di%ect and $ithout an" hesitation $hen conf%onted b" the p%esence of he% o$n abuse%. It is noted that 2AAA3 had to tell he% sto%" seve%al ti'es A to he% t$o class'ates, to the teache%, the p%incipal, the police, the docto%, the Municipal #%ial Cou%t !ud&e $ho conducted the p%eli'ina%" investi&ation, to the p%osecuto%, to the social $o%)e% and to this Cou%t, in the p%esence of the public and he% fathe%. 5e% testi'on" is one and the sa'e A he% fathe% se/uall" abused he% not once, but th%ice, and that eve%" ti'e she $as sub4ected to this 'alt%eat'ent, he% 'othe% $as out of thei% ho'e, he% fathe% $ould pull do$n he% pant", laid on top of he%, placed his se/ual o%&an into he% o$n p%ivate pa%t and 'ade push and pull, o% %ubbin& 'otions 8binubundol bundol o i)ini)is)is:. Go%se, she $as al$a"s $a%ned not to tell an"one about the incidents o% he% fathe% $ould )ill he%.6E 89nde%sco%in& supplied: Ap%opos is this Cou%t>s ta)in& stoc) of the fact that $hen one accuses a close %elative of havin& %aped he%, as in this case $he%e AAA accused he% ve%" o$n fathe%,6* he% testi'on" is entitled to &%eate% $ei&ht. / / / 2A3 dau&hte% $ould not accuse he% o$n fathe% of a se%ious offense li)e %ape, had she %eall" not been a&&%ieved. 5e% testi'on" a&ainst hi' is entitled to &%eate% $ei&ht, since %eve%ence and %espect fo% elde%s is too deepl" in&%ained in ;ilipino child%en and is even %eco&ni1ed b" la$. / / / #hat she $ould accuse he% o$n fathe% of this heinous c%i'e had she not been a&&%ieved $ould be absu%d.7, 89nde%sco%in& supplied: Accused appellant>s clai' that AAA cha%&ed hi' $ith %ape because he $ould scold he% ve%" often does not i'p%ess. People v. Bidoc inst%ucts. / / / In p%evious cases, this Cou%t held that pa%ental punish'ent o% disciplina%" chastise'ent is not enou&h fo% a dau&hte% in a ;ilipino fa'il" to falsel" accuse he% fathe% of %ape. She $ould not sub4ect he%self to an e/a'ination of he% p%ivate pa%ts, unde%&o the t%au'a and hu'iliation of public t%ial, and e'ba%%ass he%self $ith the need to na%%ate in detail ho$ she $as %aped if she $as not in fact %aped. It ta)es dep%avit" fo% a "oun& &i%l to concoct a tale of deflo%ation, $hich $ould put he% o$n fathe% on death %o$, d%a& he%self and the %est of he% fa'il" to a lifeti'e of sha'e, and 'a)e the' the ob4ect of &ossip a'on& thei% class'ates and f%iends.7( 89nde%sco%in& supplied:

#hat AAA>s h"'en %e'ained intact despite the clai' of th%ee occasions of %ape is not i'possible and does not ne&ate a findin& that the" $e%e co''itted.76 A to%n o% b%o)en h"'en is not an essential ele'ent of %ape, not even $hen the victi' is an innocent child.77 D%. Salu'bides, on c%oss e/a'ination, testified that the%e a%e seve%al classes of h"'en< so'e a%e elastic and fle/ible that even in cases of seve%al delive%ies, the h"'en %e'ains intact.7= As to the failu%e of the p%osecution to p%esent AAA>s uncle CCC and to p%offe% a plausible e/planation the%efo%, a p%osecuto% has the disc%etion, the p%e%o&ative to dete%'ine the $itnesses he is &oin& to p%esent.7? In an" event, the %eco%ds sho$ that on the %eDuest of the p%osecution,7+ seve%al subpoenas7C fo%, as $ell as bench $a%%ants7E a&ainst, CCC $e%e issued. CCC, ho$eve%, had ceased to %eside in Ba%an&a" Ila"an& Nan&)a and his $he%eabouts could not be asce%tained. #he t%ial cou%t in fact even %ep%i'anded on one occasion SPO6 Edilbe%to Con4a%es, the subpoenaH$a%%ant office% of the Philippine National Police in #a"abas, 0ue1on, fo% failu%e to se%ve the subpoena.7* On accused appellant>s alibi, the %ule is settled that fo% it to p%ospe%, it 'ust be established $ith clea% and convincin& evidence not onl" that he $as so'e$he%e else $hen the c%i'e $as co''itted, but also that it $as ph"sicall" i'possible fo% hi' to have been at the scene of the c%i'e at the ti'e of its co''ission.=, #his, accused appellant failed to do. As %eflected above, he ad'itted that afte% $o%), he &oes ho'e in the afte%noon o% ea%l" evenin&.=( #he Dualif"in& ci%cu'stances of 'ino%it" and %elationship $e%e alle&ed and established. 5ence, the death penalt" i'posed b" the t%ial cou%t and affi%'ed b" the Cou%t of Appeals is p%ope%. In vie$, ho$eve%, of the subseDuent enact'ent on !une 6=, 6,,+ of Republic Act No. *7=+, FAn Act P%ohibitin& the I'position of Death Penalt" in the Philippines,F accused appellant 'ust be sentenced to suffe% the penalt" of reclusion perpetua $ithout eli&ibilit" fo% pa%ole.=6 A $o%d on the a$a%d of 'o%al da'a&es. In acco%dance $ith p%evailin& 4u%isp%udence, the a'ount of P?,,,,, $hich $as a$a%ded b" the t%ial cou%t and affi%'ed b" the appellate cou%t, is inc%eased to PC?,,,,.=7 G5ERE;ORE, the assailed Nove'be% (E, 6,,? Decision of the Cou%t of Appeals in CA @.R. CR 5.C. No. ,(=*+ is A;;IRMED $ith MODI;ICA#ION in that in lieu of death penalt", accused appellant, Meliton !albuena " #adiosa, is sentenced to suffe% reclusion perpetua $ithout eli&ibilit" fo% pa%ole, and the a$a%d of P?,,,,, fo% 'o%al da'a&es, is inc%eased to PC?,,,,. SO ORDERED.

CONCHITA CARPIO MORALES Associate !ustice GE CONC9R. RE*NATO S. PUNO Chief !ustice 8ON O;;ICIA- -EABE: LEONAR!O A. +UISUM INGI Associate !ustice CONSUELO *NARESSANTIAGO Associate !ustice MA. ALICIA AUSTRIAMARTINE. Associate !ustice A!OLFO S. A.CUNA Associate !ustice !ANTE O. TINGA Associate !ustice PRES ITERO J. ,ELASCO, JR. Associate !ustice 8On leave: ANGELINA SAN!O,ALGUTIERRE.II Associate !ustice ANTONIO T. CARPIO Associate !ustice RENATO C. CORONA Associate !ustice MINITA CHICO-NA.ARIO Associate !ustice CANCIO C. GARCIA Associate !ustice ANTONIO E!UAR!O . NACHURA Associate !ustice

CER#I;ICA#ION Pu%suant to Section (7, A%ticle BIII of the Constitution, it is he%eb" ce%tified that the conclusions in the above Decision $e%e %eached in consultation befo%e the case $as assi&ned to the $%ite% of the opinion of the Cou%t. RE*NATO S. PUNO Chief !ustice

Foo'$o'#/
I

On Official -eave.

II

On -eave.

Co''itted unde% the then A%ticle 77? of the Revised Penal Code, as a'ended b" RA C+?*, $hich states. AR#. 77?. When and how rape is committed. A Rape is co''itted b" havin& ca%nal )no$led&e of a $o'an unde% an" of the follo$in& ci%cu'stances. (. B" usin& fo%ce o% inti'idation< 6. Ghen the $o'an is dep%ived of %eason o% othe%$ise unconscious< and 7. Ghen the $o'an is unde% t$elve "ea%s of a&e o% is de'ented< #he c%i'e of %ape shall be punished b" reclusion perpetua. //// #he death penalt" shall also be i'posed if the c%i'e of %ape is co''itted $ith an" of the follo$in& attendant ci%cu'stances. (. $hen the victi' is unde% ei&hteen 8(E: "ea%s of a&e and the offende% is a pa%ent, ascendant, steppa%ent, &ua%dian, %elative b" consan&uinit" o% affinit" $ithin the thi%d civil de&%ee, o% the co''on la$ spouse of the pa%ent of the victi'. ////
6

AAA $as bo%n on Dece'be% (,, (*E= pe% he% Ce%tificate of -ive Bi%th, E/hibit FD,F %eco%ds, p. =(?.
7

Id. at 6. Id. at ?C +,, #SN, !une ((, (**C. Id. at ++ +C. Id. at +, +(. E/hibit FA,F %eco%ds, p. =(+. Id. at 7+6 7+E, #SN, Septe'be% 6?, 6,,6. Id. at =7,.

(,

Id. at =6? =77. Id. at =76 =77.

((

(6

@.R. Nos. (=C+CE EC, !ul" C, 6,,=, =77 SCRA +=,. #he case 'odified the pe%tinent p%ovisions of the Revised Rules on C%i'inal P%ocedu%e, 'o%e pa%ticula%l" Section 7 and Section (, of Rule (66, Section (7 of Rule (6=, Section 7 of Rule (6? insofa% as the" p%ovide fo% di%ect appeals f%o' the Re&ional #%ial Cou%ts to the Sup%e'e Cou%t in cases $he%e the penalt" i'posed is death, reclusion perpetua o% life i'p%ison'ent and allo$ed inte%'ediate %evie$ b" the Cou%t of Appeals befo%e such cases a%e elevated to the Sup%e'e Cou%t.
(7

CA rollo, p. ((,.

(=

Id. at ((6 (6+. Penned b" !ustice A'elita @. #olentino $ith the concu%%ence of !ustices Bienvenido -. Re"es and Bicente S.E. Beloso.
(?

Id. at (6? (6+. Rollo, p. (E. Id. at (* 6,, 66 6=. CA %ollo, p. =+.

(+

(C

(E

(*

Section ((, Rule ((, of the 6,,, Revised Rules of C%i'inal P%ocedu%e no$ states. Sec. ((. Date of commission of the offense. A It is not necessa%" to state in the co'plaint o% info%'ation the p%ecise date the offense $as co''itted e/cept $hen it is a 'ate%ial in&%edient of the offense. #he offense 'a" be alle&ed to have been co''itted on a date as nea% as possible to the actual date of its co''ission.
6,

People v. Almendral, @.R. No. (6+,6?, !ul" +, 6,,=, =77 SCRA ==,, =?(< People v. Espinosa, @.R. No. (7EC=6, !une (?, 6,,=, =76 SCRA E+, *6< People v. Pascual, =6E Phil.(,7E, (,=* 86,,6:< People v. Alicante, 7EE Phil. 677, 6?E 86,,,:< People v. Alvero, 7E+ Phil. (E(, (*( 86,,,:< People v. Bu a!on , 7?* Phil. EC,, ECE 8(**E:.
6(

People v. "ilet, =?, Phil. =E(, =EE 86,,7:.

66

Section (,, Rule ((+ of the (*E? Rules of C%i'inal P%ocedu%e, no$ Section *, Rule ((+ of the 6,,, Revised Rules of C%i'inal P%ocedu%e, states.

Section (,. Bill of Particulars. A Accused 'a", at o% befo%e a%%ai&n'ent, 'ove fo% a bill of pa%ticula%s to enable hi' p%ope%l" to plead and to p%epa%e fo% t%ial. #he 'otion shall specif" the alle&ed defects and the details desi%ed.
67

People v. Almendral, sup%a note 6, at =?( =?6. People v. Espinosa, sup%a note 6, at *7. People v. Almendral, sup%a note 6, at =?6.

6=

6?

6+

People v. #ernande$, @.R. No. (C6((E, Ap%il 6=, 6,,C< People v. %orpu$, @.R. No. (+E(,(, ;eb%ua%" (7, 6,,+, =E6 SCRA =7?, ==E.
6C

People v. #ernande$, sup%a< People v. %orpu$, sup%a at ==E< People v. &uam'or, =+? Phil. +C(, +CE 86,,=:.
6E

Reco%ds, pp. =7, =7(.

6*

People v. "erevese, =?C Phil. C6?, C7+ 86,,7:< People v. Briones, =7* Phil. +C?, +C+ 86,,6:< People v. Miasco, =(+ Phil. +(6, +6C 86,,(:< People v. Teves, 7*C Phil. ?7+, ?=6 86,,,:< People v. Ramos, 7E+ Phil. ++6,++C 86,,,:.
7,

People v. Briones, sup%a at +E?. (ide People v. Pan ilinan, @.R. No. (C(,6,, Ma%ch (=, 6,,C< People v. %alderon, ==( Phil. +7=, +=7 +== 86,,6:.
7(

@.R. No. (+*=7,, Octobe% 7(, 6,,+, ?,+ SCRA =E(, =**. People v. &a to, 767 Phil. ?7*, ??( 8(**+:.

76

77

People v. Ballesterol. =7+ Phil. 6C=, 6E6 86,,6:< People v. )omi'ao, 7*( Phil. *(6, *6C 86,,,:< People v. Tirona, 7+, Phil. +((, +6( 8(**E:.
7=

Reco%ds, p. +E, #SN, !une ((, (**C.

7?

%alimutan v. People, @.R. No. (?6(77, ;eb%ua%" *, 6,,+, =E6 SCRA ==, += +?< People v. Re!es, ==C Phil ++E, +CC 86,,7:* )ucas v. %ourt of Appeals, =7E Phil. ?7,, ?=6 86,,6:< People v. &elin, =6* Phil. =E7, =*7 86,,6:< People v. Re+ui$, 7C+ Phil. C?,, C+, 8(***:< People v. ,amiro, 7== Phil. C,,, C(E 8(**C:.
7+

Reco%ds, p. +E, #SN, !une ((, (**C.

7C

Id. at C,, C*, *C, (,?, ((=, (66, (6*, (7?, (==, (?C, (+7, (C(, (C*, (E+, (*+, 6,?, 6(C, 666, 67,, 67E, 6=+, 6??.
7E

Id. at (E6, 6C(.

7*

O%de% dated Au&ust 6C, (**E, %eco%ds, pp. (?( (?6.

=,

People v. Espinosa, sup%a note 6, at (,,. People v. -rilla, @.R. Nos. (=E*7* =,, ;eb%ua%" (7, 6,,=, =66 SCRA +6,, +77< People v. -'ri+ue, =+? Phil. 66(, 6=7 86,,=:.
=(

Reco%ds, p. 7++, #SN, Septe'be% 6?, 6,,6.

=6

(ide People v. Bidoc, sup%a note 7(< People v. Tu'on 'anua, @.R. No. (C(6C(, Au&ust 7(, 6,,+, ?,, SCRA C6C< People v. .uiachon, @.R. No. (C,67+, Au&ust 7(, 6,,+, ?,, SCRA C,=< People v. /alome, @.R. No. (+*,CC< Au&ust 7(, 6,,+, ?,, SCRA +?*.
=7

People v. #ernande$, sup%a note 6?< People v. &uillermo, Ap%il 67, 6,,C< People v. Pan ilinan, supra note 7,. #he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT ;IRS# DIBISION G.R. No. 120201 S#2'#"3#4 14, 2000

PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. E!GAR!O ALORO, accused appellant. !A,I!E, JR., J.5 Accused appellant Ed&a%do Alo%o 8he%eafte% ED@ARDO: appeals f%o' the decision ( of 6 Dece'be% (**+ of the Re&ional #%ial Cou%t of Iloilo Cit", B%anch 77, in C%i'inal Cases Nos. =((6( and =6,CC findin& hi' &uilt" of t$o counts of %ape. On 6? !ul" (**7, a co'plaint fo% %ape,6 si&ned b" Salen Se%a'e 8he%eafte% SA-EN: $ith the assistance of he% 'othe% Ma%"lene and app%oved b" the P%ovincial P%osecuto%, $as filed $ith the Re&ional #%ial Cou%t of Iloilo Cit" and doc)eted as C%i'inal Case No. =((6(. SubseDuentl", t$o additional co'plaints fo% %ape $e%e filed a&ainst ED@ARDO, $hich $e%e doc)eted as C%i'inal Cases Nos. =6,CC7 and =6,CE.= ED@ARDO ente%ed a plea of not &uilt" in each case. #he th%ee c%i'inal cases $e%e the%eafte% consolidated and 4ointl" t%ied. #he evidence fo% the p%osecution established the follo$in& facts. ED@ARDO is SA-ENJs uncle in la$, bein& the husband of he% 'othe%Js siste% Ma%&ie Alo%o. In the ea%l" evenin& of (= Ma" (**7, SA-EN, then fifteen "ea%s old, and he% t$o "oun&e% b%othe%s $e%e attendin& a $a)e. 5e% aunt Ma%&ie and ED@ARDO $e%e also at the $a)e. ED@ARDO inst%ucted SA-EN to acco'pan" he% aunt Ma%&ie bac) ho'e. SA-EN obli&ed. She, he% "oun&e% b%othe% and he% aunt fo%th$ith p%oceeded to the latte%Js house. Ghen ED@ARDO &ot ho'e he %eDuested SA-EN to sleep that ni&ht $ith he% aunt because the latte% $ould be left alone. SA-EN %efused, and he% aunt then told ED@ARDO to esco%t SA-EN ho'e. SA-ENJs b%othe% chose to sta" behind. ? Befo%e leavin&, SA-EN sa$ ED@ARDO a%' hi'self $ith a butche%Js )nife and a &un. It $as a%ound *.,, P.M. $hen the" p%oceeded to $al). ED@ARDO told SA-EN that the" $ould be passin& b" the hill $he%e anothe% aunt lived. As the" %eached a banana field ED@ARDO th%ust his )nife at he% and $a%ned he% not to shout. She $as led to a su&a%cane plantation $he%e ED@ARDO %e'oved all he% clothes. She $as told to lie do$n on the to$el he b%ou&ht alon&. ED@ARDO %e'oved his clothes e/cept his unde%$ea%. ED@ARDO )issed he% face and 'ashed he% b%easts. 5e told he% to sp%ead he% thi&hs, but she %efused. 5e thus fo%ced he% le&s apa%t and then too) out his penis and inse%ted it in he% va&ina. She felt pain. SA-EN %esisted b" st%u&&lin& and )ic)in& hi', but all p%oved to no avail. As ED@ARDO laid on top of he% he $as pantin& and pu'pin& he%.+

SA-EN pleaded to ED@ARDO to stop, since she had to u%inate. She $as able to %elieve he%self $hile he &ua%ded he%. She $as 'ade to lie do$n a&ain, and fo% the second ti'e ED@ARDO %aped he%. She felt pain once 'o%e in he% va&ina. A&ain, she as)ed hi' to stop because she had to defecate. ED@ARDO obli&ed. She thou&ht of %unnin& a$a", but she $as unde% his &ua%d. Ghen she $as done, ED@ARDO t%ied inse%tin& his o%&an a&ain in SA-ENJs va&ina, but since it $as no lon&e% e%ect it could onl" penet%ate sli&htl". ED@ARDO the%eupon o%de%ed he% to &et d%essed.C It $as a%ound 6.,, A.M. the follo$in& da" $hen SA-EN and ED@ARDO $al)ed bac) to his house. 5e $a%ned he% not to tell an"one of the incident, othe%$ise he $ould )ill he%. No one $as ho'e $hen the" a%%ived. Ma%&ie had ea%lie% left to loo) fo% the', and upon he% %etu%n she $as $ith he% uncle Ra"'und. As soon as she sa$ ED@ARDO, Ma%&ie t%ied to hac) hi' $ith a sc"the. ED@ARDO e/plained that he decided to pass b" the houses of th%ee $o'en f%iends, but all thei% houses $e%e al%ead" loc)ed. SA-EN $as thus b%ou&ht ho'e b" Ra"'und. Du%in& thei% $al) ho'e, SA-EN %evealed to Ra"'und that ED@ARDO had %aped he%. 9pon %eachin& ho'e, Ra"'und info%'ed SA-ENJs &%and'othe%, Alicia Pasi&a", $hat SA-EN had told hi'. Alicia i''ediatel" %epo%ted the 'atte% to the police.E SA-EN $as initiall" e/a'ined b" D%. Ed&a% Ando%a, a docto% at the P%ovincial 5ospital, $ho found neithe% e/te%nal in4u%ies no% spe%'ato1oa in he% &enitalia. * An e/a'ination b" D%. Rica%do 5. !aboneta, an NBI 'edico le&al office%, disclosed that althou&h SA-ENJs h"'en $as intact,(, the h"'enal o%ifice $as st%etched and could ad'it $ith ease a &lass tube $ith a (.? centi'ete% dia'ete%, indicatin& an inse%tion the%ein. 5e concluded that SA-EN had se/ual inte%cou%se and $as no lon&e% a vi%&in.(( SPO= Pet%onilo Sue%o, the office% assi&ned to a%%est ED@ARDO, testified that afte% his sea%ch fo% the latte% at the latte%Js house and nei&hbo%hood failed, he, b" chance, spotted ED@ARDO aboa%d a t%ic"cle and he &ave chase. Ghen the t%ic"cle stopped, he noticed a lu&&a&e nea% ED@ARDO. 5e then invited ED@ARDO fo% Duestionin&< and upon inspection of the lu&&a&e, he found a pistol inside. ED@ARDO, ho$eve%, diso$ned the lu&&a&e.(6 #he evidence fo% the defense disclosed that in the evenin& of (= Ma" (**7, ED@ARDO and his $ife Ma%&ie, as $ell as SA-EN, $e%e at a $a)e. Ma%&ie, ho$eve%, $ent ho'e ahead of ED@ARDO, acco'panied b" SA-EN. ED@ARDO $ent ho'e so'e hou%s late%. 9pon seein& that SA-EN $as $ith his $ife he told the latte% that he $as &oin& bac) to the $a)e. SA-EN $anted to &o $ith hi' to the $a)e, but he %efused and as)ed he% to )eep he% aunt co'pan". 5e left the house alone. So'e 'inutes late%, SA-EN sou&ht pe%'ission to pla" bin&o at the $a)e and then left.(7 Befo%e &oin& bac) to the $a)e, ED@ARDO $ent f%o' one sto%e to anothe% to bu" a ci&a%ette, but all sto%es $e%e closed. Afte% $al)in& 'o%e than fou% )ilo'ete%s, he decided to &o ho'e instead. 5e could not $al) b%is)l" because of a %ecent su%&e%" on his %i&ht foot< hence, it $as al%ead" a%ound 'idni&ht $hen he a%%ived ho'e. #o his su%p%ise, the%e $as nobod" ho'e. 5e then la" do$n, as he felt di11" and sleep". Afte% an hou%, he $as

a$a)ened b" a 'ove'ent. 5e sa$ SA-EN also l"in& do$n at the othe% co%ne% of the house. Ghen inDui%ed $he%e Ma%&ie $as, SA-EN %eplied that she $as at a hill, $he%e she too had 4ust co'e f%o'. 5e $ent bac) to sleep.(= Ghen Ma%&ie a%%ived and sa$ hi', she p%oceeded to attac) hi'. She %epeatedl" de'anded to )no$ $hat he had done to SA-EN. 5e denied doin& an"thin&. SA-EN $as a$a)ened, and su&&ested to let ED@ARDO e/plain fi%st. Ma%&ie cal'ed do$n. SA-EN $as late% su''oned b" he% uncle Ra"'und, and the t$o left fo% ho'e.(? Ma%&ie $as still asleep $hen ED@ARDO left the house the follo$in& 'o%nin& to &o to his pa%entsJ house. 5e fi%st %ode a bus and then boa%ded a t%ic"cle. #he%e $e%e t$o othe% passen&e%s in the t%ic"cle, and ED@ARDO $as seated behind the d%ive%. 5e had no lu&&a&e $ith hi', but he sa$ one %estin& at the feet of one of the passen&e%s. 5e failed to %each his pa%entsJ house because the t%ic"cle $as stopped b" the police, acco'panied b" his 'othe% in la$.(+ Ghen inte%%o&ated, ED@ARDO denied o$nin& the lu&&a&e found in the t%ic"cle and the &un hidden in it. Neve%theless, he $as b%ou&ht to the police station. Ma%&ie follo$ed hi' the%e. At the station, the spouses hea%d SPO( @o%&onio @aleno as) SA-EN $hethe% she $as %aped, and SA-EN ans$e%ed in the ne&ative. SA-EN $as %eDui%ed to unde%&o a ph"sical e/a'ination.(C Acco%din& to SPO( @aleno, at a late% date ED@ARDOJs $ife sou&ht fo% a 'eetin& $ith SA-ENJs 'othe% and &%and'othe% to settle the case. At the 'eetin& p%esided ove% b" hi', SA-ENJs &%and'othe% decla%ed that ED@ARDO could onl" be %eleased f%o' 4ail if he $ould leave Ma%&ie unde% he% ca%e and he $ould &o to Manila to loo) fo% a 4ob. Ma%&ie %e4ected the a%%an&e'ent, and no settle'ent $as %eached.(E ED@ARDO $as, ho$eve%, una$a%e of an" ne&otiation to settle his case. 5e ad'itted that he $as not in &ood te%'s $ith his 'othe% in la$ 8SA-ENJs &%and'othe%:, $ho had al$a"s $anted his $ife to sepa%ate f%o' hi' so she could &o to Sin&apo%e.(* #he t%ial cou%t &ave c%edence to SA-ENJs sto%". It debun)ed ED@ARDOJs ve%sion, fo% it found inc%edible that a pe%son $hose foot $as in pain $ould $al) alone at ni&ht loo)in& fo% ci&a%ettes $hen it is co''on )no$led&e that p%ovincial sto%es close ea%l" in the evenin&. It held that the atte'pt of ED@ARDOJs $ife to settle the case th%ou&h the inte%cession of a police office%, and his fli&ht afte% the %ape incidents cast doubt on ED@ARDOJs innocence. It then convicted ED@ARDO of t$o counts of %ape afte% findin& that the p%osecution failed to establish the consu''ation of the thi%d %ape. Acco%din&l", it sentenced hi', fo% each count, to suffe% the penalt" of %eclusion pe%petua and to pa" co'plainant Salen Se%a'e 8a: P?,,,,, as civil inde'nit"< 8b: P?,,,,, as 'o%al da'a&es fo% the ph"sical suffe%in& and 'ental an&uish she suffe%ed< and 8c: P6?,,,, as e/e'pla%" da'a&es a$a%ded b" $a" of e/a'ple o% co%%ection fo% the public &ood.

ED@ARDO seasonabl" appealed the decision to us. In the AppellantJs B%ief he contends that the t%ial cou%t e%%ed in I . . . NO# AC09I##IN@ 25IM3 ON #5E BASIS O; #5E #ES#IMONIES O; #5E EKAMININ@ P5LSICIANS #5A# #5ERE GAS NO EBIDENCE O; EK#ERNA- P5LSICA- IN!9RIES. II . . . NO# @IBIN@ CREDENCE #O #5E #ES#IMONL O; PO-ICE INBES#I@A#OR @RE@ORIO @A-ENO #5A# #5E COMP-AINAN# IN;ORMED 5IM D9RIN@ #5E IN#ERBIEG #5A# S5E GAS NO# RAPED. III . . . CONBIC#IN@ 25IM3 ON #5E SO-E 9NCORROBORA#ED #ES#IMONL O; SA-EN SERAME. IB . . . NO# @IBIN@ CREDENCE #, #5E #ES#IMONL O; MAR@IE A-ORO #5A# #5E CASE A@AINS# 5ER 59SBAND GAS ;I-ED BECA9SE 5ER MO#5ER GAN#ED 5ER #O SEPARA#E ;ROM 25IM3. In the B%ief fo% the Appellee, the Office of the Solicito% @ene%al %eco''ended that ED@ARDOJs conviction be affi%'ed in toto on the basis of the lone testi'on" of the victi' not$ithstandin& the absence of in4u%ies. Ge find no 'e%it in the appeal. It is funda'ental that in the %evie$ of %ape cases $e a%e &uided b" the follo$in& p%inciples. 8(: an accusation fo% %ape can be 'ade $ith facilit"< it is difficult to p%ove but 'o%e difficult fo% the pe%son accused, thou&h innocent, to disp%ove it< 86: in vie$ of the int%insic natu%e of the c%i'e $he%e t$o pe%sons a%e usuall" involved, the testi'on" of the co'plainant 'ust be sc%utini1ed $ith e/t%e'e caution< and 87: the evidence fo% the p%osecution 'ust stand o% fall on its o$n 'e%its and cannot be allo$ed to d%a$ st%en&th f%o' the $ea)ness of the evidence fo% the defense.6, #he pa%a'ount issue in %ape cases is the c%edibilit" of the $itnesses. #he dete%'ination the%eof lies $ith the t%ial cou%ts, $hich have the oppo%tunit" to obse%ve the $itnessesJ depo%t'ent and 'anne% of testif"in&. As a &ene%al %ule, $e do not distu%b the findin& and conclusion of the t%ial 4ud&e on the c%edibilit" of the $itnesses unless the%e e/ists a fact o% ci%cu'stance of $ei&ht and influence $hich has been i&no%ed o% 'isconst%ued. #hus, the

t%ial cou%tJs findin& on the 'atte% is acco%ded the hi&hest de&%ee of %espect and $ill not be distu%bed on appeal.6( In the instant case, the t%ial cou%t adopted the ve%sion of the p%osecution that SA-EN $as t$ice %avished b" ED@ARDO. It app%eciated the innocent and st%ai&htfo%$a%d 'anne% b" $hich SA-EN testified. It is doct%inall" settled that the lone testi'on" of a %ape victi', b" itself, is sufficient to convict if c%edible.66 EDuall" settled is the p%inciple that $hen a $o'an decla%es that she has been %aped she sa"s in effect all that is necessa%" to 'ean that she has been %aped, and $he%e he% testi'on" passes the test of c%edibilit" the accused can be convicted on the basis the%eof.67 #his is because f%o' the natu%e of the c%i'e the onl" evidence that can be offe%ed to establish the &uilt of the accused is the co'plainantJs testi'on". Indeed, no $o'an $ould openl" ad'it that she $as %aped and conseDuentl" sub4ect he%self to an e/a'ination of he% p%ivate pa%ts, unde%&o the t%au'a and hu'iliation of a public t%ial and e'ba%%ass he%self $ith the need to na%%ate in detail ho$ she $as %aped, if she $as not in fact %aped.6= #his %ulin& especiall" holds t%ue $he%e the co'plainant is a 'ino%, $hose testi'on" dese%ves full c%edence.6? ED@ARDOJs insistence that SA-EN denied havin& been %aped b" hi' $hen she &ave he% state'ent to the police does not pe%suade us. In he% testi'on" SA-EN e/plained that at that ti'e she $as not a$a%e that she $as actuall" a victi' of %ape and he% feelin& of sha'e %est%ained he% f%o' %evealin& he% o%deal, thus. 0 It is clea% no$ that "ou $e%e as)ed b" Pat. @o%&onio Deano one of the investi&ato%s in the Din&le PNP $hethe% "ou $e%e %aped o% not and "ou ans$e%ed Pat. @o%&onio DeaMo that "ou $e%e not %aped and afte% the NBI e/a'ination "ou no$ $ent a&ain to the police station and told Pat. Antonio -a%ano that "ou $e%e %aped, is that $hat happenedN A At fi%st $hen I $ent to the Din&le Police Station, I told the' that Ed&a%do Alo%o onl" touched '" all 2sic3 pa%ts of '" bod" because I did not e/pect that he $as able to dive%&eni1e 2sic3 'e. I did not %eall" )no$ if he $as able to se/ual inte%cou%se 2sic3 $ith 'e but then I told the' I donJt )no$. A##L SANDICO. And it $as this @o%&onio DeaMo $ho' "ou told that "ou did not )no$ $hethe% "ou $e%e %aped b" Ed&a%do Alo%o o% not, it $as this @o%&onio Deano, is that co%%ectN A Les, si%.

;ISCA- AM9-AR

I $ant to as) "ou ve%" clea%l" Salen, $h" did "ou sa" that "ou a%e not su%e $hethe% "ou $e%e %aped b" "ou% 9ncle o% notN Gh" did "ou sa" that $hen "ou $e%e as)ed b" the defense counselN A I donJt )no$ if he $as able to penet%ate, but I donJt )no$ if he $as able to dive%&eni1e 2sic3 'e. 0 Ghat do "ou unde%stand b" $hen "ou sa" F&inbul&an and pa&)atao 'oF and "ou $e%e dive%&eni1ed 2sic3N A 0 A 0 A If he $as able to dest%o" '" vi%&init". Ghat do "ou 'ean b" that, $ould "ou e/plain to this 5ono%able Cou%tN If his penis $as able to penet%ate '" va&ina. Ge%e "ou not a$a%e of the factN I )ne$ it.

0 Gh" do "ou doubt befo%e this 5ono%able Cou%t, $hethe% "ou% vi%&init" $as dest%o"ed o% notN A 0 A Because I $as asha'ed to tal) about it the%e. Gh" $e%e "ou asha'ed to tal) about itN Because it $as still f%esh at that ti'e.6+

ED@ARDO $as p%osecuted unde% A%ticle 77? of the Revised Penal Code. #he%eunde%, the%e is %ape $hen a 'an has ca%nal )no$led&e of a $o'an $ith the use of fo%ce o% inti'idation.6C ED@ARDOJs acts of th%ustin& the )nife at SA-EN and th%eatenin& to shoot he% $ith his &un6E undeniabl" constituted such inti'idation as to p%oduce fea% in SA-ENJs 'ind of the conseDuences that 'i&ht befall he% should she %efuse. Needless to state, the inti'idation e'plo"ed b" ED@ARDO $as ove%po$e%in& to SA-ENJs 'ind and pe%ception, conside%in& that she $as then a 'ino% and he% a&&%esso% $as he% uncle. 5e% sub'ission to his evil deed $ith little %esistance e/plained the absence of e/te%nal in4u%ies. ED@ARDOJs a%&u'ent that SA-EN bo%e no in4u%" is i%%elevant. In p%ovin& %ape it is not necessa%" that the act $as co''itted $ith &enital in4u%". 6* And a findin& that the victi'Js h"'en is intact, as in SA-ENJs case, does not disp%ove %ape.7, In fact, a 'edical e/a'ination is not indispensable in the p%osecution fo% %ape. 7( Nonetheless, the NBI 'edico le&al office% suppo%ted the findin& of %ape. 5e concluded that SA-EN had se/ual inte%cou%se and $as not a vi%&in an"'o%e.76

Neithe% a%e $e convinced b" ED@ARDOJs asse%tion that the %ape cha%&es a&ainst hi' $e%e filed to acco'plish his 'othe% in la$Js desi%e to have hi' sepa%ated f%o' his $ife. 5is and his $ifeJs e/planations a%e self se%vin& and un$o%th" of belief. It is inconceivable fo% a &%and'othe% to e/pose he% &%anddau&hte% of innocent a&e to the hu'iliation and o%deal of a public t%ial of %ape unless the cha%&e is t%ue. It is even 'o%e inconceivable that SA-ENJs 'othe% $ould let he% e/pe%ience the said o%deal in the absence of an" indication that SA-ENJs 'othe% ha%bo%ed an" ill $ill a&ainst ED@ARDO. ;inall", the%e is at all no evidence of an" i'p%ope% o% ulte%io% 'otive on the pa%t of SA-EN $hich 'i&ht have co'pelled he% to testif" falsel" a&ainst ED@ARDO. Ghe%e the%e is no evidence to sho$ a doubtful %eason o% i'p%ope% 'otive $h" a p%osecution $itness should testif" a&ainst the accused o% falsel" i'plicate hi' in a c%i'e, the said testi'on" is t%ust$o%th".77 Mo%eove%, da'a&in& to the defense is the ad'ission of its $itness SPO( @o%&onio @aleno that ED@ARDOJs $ife app%oached hi' to 'ediate a settle'ent of the case. #$o 'eetin&s $e%e a%%an&ed fo% such pu%pose. ED@ARDO did not diso$n but clai'ed i&no%ance of the atte'pts 'ade b" his $ife to settle the case $ith his in la$s. Cu%iousl", he failed to assi&n as e%%o% the findin& and conclusion of the t%ial cou%t on that issue, and no$he%e $as it %aised in the AppellantJs B%ief. In c%i'inal cases an offe% to co'p%o'ise b" the %elatives of the accused is tanta'ount to an i'plied ad'ission of &uilt.7= G5ERE;ORE, the assailed decision of 6 Dece'be% (**+ in C%i'inal Cases Nos. =((6( and =6,CC of the Re&ional #%ial Cou%t, Iloilo Cit", B%anch 77, findin& accused appellant ED@ARDO A-ORO &uilt" be"ond %easonable doubt of t$o counts of %ape and sentencin& hi' in each case to suffe% the i'p%ison'ent penalt" of %eclusion pe%petua and pa" the offended pa%t" Salen Se%a'e the su's of P?,,,,, as inde'nit"< P?,,,,, as 'o%al da'a&es< and P6?,,,, as e/e'pla%" da'a&es is A;;IRMED in toto. Costs a&ainst accused appellant. SO ORDERED. Puno, 0apunan and Pardo, ,,., concu%. 1nares2/antia o, ,., is on leave.

Foo'$o'#/5

O%i&inal Reco%d 8OR:, 7=+ 7S*< Rollo, 6? 7C. Pe% !ud&e ;lo%entino P. Ped%onio. Id, (< Id, ((. OR, C%i'inal Case No. =6,CC, 6. OR, C%i'inal Case No. =6,CE, (. #SN, E Nove'be% (**7, (+ 6,. Id., 6( 6E< #SN, ( Dece'be% (**7, (E, 6=. #SN, E Nove'be% (**7, 6E 7(. Id, 76 7=. E/hibit F7F< OR, 7=6. E/hibit FAF< OR, +. #SN, E Nove'be% (**7, ? C< #SN, (7 Dece'be% (**7, * (,. #SN, ? !anua%" (**=, (? 6,, 6=. #SN, 7( !anua%" (**=, 67 6E< (* !anua%" (**=, (, (=. #SN, 7( !anua%" (**=, 6E 7C. Id., 7* =6< (* !anua%" (**=, 6? 6C. #SN, 7( !anua%" (**=, =6 =E. Id., =E ?,< (* !anua%" (**=, 7? 7+< (, !anua%" (**=, (? (E. #SN, (, !anua%" (**=, (E 6(. Id., ?7 ?=< (* !anua%" (**=, =.

(,

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(7

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6,

People v. De &u$man, 6+? SCRA 66E, 6=( 2(**+3< People v. A'recino$, 6E( SCRA ?*, C( 2(**C3< People v. A'an in, 6*C SCRA +??, ++7 ++= 2(**E3.
6(

People v. Malunes, 6=C SCRA 7(C, 76= 2(**?3< People v. &refaldia, 6C? SCRA ?*(, +,( 2(**C3< People v. A'an in, sup%a note 6,, at ++=.
66

People v. Delovino, 6=C SCRA +7C, +?, 2(**?3< People v. Antido, 6CE SCRA =6?, ==, 2(**C3.

67

People v. &a to, 6?7 SCRA =??, =+C 2(**+3< People v. Antido, sup%a note 66< People v. A'an in, sup%a note 6,, at ++=.
6=

People v. &a to, sup%a, at =+E< People v. A'recino$, sup%a note 6,, at C6< People v. #undano, 6*( SCRA 7?+, 7+E 2(**E3.
6?

People v. &a to, sup%a note 67< People v. )eoterio, 6+= SCRA +,E, +(C 2(**+3< People v. A'an in, sup%a note 6,, at ++?.
6+

#SN, (7 Dece'be% (**7, 7, 76. People v. Dia$, 6+6 SCRA C67, C7, 2(**+3. #SN, ( Dece'be% (**7, 6+, 6C.

6C

6E

6*

People v. Tismo, 6,= SCRA ?7?, ??+ 2(**(3< People v. Bantisil, 6=* SCRA 7+C, 7C( 7CE 2(**?3< People v. %onde, 6?6 SCRA +E(, +E* +*, 2(**+3.
7,

People v. Tismo, sup%a note 6*< People v. &a to, sup%a note 67, at =+=< People v. Ba! ar, @.R No. (7667E, (C Nove'be% (***.
7(

People v. Delovino, note 66< People v. Bernalde$, 6*= SCRA 7(C, 77= 2(**E3. E/hibit FA,F sup%a note (,< #SN, E Nove'be% (**7, + C.

76

77

People v. &a to, sup%a note 67, at =+E< People v. )eoterio, sup%a note 6?, at +(E< People v. A'an in, sup%a note 6,, at ++?.
7=

Pa%a&%aph 6, Section 6C, Rule (7,, Rules of Cou%t, People v. De &u$man, sup%a note 6,, at 6=?< People v. Dia$, sup%a note 6C, at C77. #he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT Manila

EN BANC G.R. No. 132136 July 14, 2000

PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. ROLAN!O A* A!O, accused appellant. DECISION PUNO, J.: Accused Rolando Ba"bado stands cha%&ed $ith the c%i'e of Rape in an Info%'ation ( dated Au&ust (?, (**?, co''itted as follo$s. F#hat on o% about the (=th da" of Ma", (**=, in the Municipalit" of Ra'on, P%ovince of Isabela, Philippines, and $ithin the 4u%isdiction of this 5ono%able Cou%t, the said accused, did then and the%e, $illfull", unla$full" and feloniousl", b" 'eans of fo%ce and inti'idation and $ith le$d desi&ns, have ca%nal )no$led&e $ith his o$n dau&hte% 5elen O. Ba"bado, a&ainst the latte%>s $ill and consent. CON#RARL #O -AG.F 9pon a%%ai&n'ent, appellant pleaded not &uilt" to the offense cha%&ed, hence, t%ial ensued. Evidence fo% the p%osecution sho$s that on the ni&ht of Ma" (=, (**=, appellant Rolando and his child%en, na'el", Rud", Ronald, Re'i&io, C%istina, #e%esita, and he%ein co'plainant, 5elen, had 4ust finished eatin& suppe% at thei% house at Bu&allon No%te, Ra'on, Isabela. Au%elia Ob%a Ba"bado, $ife of appellant and 'othe% of co'plainant, $as not ho'e at that ti'e because she $as ha%vestin& pala" at Muno1, Nueva Eci4a $he%e she has been sta"in& fo% the past t$o $ee)s. #he fa'il" $atched #B fo% a $hile and at (,.,, p.'., the" all $ent to sleep on a 'at sp%ead out in the sala. 5elen sta"ed bet$een he% t$o siste%s, C%istina and #e%esita, $hile appellant slept at the fa% end beside his "oun&est son Re'i&io. At about (6.,, 'idni&ht, 5elen felt appellant t%ansfe% beside he%, and then sha%ed he% blan)et and %aised he% d%ess. At that point, 5elen t%ied to push appellant a$a" f%o' he% but could not because she $as l"in& flat on he% bac). Appellant %e'oved he% pant" and then he %e'oved his sho%ts, 'ashed he% b%easts and had se/ual inte%cou%se $ith he%. 5elen st%u&&led $ith appellant but the latte% %epeatedl" pinched he%. She c%ied but she could not shout because appellant $as )issin& he% on the lips. Afte% satisf"in& his lust on 5elen, appellant $a%ned he% not to tell an"one about the incident othe%$ise he $ould )ill he% and he% 'othe%, b%othe%s and siste%s. #hen appellant 'oved bac) to his place and slept. 5elen could onl" c%" he%self to sleep.

On Ma" (+, (**=, 5elen $as at the house of he% e'plo"e%, M%s. Sa&un, $he%e she $o%)ed as a bab" sitte% du%in& Satu%da"s and Sunda"s, $hen appellant a%%ived, appa%entl" d%un), and o%de%ed he% to &o ho'e. Af%aid of $hat he 'i&ht do to he% a&ain, 5elen %efused. Bisibl" i%)ed, appellant scolded 5elen and sta%ted to pinch he% as she clun& to M%s. Sa&un. Afte% a $hile, appellant $as fo%ced to leave $hen he %eali1ed that he could not convince 5elen to &o $ith hi'. 9nable to )eep he% silence an" lon&e%, 5elen %evealed to M%s. Sa&un that he% fathe% had %aped he%. #hat sa'e da", M%s. Sa&un info%'ed 5elen>s &%and'othe%, Concepcion Ob%a, about the incident. Concepcion then tal)ed to he% dau&hte% Au%elia, but the latte% si'pl" i&no%ed he%. #he 'edical %epo%t sub'itted b" D%a. Rosel"n Dadu%al $ho e/a'ined the victi' on Ma" (C, (**= sho$s the follo$in& findin&s. FIE O 5"'en old lace%ations at 7.,,, ?.,,, C.,,, (.,, P ((.,, position ....O 5e'ato'a poste%io% aspect a%' left ....O Ad'its t$o fin&e%s easil" $ithout pain ....O Ab%asions left hand.F6 D%a. Dadu%al e/plained that the old healed lace%ations on diffe%ent positions could 'ean that 5elen has been abused seve%al ti'es in the past, althou&h it is possible that 'ultiple lace%ations on diffe%ent positions could also be inflicted on a $o'an havin& he% fi%st se/ual encounte%. #he ab%asions and he'ato'a on 5elen>s poste%io% left a%' could have been caused b" fo%ce used du%in& the inte%cou%se $hile the victi' $as in a l"in& position. On Ma" (E, (**=, 5elen, acco'panied b" he% &%and'othe% and M%s. Sa&un, $ent to the police station at Bu&allon Gest, Ra'on, Isabela $he%e she e/ecuted a s$o%n state'ent. 7 As soon as appellant ca'e to )no$ that 5elen had filed a co'plaint a&ainst hi', he hu%%iedl" left fo% Muno1, Nueva Eci4a. A $ee) late%, his enti%e fa'il", e/cept 5elen, follo$ed. 5elen $as b%ou&ht b" he% &%and'othe% to PAMANA, an o%phana&e at -a Salette, Santia&o Cit", $he%e she continues to sta" up to the p%esent. 5elen, $ho $as (? "%s. old at the ti'e of the incident, = testified on c%oss that appellant %aped he% seve%al ti'es in the past sta%tin& $hen she $as onl" (7 o% (= "ea%s old, but that she failed to disclose this to he% 'othe% because of appellant>s th%eat that he $ould )ill the'. Neve%theless, $hen he% 'othe% ca'e to )no$ about the Ma" (= %ape incident, she %efused to believe 5elen>s sto%" and even th%eatened to diso$n 5elen. Appellant, on the othe% hand, denied that he $as at thei% house at Bu&allon, Ra'on, Isabela on that fateful da". 5e testified that he $o%)ed as a fa%' helpe% at the fa%' of a ce%tain Bo"et ;e%nando in Muno1, Nueva Eci4a f%o' (**6 up to (**+< that not once did he &o ho'e to Bu&allon, Ra'on, Isabela du%in& this enti%e pe%iod because he had so 'uch $o%) to do and it $as his $ife $ho visited hi' in Nueva Eci4a< that he $ent bac) to Bu&allon onl" in (**+ afte% his $ife told hi' that a case had been filed a&ainst hi'<

that he su%%ende%ed to Qa&a$ad Cesa%io Pe'pil of Bu&allon $ho acco'panied hi' to the Municipal hall< and that 5elen filed a %ape case a&ainst hi' upon the p%oddin& of his in la$s $ho did not li)e hi' because he $as poo% and could not p%ovide fo% his fa'il". Appellant>s $ife, Au%elia, and dau&hte%, C%ist", sou&ht to co%%obo%ate his testi'on" and alle&ed that on Ma" (=, (**=, 5elen $as sta"in& at M%s. Sa&un>s house $he%e she $o%)ed as a bab" sitte%. Au%elia fu%the% testified that 5elen filed this case a&ainst appellant because he $hipped and scolded he% eve%" ti'e she ca'e ho'e late. On Nove'be% 6=, (**C, the Re&ional #%ial Cou%t, Second !udicial Re&ion, Santia&o Cit", B%anch 6(, %ende%ed a decision findin& appellant Rolando Ba"bado &uilt" be"ond %easonable doubt of the c%i'e of %ape and sentenced hi' to the e/t%e'e penalt" of death and to inde'nif" the victi' in the a'ount of P?,,,,,.,,.? B" %eason of the death penalt" i'posed, the case $as elevated to this Cou%t on auto'atic %evie$, unde% the lone assi&n'ent of e%%o% that the t%ial cou%t e%%ed in findin& the appellant &uilt" be"ond %easonable doubt of the c%i'e of %ape. #he p%i'o%dial issue in this case devolves on the c%edibilit" of the testi'onies of the $itnesses. Appellant contends that the t%ial cou%t e%%ed in not conside%in& the defense evidence that 5elen $as not in thei% house on that pa%ticula% ni&ht, and that 5elen $as an&%" $ith appellant fo% scoldin& and $hippin& he% eve%" ti'e she ca'e ho'e late, $hich accounts fo% the %ape cha%&e she filed. It is li)e$ise ave%%ed that a 'othe% $ould not testif" a&ainst he% dau&hte% and den" the %ape cha%&e if it $e%e t%ue. Also, the fact that appellant volunta%il" su%%ende%ed upon lea%nin& about the case filed a&ainst hi' is an indication of his innocence. Appellant a%&ues that it $ould have been i'possible fo% hi' to have %aped 5elen $ho $as l"in& bet$een he% siste%s C%istina and #e%esita $ithout $a)in& the' up< and that it $as unli)el" fo% appellant to have pinched 5elen %epeatedl" fo% that is cha%acte%istic onl" of a $o'an. Ge affi%' the 4ud&'ent of conviction. Appellant basicall" see)s to disc%edit the testi'on" of 5elen. #his Cou%t has %e'ained steadfast to the %ule that the t%ial cou%t>s assess'ent of the c%edibilit" of co'plainant>s testi'on" is entitled to &%eat $ei&ht, absent an" sho$in& that so'e facts $e%e ove%loo)ed $hich, if conside%ed, $ould affect the outco'e of the case.+ #he t%ial cou%t in this case found the testi'on" of co'plainant 5elen to be pe%suasive althou&h it lac)ed in details. It obse%ved that Fshe $as able to conve" a clea% 'essa&e that she $as %aped a&ainst he% $ill. She testified haltin&l", asha'edl", but in a fo%th%i&ht 'anne% even b%ea)in& into tea%s. It sho$ed that it $as %eall" ve%" painful and e'ba%%assin& fo% he% to na%%ate $hat happened. And the%e is nothin& inc%edible in he% na%%ation.F C Ge have ca%efull" sc%utini1ed the testi'on" of the co'plainant and $e find no co'pellin& %eason to distu%b the t%ial cou%t>s assess'ent of he% c%edibilit". 5e% testi'on" $as clea% and convincin&, to $it.

F0....On the ni&ht of Ma" (=, (**=, do "ou %ecall if the%e $as an"thin& unusual that happened to "ouN A....#he%e $as, si%. 0....#ell us $hat $as that that happened to "ouN A....#hat $as about in the evenin& of Ma" (= afte% $e have eaten ou% suppe% $e $atched t.v. then about (,.,, o>cloc) then $e $ent to bed and then about (6.,, he ca'e close to 'e and la" do$n beside 'e. 5e b%in& 8sic: '" b%othe%s and siste%s a little bit a$a" and then he ca'e close to 'e and he is 8sic: t%"in& to sta%t a conve%sation, si%. / / /............................/ / / 0....No$, $hen "ou% fathe% $ent nea% "ou and he t%ied to sta%t conve%sation $ith "ou, $hat did he tell "ouN A....Nothin&, si%. 5e sha%ed $ith '" blan)et and %aised '" d%ess. 0....B" the $a", $hat $e%e "ou $ea%in& that ni&ht $hen "ou sleptN A....I $as $ea%in& a d%ess, si%. 0....Ghen "ou% fathe% t%ied to %aise "ou% d%ess, $hat did "ou doN A....I pushed and pushed hi' but he also pinched 'e, si%. 0....And then afte% "ou% fathe% pinched "ou, $hat did "ou doN A....I c%ied and then he %e'oved '" pant", si%. 0....And then afte% that, $hat did "ou% fathe% do to "ouN / / /............................/ / / A##L. C5AN@A-E. ....Ge $ould li)e to 'a)e it on %eco%d that the $itness could ha%dl" ans$e%, "ou% 5ono%. A....5e %e'oved his sho%ts and then placed his penis on 8sic: '" va&ina, si%. 0....Afte% "ou% fathe% placed his penis to "ou% va&ina, $hat happenedN A....5e 'ashed this, si%. IN#ERPRE#ER.

....Gitness holdin& he% b%easts. 0....Afte% that, $hat happenedN A....Afte% that he %etu%ned to $he%e he p%eviousl" laid and $ent to sleep, si%. 0....Ghat about "ou, $hat did "ou doN A....I $as 4ust c%"in&, si%.FE Appellant t%ies to i'pute ill 'otive on co'plainant alle&in& that she filed this %ape cha%&e a&ainst hi' because he often scolded and $hipped he% $heneve% she ca'e ho'e late. Ge a%e not pe%suaded. Pa%ental punish'ent is not a &ood %eason fo% a dau&hte% to falsel" cha%&e he% fathe% $ith %ape. * Even $hen consu'ed $ith %even&e, it ta)es a ce%tain a'ount of ps"cholo&ical dep%avit" fo% a "oun& $o'an to fab%icate a sto%" $hich $ould put he% o$n fathe% fo% the 'ost of his %e'ainin& life in 4ail and d%a& he%self and the %est of he% fa'il" to a lifeti'e of sha'e.(, !ust as in othe% %ape cases, appellant %aises the a%&u'ent that %ape could not have happened because co'plainant>s siblin&s $e%e sleepin& beside the' $hen the alle&ed c%i'e $as co''itted. Let, it is co''on 4udicial e/pe%ience that %apists a%e not dete%%ed f%o' co''ittin& thei% odious act b" the p%esence of people nea%b". (( Rape is not al$a"s co''itted in seclusion.(6 Rape 'a" ta)e onl" a sho%t ti'e to consu''ate, &iven the an/iet" of discove%", especiall" $hen co''itted nea% sleepin& pe%sons oblivious to the &oin&s on. #hus, the Cou%t has %epeatedl" %uled that %ape is not i'possible even if co''itted in a s'all %oo' $he%e othe% fa'il" 'e'be%s also slept.(7 #he testi'on" of the victi' that appellant %epeatedl" pinched he% $hen she t%ied to $%estle $ith hi' is substantiall" co%%obo%ated b" the 'edical findin&s of p%osecution $itness D%a. Rosel"n Dadu%al $ho conducted an e/a'ination on the victi'. #his $itness testified that the victi' sustained ab%asions on the left hand at the bac) of the pal' nea% the elbo$, and that at the ti'e of e/a'ination these $e%e 4ust be&innin& to heal. As )eenl" obse%ved b" the t%ial cou%t, FD%a. Dadu%al said that contusions and ab%asions heal $ithin th%ee to fou% da"s. #hus, the contusions and ab%asions on he% a%'s a%e co'patible $ith he% state'ent that she had been pinched in the evenin& of Ma" (=, (**=.F(= Appellant>s 'ain line of defense consists of denial and alibi. 5e testified that he sta"ed in Muno1, Nueva Eci4a $he%e he $o%)ed as a fa%' helpe% of a ce%tain Bo"et ;e%nando f%o' (**6 up to (**+< that du%in& all those "ea%s not once did he &o ho'e to Bu&allon, Ra'on, Isabela< and that he %etu%ned to Bu&allon onl" in (**+ afte% his $ife info%'ed hi' about the %ape cha%&e. Ge find the testi'on" of appellant inc%edulous and unbelievable. In t%"in& to e/culpate hi'self f%o' liabilit", appellant insists that f%o' (**6 up to (**+, he neve% $ent ho'e to Bu&allon< that du%in& the Ch%ist'as of (**6, he did not &o ho'e because he $as $o%)in& and that no one in his fa'il" $ent to Muno1 to visit hi'< that

the" neve% $%ote lette%s to each othe%< that he had no co''unication at all $ith his child%en f%o' the ti'e he $ent to Muno1 in (**6< that althou&h he 'issed his $ife and child%en, he could not leave the fa%' because his e'plo"e% $ould &et 'ad< that in (**7 he neve% $ent to Bu&allon because of financial ha%dship althou&h his $ife visited hi' t$ice that "ea% to &et p%ovisions< that in (**= he did not also &o ho'e and his $ife visited hi' t$ice. It is indeed pe%ple/in& ho$ a fathe% could bea% not to see his enti%e fa'il" fo% a ve%" lon& pe%iod of ti'e, fou% "ea%s to be e/act, on a ve%" fli's" and inc%edulous e/cuse that the%e $as so 'uch $o%) to do and that his e'plo"e% $ould &et 'ad if he left. In the sa'e b%eath, appellant $ould $ant this Cou%t to believe that $hen he left in (**6, the" had no fa'il" p%oble' and that the" $e%e a ve%" happ" and closel" )nit fa'il". Appellant att%ibutes his p%olon&ed absence to a heav" $o%)load and his not so &ood %elationship $ith his in la$s. 5o$eve% appellant ad'itted that his in la$s a%e not sta"in& $ith the' and, hence, the%e is nothin& to stop appellant f%o' &oin& ho'e to visit his fa'il". Not even his pu%po%ted heav" $o%)load $ill sustain his alibi since appellant has also ad'itted that the" usuall" have a t$o 'onth %est pe%iod in bet$een ha%vest seasons. ;o% evidence to be believed, it 'ust not onl" p%oceed f%o' the 'outh of a c%edible $itness but 'ust be c%edible in itself such as the co''on e/pe%ience and obse%vation of 'an)ind can app%ove as p%obable unde% the ci%cu'stances. #he test to dete%'ine the value of the testi'on" of a $itness is $hethe% such is in confo%'it" $ith )no$led&e and consistent $ith the e/pe%ience of 'an)ind. Ghateve% is %epu&nant to these standa%ds beco'es inc%edible that lies outside of 4udicial co&ni1ance.(? In this $ise, the testi'on" of appellant ba%el" 'eets the 'ini'u' standa%d of c%edibilit". Cont%a%" to appellant>s asseve%ations, it is the defense evidence $hich is %eplete $ith inconsistencies, to $it. (. B" appellant>s o$n ad'ission, his in la$s did not li)e hi' because he $as poo% and could not p%ovide fo% the needs of his fa'il". #his onl" se%ves to bolste% co'plainant>s testi'on" that at the ti'e of the incident he% 'othe% $as not ho'e and had been sta"in& in Muno1, Nueva Eci4a fo% the past t$o $ee)s because appellant had sent he% the%e to ha%vest pala". As plainl" put b" the t%ial cou%t, Fif he $as $o%)in& in Muno1 and p%ovidin& fo% his fa'il" then the%e $ould have been no %eason fo% his 'othe% in la$ to disli)e hi'.F 6. Acco%din& to appellant, $hen he left in (**6, thei% fifth child Ronald $as not "et bo%n, 'a)in& it appea% that the%e $e%e onl" fou% child%en at the ti'e he $ent to Muno1, Nueva Eci4a. 5o$eve%, Au%elia testified that in (**6 she al%ead" had si/ 8+: child%en. Also, appellant said that thei% si/th child, Ro'eo, $as bo%n in Ra'on, Isabela $he%eas Au%elia stated that he $as bo%n in Muno1, Nueva Eci4a, the%eb" p%o'ptin& the t%ial cou%t to $onde% ho$ the" could cont%adict each othe% on such a 'a4o% event as the bi%th of thei% "oun&est child.

7. Appellant stated that in (**=, his $ife visited hi' in Muno1 onl" t$ice but he could onl" %ecall he% visit in !ul" (**= $hen she b%ou&ht alon& thei% dau&hte% C%istina. Rathe% than cont%adict, this state'ent of appellant actuall" st%en&thens the decla%ation of 5elen that he% 'othe% and he% siblin&s left fo% Muno1 in !une (**= %i&ht afte% she filed he% co'plaint a&ainst appellant. It even substantiall" co%%obo%ates the testi'on" of Au%elia that she and he% child%en, e/cept 5elen, follo$ed appellant to Muno1 about the end of !une (**= and that the" sta"ed the%e continuousl" f%o' (**= to (**+. =. Dau&hte% C%ist" Ba"bado could not e/plain ho$ she $as able to %ecall that on Ma" (=, (**=, 5elen $as not at thei% house and that he% fathe% $as in Muno1. She could not %e'e'be% an" unusual o% e/t%ao%dina%" incident that t%anspi%ed $hich $ould have 'ade he% co''it to 'e'o%" an othe%$ise ve%" t%ivial 'atte% such as he% siste% not sleepin& at the house. On the othe% hand, she clai's to be una$a%e of this fa% 'o%e i'po%tant %ape cha%&e filed b" 5elen a&ainst thei% fathe%. #he onl" thin& she )no$s is that this case $as filed because he% fathe% $hipped he% siste% 5elen $hen the latte% $ent to the dance. ?. Au%elia testified that she and he% child%en, e/cept 5elen, sta"ed $ith appellant in Muno1 continuousl" f%o' (**= to (**+ and that the" all %etu%ned to&ethe% to Ra'on, Isabela in (**+. On fu%the% Duestionin&, she cont%adicted he%self b" sa"in& that she lea%ned about the %ape cha%&e a&ainst appellant in Nove'be% (**? $hen the police ca'e loo)in& fo% he% husband at thei% house at Bu&allon, Ra'on, Isabela. Appellant did not fa%e an" bette%. Initiall", he testified that he %etu%ned to Bu&allon in (**+ to&ethe% $ith his $ife and child%en, 'a)in& it appea% that p%io% the%eto, his fa'il" $as sta"in& $ith hi' in Muno1, Nueva Eci4a. #o a subseDuent Duestion, ho$eve%, he ans$e%ed that he $as the onl" one $ho %etu%ned to Bu&allon, Isabela to 4oin his $ife and child%en $ho $e%e then livin& the%e. #he i'p%obabilities and inconsistencies in the testi'onies of the defense $itnesses cast se%ious doubt on thei% ve%acit". Appellant>s defense of alibi, al%ead" conside%ed inhe%entl" $ea), is at the ve%" least, hi&hl" suspect. It cannot p%evail ove% the st%ai&htfo%$a%d, di%ect and candid testi'on" of the co'plainant. Ge shall no$ discuss the p%ope% penalt" to be i'posed. #he t%ial cou%t 'eted out the death penalt" on appellant pu%suant to A%ticle 77? of the Revised Penal Code, as a'ended b" R.A. C+?*, $hich %eads. FA%ticle 77?. Ghen and ho$ %ape is co''itted. A / / /............................/ / / #he death penalt" shall also be i'posed if the c%i'e of %ape is co''itted $ith an" of the follo$in& attendant ci%cu'stances.

(. $hen the victi' is unde% ei&hteen 8(E: "ea%s of a&e and the offende% is a pa%ent, ascendant, step pa%ent, &ua%dian, %elative b" consan&uinit" o% affinit" $ithin the thi%d civil de&%ee, o% the co''on la$ spouse of the pa%ent of the victi'< 6. $hen the victi' is unde% the custod" of the police o% 'ilita%" autho%ities< 7. $hen the %ape is co''itted in full vie$ of the husband, pa%ent, an" of the child%en o% othe% %elatives $ithin the thi%d civil de&%ee of consan&uinit"< =. $hen the victi' is a %eli&ious o% a child belo$ seven 8C: "ea%s old< ?. $hen the offende% )no$s that he is afflicted $ith AcDui%ed I''une Deficienc" S"nd%o'e 8AIDS: disease< +. $hen co''itted b" an" 'e'be% of the A%'ed ;o%ces of the Philippines o% the Philippine National Police o% an" la$ enfo%ce'ent a&enc"< C. $hen b" %eason o% on the occasion of the %ape, the victi' has suffe%ed pe%'anent ph"sical 'utilation.F In People vs. &arcia,(+ this Cou%t %uled that the additional attendant ci%cu'stances int%oduced b" Republic Act No. C+?* should be conside%ed as special Dualif"in& ci%cu'stances specificall" applicable to the c%i'e of %ape conside%in& that the" have chan&ed the natu%e of si'ple %ape b" inc%easin& the penalt" one de&%ee hi&he% th%ou&h the i'position of the death penalt". #hese attendant ci%cu'stances $e%e conside%ed as eDuivalent to Dualif"in& ci%cu'stances since the" inc%ease the penalties b" de&%ees, and not 'e%el" as a&&%avatin& ci%cu'stances $hich affect onl" the pe%iod of the penalt" but do not inc%ease it to a hi&he% de&%ee.(C #his Cou%t fu%the% %uled that it $ould be a denial of the %i&ht of the accused to be info%'ed of the cha%&es a&ainst hi' and, conseDuentl", a denial of due p%ocess, if he is cha%&ed $ith si'ple %ape and be convicted of its Dualified fo%' punishable $ith death, althou&h the attendant ci%cu'stance Dualif"in& the offense and %esultin& in capital punish'ent $as not alle&ed in the indict'ent on $hich he $as a%%ai&ned.(E P%escindin& f%o' this %atiocination, in the subseDuent case of People vs. Ramos,(* $he%e the info%'ation 'e%el" alle&ed the a&e of the victi' but not the fact of %elationship, this Cou%t %uled that F$ith o% $ithout a na'e fo% this )ind of %ape, the concu%%ence of the 'ino%it" of the victi' and he% %elationship $ith the offende% &ives a diffe%ent cha%acte% to the %ape defined in the fi%st pa%t of A%ticle 77?. #he" %aise the i'posable penalt" upon a pe%son accused of %ape f%o' reclusion perpetua to the hi&he% and sup%e'e penalt" of death. Such an effect con4ointl" puts %elationship and 'ino%it" of the offended pa%t" into the natu%e of a special Dualif"in& ci%cu'stance.F #his doct%ine has since been %eite%ated in a phleto%a of cases 6, $ith the Cou%t consistentl" holdin& that the accused is &uilt" onl" of si'ple %ape and the%eb" i'posin& the penalt" ne/t lo$e% in de&%ee, $hich is reclusion perpetua, $he%e the info%'ation has failed to

alle&e the t$in %eDui%e'ent of the 'ino%it" of the victi' and he% filial %elationship to the accused. In the case at ba%, the Info%'ation failed to alle&e the 'ino%it" of the co'plainant, hence, the t%ial cou%t e%%ed in app%eciatin& this Dualif"in& ci%cu'stance and in i'posin& the death penalt". Appellant can onl" be convicted of si'ple %ape punishable $ith reclusion perpetua. -astl", the%e is no t%uth to appellant>s contention that he su%%ende%ed volunta%il". In a 6nd Indo%se'ent issued b" PNP Ra'on Police Station Chief A%nold A. Apostol on Au&ust (*, (**+, the alias $a%%ant of a%%est issued a&ainst appellant $as %etu%ned to the Re&ional #%ial Cou%t Second !udicial Re&ion, B%anch KKI, Santia&o Cit" F$ith the info%'ation that the accused $as al%ead" a%%ested.F 6( #he%e can be no volunta%" su%%ende% if the $a%%ant of a%%est sho$ed that the defendant $as in fact a%%ested.66 Mo%eove%, in the decision of the t%ial cou%t, it $as stated that the accused $as a%%ested on Au&ust (*, (**+ and, hence, he $as a%%ai&ned onl" on Septe'be% *, (**+ $he%ein he pleaded not &uilt" to the offense cha%&ed.67 5is self se%vin& state'ent that he su%%ende%ed to a Qa&a$ad of Ra'on, Isabela, is unco%%obo%ated. It follo$s that this 'iti&atin& ci%cu'stance cannot be app%eciated in his favo%. In an" event, this ci%cu'stance, even if p%oved, $ill not affect the i'posable penalt" in this case. As ea%lie% adve%ted to, appellant can onl" be held liable fo% si'ple %ape $hich is punishable b" the sin&le indivisible penalt" of reclusion perpetua. Co%olla%il", A%ticle +7 of the Code p%ovides that $he%e the la$ p%esc%ibes a sin&le indivisible penalt", it shall be applied b" the cou%ts %e&a%dless of an" 'iti&atin& o% a&&%avatin& ci%cu'stances that 'a" have attended the co''ission of the deed.6= On the basis of the fo%e&oin& conside%ations, $e a%e convinced that appellant is &uilt" of %ape as found b" the t%ial cou%t.34wphi3 5o$eve%, aside f%o' the i'posable penalt", the a$a%d of da'a&es should also be 'odified. #he t%ial cou%t o%de%ed appellant to pa" the co'plainant P?,,,,,.,, as civil inde'nit". In acco%dance $ith cu%%ent 4u%isp%udence,6? 'o%al da'a&es a%e no$ auto'aticall" a$a%ded to victi's of incestuous %ape $ithout need of p%oof, in the a'ount of P?,,,,,.,,. 6HEREFORE, the 4ud&'ent appealed f%o' convictin& accused RO-ANDO BALBADO &uilt" be"ond %easonable doubt of the c%i'e of %ape is he%eb" A;;IRMED sub4ect to the MODI;ICA#ION that he is he%eb" sentenced to suffe% the penalt" of reclusion perpetua, and to pa" the co'plainant P?,,,,,.,, as civil inde'nit" and P?,,,,, as 'o%al da'a&es. SO OR!ERE!. Davide, ,r., %.,., Bellosillo, Melo, (itu , 0apunan, Mendo$a, Pan ani'an, .uisum'in , Purisima, Pardo, Buena, &on$a a2Re!es, 1nares2/antia o, and De )eon, ,r., ,,., concu%.

Foo'$o'#/
(

O%i&inal Reco%d, C%i'inal Case No. 6( 6,6(, p. (. E/hibit D< O%i&inal Reco%d, p. +. O%i&inal Reco%d, p.?. She $as bo%n on !anua%" (,, (*C*< E/hibit FAF, O%i&inal Reco%d, p. *+. Penned b" !ud&e ;e Albano Mad%id< O%i&inal Reco%d, pp. (== (?C. People vs. Sab%edo, @.R. No. (6+((=, Ma" ((, 6,,,. Decision, C%i'inal Case No. 6( 6,6(, p. C< O%i&inal Reco%d, p. (?,. #SN, Dece'be% 6, (**+, pp. C (=.. People vs. Cabanela, 6** SCRA (?7 8(**E: People vs. @ui$an, @.R. No. ((C76=, Ap%il 6C, 6,,,. People vs. Ra'os, supra.

(,

((

(6

People vs. Silvano, 7,* SCRA 7+6 8(***:< People vs. Pe%e1, 6*+ SCRA (C 8(**E:
(7

People vs. Ba"ona, @.R. Nos. (777=7 ==, Ma%ch 6, 6,,,< People vs. Escala, 6*6 SCRA =E 8(**E:< People vs. Manuel, 67+ SCRA ?=? 8(**=:< People vs. Ce%vantes, 666 SCRA 7+? 8(**7:
(=

Id., C%i'inal Case No. 6( 6,6(, p. (,< I'id., p. (?7.

(?

People vs. San !uan, @.R. No. (7,*+*, ;eb%ua%" 6*, 6,,,, citin& Cosep vs. People, 6*, SCRA 7CE 8(**E:, People vs. Pa%a1o, 6C6 SCRA ?(6 8(**C:, and People vs. Ma%ollano, 6C+ SCRA E= 8(**C:
(+

6E( SCRA =+7 8(**C:

(C

#his doct%ine has since then been inco%po%ated in R.A. E7?7, F#he Anti Rape -a$ of (**CF $hich too) effect on Octobe% 66, (**C, $he%e the seven additional ci%cu'stances $e%e classified as Fa&&%avatin&HDualif"in& ci%cu'stances.F R.A. E7?7 e/panded the definition of the c%i'e of %ape and %eclassified the sa'e as a c%i'e a&ainst pe%sons and inco%po%ated it into #itle Ei&ht unde%

Chapte% #h%ee as A%ticles 6++ A, 6++ B, 6++ C and 6++ D. Re alado, %riminal %onspectus, #irst Ed., 5666, p. 733.
(E

/upra. at =EE =E*. 6*+ SCRA ??* 8(**E:

(*

6,

People vs. Sab%edo, @.R. No. (6+((=, Ma" ((, 6,,,< People vs. ;%a&a, @.R. Nos. (7=(7, 77, Ap%il (6, 6,,,< People vs. ;e%olino, @.R. Nos. (7(C7, 7(, Ap%il ?, 6,,,< People vs. Ba"ona, @.R. Nos. (777=7 ==, Ma%ch 6, 6,,,< People vs. Pailanco, @.R. No. (7,*E+, !anua%" 6,, 6,,,< People vs. PaniDue, @.R. No. (6?C+7, Octobe% (7, (***.
6(

O%i&inal Reco%d, p. 6?. People vs. Con$i, C( Phil. ?*? 8(*=,: I'id., p. (==. People vs. Siao, @.R. No. (6+,6(, Ma%ch 7, 6,,,. People vs. Atien1a, @.R. No. (7(E6,, ;eb%ua%" 6*, 6,,,.

66

67

6=

6?

#he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT #5IRD DIBISION

G.R. No. 134772

Ju$# 22, 2000

PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. FELIPE HOFILE7A * TAALA, accused appellant. PANGANI AN, J.5 In den"in& this appeal, $e %el" on the doct%ine that the sole, c%edible testi'on" of a %ape victi' is enou&h fo% conviction, and that the t%ial cou%tJs assess'ent of the c%edibilit" of testi'onial evidence is acco%ded &%eat %espect, even finalit". The %ase ;elipe 5ofileMa " #aala appeals the Decision ( dated !une 67, (**E, issued b" the Re&ional #%ial Cou%t of Mala"bala", Bu)idnon, 8B%anch E:, 6 in C%i'inal Case No. E767 *C, convictin& hi' of %ape. Based on I%ies Ente " Madia'Js Co'plaint, 7 appellant $as cha%&ed in an Info%'ation, = dated ;eb%ua%" C, (**C, filed b" Assistant P%ovincial P%osecuto% Ma%io A. Dalapo, the accusato%" po%tion of $hich %eads as follo$s. #hat on o% about the *th da" of Nove'be%, (**+, in the afte%noon, at No%th Poblacion, 2M3unicipalit" of Ma%a'a&, 2P3%ovince of Bu)idnon, Philippines, and $ithin the 4u%isdiction of this 5ono%able Cou%t, the above na'ed accused, a%'ed $ith a da&&e% and $ith le$d desi&n, did then and the%e $illfull", unla$full" and c%i'inall" ente% into the %oo' of one IRIES EN#E, a t$elve "ea%s, th%ee 'onths and (? da"s old child and once inside the %oo', fo%ced he% to lie do$n on the bed the %e'ove2d3 he% s)i%t and pant" and have se/ual inte%cou%se $ith IRIES EN#E, a&ainst he% $ill, to he% da'a&e and p%e4udice. Gith the assistance of Att". -eo S. Re" of the Public Atto%ne"Js Office 8PAO:, appellant pleaded not &uilt" upon a%%ai&n'ent on Au&ust =, (**C. ? Afte% due t%ial on the 'e%its, the cou%t a +uo %ende%ed the assailed Decision, the dispositive po%tion of $hich %eads. + G5ERE;ORE, 4ud&'ent is he%eb" %ende%ed findin& accused ;elipe 5ofileMa &uilt" be"ond %easonable doubt of the c%i'e of consu''ated %ape in violation of Section (( of Republic Act No. C+?*. Acco%din&l", he is he%eb" sentenced to suffe% the penalt" of RE%)8/I-9 PERPET8A, and to inde'nif" his victi' I%ies Ente the su' of P?,,,,,.,,. Public Atto%ne" 5ollis C. Monsanto, counsel fo% the appellant, filed the Notice of Appeal on !ul" 7, (**E. C

The #acts (ersion of the Prosecution #he antecedents of the case, as s"nthesi1ed b" the solicito% &ene%al in the AppelleeJs B%ief, E a%e as follo$s. * P%ivate co'plainant, I%ies Ente, at the ti'e of he% %avish'ent on Nove'be% *, (**+, $as onl" t$elve 8(6: "ea%s old. She lives in -a Ro/as, Mala"bala", Bu)idnon, but, as a fi%st "ea% hi&h school student at the San And%es 5i&h School at Ma%a'a&, she $as sta"in& at a boa%din& house o$ned b" one Bicto%ia E%an, in Ma%a'a&, Bu)idnon 8#SN, !anua%" +, (**E, pp. 7 ?:. Appellant ;elipe 5ofileMa, on the othe% hand, $as the ove%see% of the boa%din& house of Bicto%ia E%an, $he%e co'plainant $as sta"in&, and as the ove%see%, he lives 4ust ac%oss the said boa%din& house at a distance of about nine 8*: 'ete%s 'o%e o% less 8#SN, !anua%" +, (**E, p. ?< C:. 5e $as also e'plo"ed as a 'echanic at the Bicto%ias Millin& Co'pan" at C%istal, Ma%a'a&, Bu)idnon 8#SN, ;eb%ua%" (6, (**E, p. (,:. On Nove'be% *, (**+, at a%ound (.,, oJcloc) in the afte%noon, I%ies $as alone in he% %oo' at the said boa%din& house, l"in& on he% bed, afte% %etu%nin& f%o' a p%actice session of thei% school band as a baton t$i%le%. 5e% th%ee othe% %oo''ates, Bebeth Cabansa, Rosalia Nalla, and Rochel"n Nalla, had al%ead" &one ho'e, it bein& a Satu%da". Appellant ente%ed he% %oo' and closed the $indo$ and doo% of the said %oo'. 5e held he% t$o hands behind he% bac) and pointed a )nife at he% and $a%ned he% not to 'a)e a noise o% else, he $ill )ill he%. Appellant the%eafte% %e'oved his sho%t and b%ief, then inse%ted his penis into he% va&ina and did the pu'pin& 'otion. Because of the pain, I%ies c%ied. Afte% consu''atin& his bestial desi%e, appellant left he% c%"in&. I%ies sa$ blood on the beddin& 8#SN, !anua%" +, (**E< pp. E ((:. I%ies &ot d%essed but because of the pain, she 4ust sta"ed in he% boa%din& house. She no lon&e% attended the school band p%actice fo% that afte%noon. 8I'id., p. (6:. #he follo$in& Monda" and #uesda", I%ies did not attend he% classes because he% va&ina $as still painful and fo% fea% of appellant. Ghen I%ies $ent ho'e to he% place in -a Ro/as, Mala"bala", Bu)idnon, she did not %eveal the %ape incident to he% 'othe% because of fea%, havin& been th%eatened b" appellant that he $ill )ill he% as $ell as he% pa%ents 8I'id., pp. (= (?:. On Nove'be% (C, (**+, I%ies t%ansfe%%ed to anothe% boa%din& house at Pu%o) +, Mala"bala", Bu)idnon fo% fea% of appellant. Mo%eove%, since appellant used to station hi'self on I%iesJ $a" to school, she no lon&e% attended he% school %e&ula%l" 8I'id., p. (+ (C:.

On Dece'be% 6, (**+, I%iesJ 'othe% lea%ned of he% f%eDuent absences f%o' school f%o' he% p%evious %oo''ates, the Nalla siste%s. #his $as fu%the% confi%'ed b" I%iesJ substitute teache%, Cecilia Sadicon. Ghen she conf%onted I%ies 2about3 he% f%eDuent absences f%o' school, the latte% $as evasive 8#SN, !anua%" +, (**E, p. 6*:. Notin& he% paleness, I%iesJ 'othe% decided to b%in& he% to the Ma%a'a& P%ovincial 5ospital.3avvphi3 It $as onl" in the hospital, befo%e I%ies could be e/a'ined b" the docto%, that she %evealed the %ape to he% 'othe% 8I'id., pp. (?, (C P 7,:. In the hospital, I%ies $as e/a'ined b" one D%. Benus #a&a%da, $ho confi%'ed co'plainantJs clai' that she $as %aped. F#he%eafte%, upon the advise of D%. #a&a%da, co'plainant, to&ethe% $ith he% 'othe%, $ent to the police station to file a co'plaint and to have appellant a%%ested 8I'id., p. 7(:. (ersion of the Defense Appellant vehe'entl" denies that he se/uall" abused the victi', clai'in& that he $as else$he%e $hen the alle&ed %ape t%anspi%ed. 5e p%ofesses that at the ti'e of the %ape, he $as at the Bicto%ias Millin& Co. 8BMC:, located in C%istal, Ma%a'a&, Bu)idnon, $hich $as si/ 8+: )ilo'ete%s a$a" f%o' his house and $he%e he $o%)ed as a 'echanic. On the da" the %ape occu%%ed, alle&edl" $o%)ed f%o' C.,, until (6.,, noon. At (6.,, noon sha%p, he had lunch at the 'oto% pool, afte% $hich he %ested and tal)ed $ith his co $o%)e%s until about (? 'inutes befo%e (.,, p.'. $hen he %etu%ned and $o%)ed until =.,, p.'. Appellant also p%esented Cla%ita Cos'e $ho co%%obo%ated his sto%". She testified that she $ent to his house on that fateful da" to visit Anecia 5ofileMa, his $ife $ho $as he% fello$ catechist. She alle&edl" sta"ed in the coupleJs house bet$een ((.,, a.'. and 7.,, p.'., but did not see the appellant the%e. Rulin of the Trial %ourt #he t%ial cou%t, %e4ectin& the appellantJs alibi, acco%ded full c%edence to the victi'Js testi'on" that the appellant %aped he%. It %uled. ;%o' the evidence p%esented the cou%t is convinced that accused ;elipe 5ofileMa co''itted the c%i'e of %ape as cha%&ed. A "oun&, si'ple &i%l of (7 could not have invented such a heinous c%i'e a&ainst a =* "ea%s old 'a%%ied 'an. #he%e $as no bad 'otive sho$n, no% did the cou%t 2find3 an", $h" p%ivate co'plainant da%ed to e/pose he%self to sha'e and pe%haps %idicule in %epo%tin& a false accusation of %ape. I%ies $as st%ai&htfo%$a%d, althou&h sh", $hile testif"in& in cou%t. In the face of the ove%$hel'in& evidence p%esented b" the p%osecution, the ba%e denial of the, accused has to be %e4ected. 5is alibi is too $ea) to &ain an"

c%edence. #he distance of, sa", + )ilo'ete%s f%o' his place of $o%) to the boa%din& house of I%ies is no2t3 fa% enou&h as to 'a)e it i'possible fo% hi' to leave his $o%) and be bac) in one hou%. Ad'ittedl" the%e a%e 2'eans of3t%anspo%tation, li)e Ft%i si)adsF 8t%ic"cles: t%avellin& bet$een C%"stal and the poblacion. Accused is not 2a3 st%an&e% to I%ies $ho $as boa%din& at a house ve%" nea% his o$n %esidence.34wphi3.n:t #he Dail" #i'e 2Reco%d3 8E/h. F(F: sub'itted b" the accused is ha%dl" of help to p%ove his innocence. Its sub'ission lac)s co%%obo%ation o% authentication b" eithe% the ti'e )eepe% o% an" official of the Bicto%ias Millin& Co. ;u%the%'o%e, as 'entioned above, it $as not i'possible fo% the accused to leave his $o%) fo% an hou% in o%de% to be at the scene of the c%i'e. (, 5ence, this appeal. (( Issues In his B%ief, appellant p%esents the follo$in& assi&n'ent of e%%o%s. (6 I #he Cou%t of o%i&in e%%ed in not &ivin& c%edence to the docu'enta%" as $ell as testi'onial evidences p%esented b" the defense callin& fo% the acDuittal of the accused appellant he%ein. II #he Re&ional #%ial Cou%t in Mala"bala" Cit" 8Bu)idnon: . . . co''itted an e%%o% in not e/culpatin& the accused appellant of the c%i'e cha%&ed in the info%'ation due to %easonable doubt. In disposin& of this appeal, $e shall ta)e into conside%ation the follo$in& issues. 8(: the sufficienc" of the p%osecution evidence, 86: the appellantJs alibi, and 87: 'o%al da'a&es. The %ourt;s Rulin Ge find no 'e%it in this appeal. #irst Issue /ufficienc! of the Prosecution Evidence In %evie$in& %ape cases, the Cou%t is &uided b" the follo$in& p%inciples. 8(: to accuse a 'an of %ape is eas", but to disp%ove it is difficult thou&h the accused 'a" be innocent< 86: conside%in& that in the natu%e of thin&s, onl" t$o pe%sons a%e usuall" involved in the c%i'e of %ape, the testi'on" of the co'plainant should be sc%utini1ed $ith &%eat caution<

and 87: the evidence fo% the p%osecution 'ust stand o% fall on its o$n 'e%it and not be allo$ed to d%a$ st%en&th f%o' the $ea)ness of the evidence fo% the defense. ( -i)e$ise, $e a%e a$a%e of the dictu' that $hen a victi' of %ape sa"s that she has been defiled, she sa"s in effect all that is necessa%" to sho$ that %ape has been inflicted on he%, and so lon& as he% testi'on" 'eets the test of c%edibilit", the accused 'a" be convicted on the basis the%eof. (= ;ollo$in& these p%inciples, $e have sc%utini1ed the testi'on" of the victi', I%ies Ente, and find no %eason to ove%tu%n the t%ial cou%tJs assess'ent of he% c%edibilit". Ge Duote belo$ the po%tion of he% testi'on" in $hich she na%%ated the ci%cu'stances of he% defile'ent in the appellantJs hands in the afte%noon of Nove'be% *, (**+. 0 R No$, at about (.,, oJcloc) in the afte%noon of Nove'be% *, (**+, can "ou %ecall $he%e $e%e "ouN A R Les. 0 R Ghe%e $e%e "ou at this ti'eN A R At ou% boa%din& house. 0 R Ghat $e%e "ou doin& the%e at that ti'eN A R I $as l"in& do$n. 0 R B" the $a", can "ou %ecall $hat da" $as Nove'be% *, (**+N A R Satu%da". 0 R Ghe%e $e%e "ou l"in& at that ti'eN A R On a bed. 0 R Ghe%e is this bed locatedN A R Inside the boa%din& house. 0 R Meanin& inside the %oo' of "ou% boa%din& houseN A R Les. 0 R Gh" $e%e "ou l"in& at that ti'eN A R Because I 4ust ca'e f%o' 2a3 p%actice session of ou% band. /// /// ///

0 R No$, "ou said "ou $e%e l"in& do$n at that ti'e inside the %oo' of "ou% boa%din& house, 2did3 "ou have 2a3 co'panion du%in& that ti'e in that %oo'N A R /// /// /// #he" al%ead" $ent ho'e because that $as a Satu%da". 0 R No$, $hile "ou $e%e l"in& do$n inside the %oo' of "ou% boa%din& house, $hat t%anspi%ed if the%e $as an"N A R ;elipe 5ofileMa ca'e inside. /// /// ///

0 R No$, $hen ;elipe 5ofileMa suddenl" ca'e inside "ou% bed%oo', $hat t%anspi%ed ne/tN A R 5e held '" t$o hands. 0 R Afte% holdin& "ou% t$o hands, $hat did he do ne/tN A R 5e closed the $indo$ of the %oo' and also the doo% of the said %oo'. 0 R Afte% he closed the doo% and the $indo$ of the %oo', $hat t%anspi%ed ne/tN A R 5e then held '" hands behind '" bac) and pointed a )nife at 'e and $a%ned 'e that I should not 'a)e an" noise because he $ill . . . )ill 'e. 0 R No$, afte% 5ofileMa placed "ou% hands at "ou% bac) pointed a )nife to "ou and said do not 'a)e an" noise because he is &oin& to )ill "ou, $hat did he do ne/tN A R 5e then %e'oved '" s)i%t and '" pant". 0 R Gas he able to %e'ove "ou% s)i%t and "ou% pant"N A R Les. 0 R Afte% "ou% s)i%t and pant" 2$e%e3 %e'oved, $hat did he do ne/tN A R 5e then also %e'oved his sho%t and his b%ief. 0 R Afte% he %e'oved his sho%t and b%ief, $hat did he do ne/tN A R 5e then inse%ted his penis inside '" va&ina.

0 R Afte% placin& his penis into "ou% va&ina, $hat did he do ne/tN A R 5e continued to put it inside and sta"ed the%e fo% a lon& ti'e. CO9R#. 8to $itness: 0 R Did he 'a)e a pu'pN A R Les, "ou% 5ono%. Continue. PROSEC9#OR DA-APO. 0 R No$, $hile he $as doin& his pu'pin& 'otion ove% "ou afte% "ou said he inse%ted his penis to "ou% va&ina, $hat did "ou doN A R I onl" c%ied. 0 R Gh" "ou onl" c%iedN A R Because it $as painful. 0 R Othe% than c%"in&, $hat else did "ou do if the%e is 2an"3N A R I onl" c%ied. 0 R No$, $hile he $as pu'pin& "ou said $hen he inse%ted his penis to "ou% va&ina, $hat did "ou feel if an" du%in& that ti'eN A R Pain. 0 R Ghat pa%t of "ou% bod" $as painfulN A R M" va&ina. 0 R No$, "ou said he $as pu'pin& afte% he placed his penis to "ou% va&ina, $hat t%anspi%ed ne/t afte% pu'pin&N A R 5e 4ust left. 0 R No$, $hen this 5ofileMa left, $hat did "ou doN A R I continued c%"in&. 0 R Afte% that $hat t%anspi%ed ne/t afte% c%"in&N

A R I then chan&ed '" clothin&. 0 R Gh" did "ou chan&e "ou% clothin&N A R I put bac) the s)i%t that $as %e'oved but I chan&ed '" pant". 0 R No$, b" the $a" I%is %i&ht afte% 5ofileMa left the %oo' and befo%e "ou chan&ed "ou% pant", did "ou loo) at and obse%ve . . . $hat happened to "ou% va&ina and "ou% thi&hsN /// /// ///

A R #he%e $as a s'all blood. /// /// ///

PROSEC9#OR DA-APO. 0 R No$, ho$ $e%e "ou able to see this s'all bloodN A R Because I sa$ the blood on the beddin&s. /// /// ///

0 R No$, afte% "ou chan&ed "ou% pant", $hat did "ou doN A R I 4ust sta"ed in the boa%din& house. 0 R No$, "ou said that "ou sta"ed the%e in "ou% boa%din& house on Satu%da" because "ou had a band p%actice, 2d3id "ou . . . p%actice in the afte%noon that $hole da"N A R Les, because ou% p%actice $as 2the3 $hole da". 0 R And did "ou attend the p%actice . . . that afte%noonN A R No. 0 R Gh"N A R Because I felt pain $hen I $al)ed. /// /// ///

0 R 5o$ about in the evenin&, $hat did "ou doN

A R I 4ust closed the %oo' ve%" $ell. 0 R Gh", $h" did "ou close the %oo' ve%" $ellN A R Because I $as af%aid that ;elipe 5ofileMa 'i&ht co'e bac). (? 5e% testi'on" clea%l" de'onst%ates that the appellant had ca%nal )no$led&e of he% b" fo%ce o% inti'idation. 9nde% A%ticle 77? of the Revised Penal Code, as a'ended, %ape is co''itted Fb" havin& ca%nal )no$led&e of a $o'an . . . 2b3" usin& fo%ce o% inti'idation.F In the p%esent case, appellant used such fo%ce and inti'idation b" th%eatenin& the victi' $ith an ei&ht inch )nife to )eep he% f%o' shoutin&. (+ #he victi'Js sto%" is fu%the% co%%obo%ated b" the Medico -e&al Repo%t, as $ell as the testi'on" of D%. Benus #a&a%da, $hich $e Duote as follo$s. PROSEC9#OR DA-APO 0. ;o% the %eco%d Docto%, $ill "ou please %ead fo% the %eco%d "ou% findin&s of the e/a'ination "ou 'adeN A I put ent%" Int%oitus and Nullipa%ous. Meanin& to sa" she has not &iven bi%th. And I e/a'ined the h"'en and it 2appea%ed3 that the%e $as 2an3 old lace%ation at the %ationin& 2sic3 of desi&nated a%eas $hich 2$e%e3 7.,, oJcloc), +.,, oJcloc), ((.,, oJcloc) and (.,, oJcloc). I noted also that the%e $as absence of pubic hai%. 0. #hese lace%ations Docto%, could it be possible that it has been caused b" a lace%ation of a penisN A. It could be possible. 0. No$, it sa"s he%e old healed lace%ation and "ou% e/a'ination $as on Dece'be% 6, (**+. No$ this old healed lace%ation, could it be possible that the sa'e could have been caused on Nove'be% *, (**+N A. It could be possible. (C On the basis of the testi'onies of the victi' and the 'edico le&al office%, the t%ial cou%t co%%ectl" held that the p%osecution 'et the Duantu' of p%oof %eDui%ed to ove%tu%n the constitutional p%esu'ption of innocence. /econd Issue. Appellant;s Ali'i Appellant builds his defense a%ound his alibi and Cos'eJs co%%obo%ation. 5e vehe'entl" denies havin& se/uall" abused the victi', sa"in& that it $as ph"sicall" i'possible fo% hi' to have done so. 5e testified that at the ti'e the %ape occu%%ed, he $as about si/ )ilo'ete%s a$a" f%o' the c%i'e scene $o%)in& at the BMC in C%istal, Ma%a'a&,

Bu)idnon, as sho$n in his Dail" #i'e Reco%d. (E 5e alle&edl" had lunch at the co'pan" 'oto% pool $ith the chief 'echanic and the assistant 'echanic, and b" (.,, p.'., he $as al%ead" bac) at $o%). #he defense of alibi is al$a"s vie$ed $ith suspicion and %eceived $ith caution, not onl" because it is inhe%entl" $ea) and un%eliable, but also because it can easil" be fab%icated. (* In the p%esent case, the %eliabilit" of the sto%" of the appellant is suspect, because of his failu%e to p%esent an" co%%obo%ative testi'on", $hich he 4ustified b" pointin& out that the co'pan" ti'e )eepe% and 'echanics had been t%ansfe%%ed to the 'ain office in Ne&%os Occidental. Ge note, ho$eve%, that his supe%viso%, En&inee% Catapan&, $ho $as still $ith BMC, Bu)idnon, had not been p%esented to co%%obo%ate his alibi. ;o% this defense to p%ospe%, it 'ust be convincin& enou&h to p%eclude an" doubt about the ph"sical i'possibilit" of the p%esence of the accused at the locus criminis o% its i''ediate vicinit" at the ti'e of the incident. 6, In othe% $o%ds, he 'ust p%ove not onl" that he $as so'e$he%e else $hen the offense $as co''itted, but also that it $as ph"sicall" i'possible fo% hi' to have been at o% nea% the c%i'e scene. 6( In the p%esent case, it $as not ph"sicall" i'possible fo% the appellant to co''it the c%i'e. BMC $as onl" five to si/ )ilo'ete%s a$a" f%o' the victi'Js boa%din& house, 66 $hich $as accessible to t%ic"cles. 6 #his fact allo$ed the appellant sufficient ti'e to co''it the c%i'e and %etu%n to BMC in ti'e fo% his afte%noon shift. #he testi'on" of Cla%ita did not bolste% the alibi of appellant, because it onl" p%oved that he $as not at his house f%o' ((.,, a.'. to 7.,, p.'. She $as silent on the issue of $hethe% he had &one to the victi'Js boa%din& house, $hich $as %i&ht ac%oss his o$n. In the absence of st%on& and convincin& evidence, alibi could not p%evail ove% the positive testi'on" of the victi', $ho had no i'p%ope% 'otive to testif" falsel" a&ainst hi'. 6= #hus, the t%ial cou%t co%%ectl" decided to &%ant full c%edence to he%, %athe% than to the appellantJs testi'on". Gell settled is the doct%ine that the assess'ent b" the t%ial cou%t of testi'onial evidence of the $itness is acco%ded &%eat %espect, o$in& to its di%ect oppo%tunit" to obse%ve thei% de'eano% du%in& the t%ial. 6? Besides, no $o'an, least of all a thi%teen "ea% old child, $ould concoct a sto%" of deflo%ation, sub4ect he%self to an e/a'ination of he% p%ivate pa%ts, and e/pose he%self to public t%ial and pe%haps %idicule, if she has not in t%uth been a victi' and unless he% pu%pose is to b%in& the pe%pet%ato% to the ba% of 4ustice and to aven&e he% hono%. 6+ Not even the appellant da%ed to Duestion he% c%edibilit". 5ence, the appellantJs defense 'ust necessa%il" fail. 6C Third Issue Moral Dama es

Ge a&%ee $ith the solicito% &ene%alJs plea fo% the &%ant of 'o%al da'a&es in favo% of the victi'. In line $ith 4u%isp%udence, 'o%al da'a&es 'a" be a$a%ded to %ape victi's, in addition to civil inde'nit". 6E Afte% all, the an&uish and the pain that the victi' had to endu%e a%e evident. 6* Ge need not belabo% the fact that the offended pa%t" in a %ape case is a victi' 'an" ti'es ove%. In ou% cultu%e $hich puts a p%e'iu' on the vi%tue of pu%it" o% vi%&init", %ape sti&'ati1es the victi' 'o%e than the pe%pet%ato%s. 7, G5ERE;ORE, the appealed Decision is A;;IRMED, but appellant is o%de%ed to PAL the victi' P?,,,,, as 'o%al da'a&es, in addition to the inde'nit" e< delicto of P?,,,,, also Costs a&ainst appellant.34wphi3.n:t Melo, Purisima and (itu , ,., a'road on official 'usiness. &on$a a2Re!es, ,,., concur.

Foo'$o'#/
(

Rollo, pp. (, (=. Penned b" !ud&e Bivencio P. Est%ada. Reco%ds, p. (. Reco%ds, p. (7. Reco%ds, p. 7(. Decision, p. ?< rollo, p. (=. Rollo, p. (?.

#his $as si&ned b" Solicito% @ene%al Rica%do P. @alve1, Assistant Solicito% @ene%al Rodolfo @. 9%bi1tondo and Solicito% Enceb%in E. !avie%.
*

Rollo, pp. +* C6. R#C Decision, pp. = ?< rollo, pp. (7 (=.

(,

((

#his case $as dee'ed sub'itted fo% %esolution on Ma%ch 7, 6,,, upon the Cou%tJs %eceipt of the appellantJs Repl" B%ief.
(6

AppellantJs B%ief, p. ?< rollo, p. =7. It $as si&ned b" Public Atto%ne" II ;%oilan -. Balde1.

(7

People v. Sta. Ana, 6*( SCRA (EE, !une 6+, (**E< People v. Ra'i%e1, 6++ SCRA 77?, !anua%" 6,, (**C< People v. #eves, 6=+ SCRA 67+, !ul" (=, (**?< People v. @ua'os, 6=( SCRA ?6E, ;eb%ua%" 6(, (**?< People v. Casinillo, 6(7 SCRA CCC, Septe'be% ((, (**6.
(=

People v. @a%ces !%., @.R. No. (767+E !anua%" 6,, 6,,,, pp. * (,< People v. Penaso, @.R. No. (6(*E,, ;eb%ua%" 67, 6,,,, pp. ? +< People v. Bo%4a, 6+C SCRA 7C,, 7C*, ;eb%ua%" 7, (**C< People v. Ra'i%e1, 6++ SCRA 77?, 7=E, !anua%" 6,, (**C.
(?

#SN, !anua%" +, (**E, pp. C (6. I'id, pp. (C (E. #SN, ;eb%ua%" (6, (**E, p. =. E/h. FI A,F R#C Reco%ds, p. ?7. People v. Penaso, supra, p. C.

(+

(C

(E

(*

6,

People v. #ulop, 6E* SCRA 7(+, 777, Ap%il 6(, (**E< People v. Palla%co, 6EE SCRA (?(, (++, Ma%ch 6+, (**E< People v. And%es, 6*+ SCRA 7(E, 77C, Septe'be% 6?, (**E. S ali&nOF4ustif"FpT6( People v. Palla%co, supra< People v. Alipa"o, @.R. No. (66*C*, ;eb%ua%" 6, 6,,,, p. (6.
66

#SN, ;eb%ua%" (C, (**E, pp. ? P (= (+. I'id, pp. (+ (C. People v. Qulais et al., 6*6 SCRA ??(, ?CC, !ul" (+, (**E.

67

6=

6?

People v. @a%ces !%., supra, p. (?< People v. Cabanela, 6** SCRA (?7, (+,, Nove'be% 6=, (**E< People v. Sancha, @.R. Nos. (7(E(E (*, ;eb%ua%" 7, 6,,,, p. (C< People v. de la C%u1, 6C+ SCRA (*(, !ul" 6=, (**C< People v. Co%ea, 6+* SCRA C+, Ma%ch 7, (**C< People v. ;%a&o, 676 SCRA +?7, Ma" 7(, (**=.
6+

People v. Aban&in, 6*C SCRA +??, ++= ++?, Octobe% (6, (**E< People v. -o%ie&a. @.R. No. ((+,,* (,, ;eb%ua%" 6*, 6,,,, p. (7< People v. Ala'a Ma&dato, @.R. Nos. (7=(66 6C, ;eb%ua%" C, 6,,,, p. (,< People v. E%ese, 6E( SCRA 7(+, 766, Nove'be% ?, (**C< People v. Ma'ala"an, 6E, SCRA C=E, C+,, Octobe% (+, (**C< People v. @o'e1, 6C* SCRA +EE, +*+, Septe'be% 6*, (**C.
6C

People v. Palla%co, supra, p. (+*< People v. Sabalones et al., 6*= SCRA C?(, C*C, Au&ust 7(, (**E< People v. Qulais et al., supra.

6E

People v. @a%ces !%, supra, p. 66< People v. Penaso, @.R. (6(*E,, ;eb%ua%" 67, 6,,,, p. *< People v. -o%ie&a, supra, p. (?.
6*

People v. I&nacio, 6*= SCRA ?=6, Au&ust 6=, (**E< People v. -a'pa1a, @.R. No. (7EEC+, Nove'be% 6=, (***.
7,

People v. Billa'o%, 6*C SCRA 6+6, 6C?, Octobe% C, (**E.

Republic of the Philippines SUPREME COURT Manila EN BANC

G.R. No. 127186

July 31, 2000

PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. JAIME ALACANO * !ALAFU, accused appellant. DECISION PURISIMA, J.: ;o% auto'atic %evie$ is the Decision of B%anch CE, Re&ional #%ial Cou%t of 0ue1on Cit",( findin& the appellant &uilt" be"ond %easonable doubt of the c%i'e of %ape, and sentencin& hi' as follo$s.6 FG5ERE;ORE, the Cou%t finds accused !AIME BA-ACANO " DA-A;9 @9I-#L be"ond %easonable doubt as p%incipal of the c%i'e of Rape, defined and penali1ed unde% A%ticle 77? of the Revised Penal Code, as a'ended b" Section (( of Republic Act No. C+?*, and is he%eb" sentenced to suffe% the penalt" of DEA#5 in C%i'inal Case No. 0 *? +6+E+. #he accused is li)e$ise o%de%ed to inde'nif" the victi' Es'e%alda Balacano the a'ount of One 5und%ed #housand 8P(,,,,,,.,,: Pesos, as 'o%al da'a&es. SO ORDERED.F On Au&ust (+, (**?, Es'e%alda Balacano, assisted b" he% 'othe%, Ma. -uisa M. Balacano, lod&ed sub4ect co'plaint7 fo% %ape befo%e Assistant Cit" P%osecuto% Gilf%edo -. Ma"ni&o, statin& thus. F#he unde%si&ned accuses !AIME BA-ACANO L DA-A;9 of the c%i'e of Rape, co''itted as follo$s. #hat on o% about the *th da" of Au&ust, (**?, in 0ue1on Cit", Philippines, the said accused b" 'eans of fo%ce and inti'idation, to $it. b" then and the%e $illfull", unla$full" and feloniousl" put hi'self on top of said co'plainant, a 'ino% (= "ea%s old, and the%eafte% have ca%nal )no$led&e $ith the unde%si&ned co'plainant a&ainst he% $ill and $ithout he% consent. CON#RARL #O -AG.F 9pon a%%ai&n'ent on Septe'be% 6,, (**? $ith the assistance of Att". E%anio @. Cedillo, appellant pleaded not &uilt" to the c%i'e cha%&ed. Evidence fo% the People consisted of the testi'onies of the victi', Es'e%alda Balacano, and D%. !esusa Nieves Be%&a%a, the 'edico le&al office% $ho e/a'ined he%. Es'e%alda Balacano, fou%teen "ea%s of a&e, testified that she $as %aped five 8?: ti'es b" the appellant, $ho is he% step fathe%, but she could not an"'o%e %e'e'be% the dates she

$as %avished e/cept that $hich happened on Au&ust *, (**?. She also na%%ated that on the said date, at a%ound C.,, oJcloc) in the evenin&, she and he% siste% PeMaf%ancia $e%e in thei% %esidence at No. (6( Co''on$ealth Avenue, Ba%an&a" Co''on$ealth, 0ue1on Cit", $hen the appellant ente%ed the %oo', as)ed he% siste% to &o out, and o%de%ed he% 8victi': to und%ess. Sensin& that appellant $as d%un) and af%aid of his an&e%, she co'plied. Appellant then inse%ted his penis into he% va&ina. Afte% satisf"in& his lust, he slept. She then $ent out of the house to loo) fo% he% siste% and the" $aited fo% thei% 'othe%. 9pon the a%%ival of the latte%, the" $ent to the police station $he%e the investi&ation of the incident too) place. #he othe% $itness fo% the p%osecution, D%. !esusa Nieves Be%&a%a, the 'edico le&al office% $ho conducted a ph"sical e/a'ination of the victi', %ecounted that the victi' $as in a non vi%&in state $ith deep lace%ations, positioned at 7, + and * oJcloc), %espectivel". #he 'edico le&al e/pe%t opined that the lace%ations in the h"'en of the victi' $e%e indications of se/ual abuse.= Appellant inte%posed the defense of denial. Acco%din& to hi', on the alle&ed date of co''ission of the c%i'e, he $as alone, sleepin& inside thei% %ented %oo'. 5e denied havin& %aped the victi'. No othe% $itness $as p%esented to co%%obo%ate appellantJs testi'on". On Ma" (7, (**+, the t%ial cou%t found the evidence fo% the p%osecution enou&h to convict appellant !ai'e Balacano fo% %apin& his step dau&hte% Es'e%alda Balacano. In a%%ivin& at its findin& of &uilt, the t%ial cou%t %atiocinated. F#he Cou%t believed the testi'on" of Es'e%alda Balacano $hich bea%s an ea%'a%) of t%uthfulness in spite of the fact that she $as an illite%ate and 'ino% inconsistencies in he% testi'on", $hich $as co%%obo%ated b" the findin&s of the 'edico le&al and othe% ci%cu'stances %athe% than the unsubstantiated testi'on" of !ai'e Balacano. Es'e%alda $as cate&o%ical and vivid in na%%atin& the incidents of %ape co''itted b" !ai'e Balacano on he%. She $as ve%" st%ai&ht fo%$a%d and honest in ans$e%in& Duestions p%opounded on he% even to the point of castin& doubt on he% c%edibilit" . /// /// ///

#he Cou%t cannot cast doubt on the testi'on" of Es'e%alda. #he%e 'a" be so'e inconsistencies in he% testi'on" but these a%e 'ino% ones that do not dest%o" he% c%edibilit" neithe% $ea)ens the case of the p%osecution. It even i'p%essed on the 'ind of the Cou%t that the sa'e is not fab%icated. It is e/pected also conside%in& the ni&ht'a%e she has &one th%ou&h $hich so'e people $ould li)e to fo%&et.F? AppellantJs B%ief is ancho%ed on the lone assi&ned e%%o%, that. #5E -OGER CO9R# ERRED IN ;AI-IN@ #O APP-L #5E R9-E #5A# IN CASE O; DO9B# S9C5 DO9B# M9S# BE RESO-BED IN ;ABOR O; #5E ACC9SED.

Appellant contends that on the basis of the evidence on %eco%d, the%e is a doubt as to his &uilt, and the sa'e should be %esolved in his favo% pu%suant to the constitutional p%ovision that F/// the accused shall be p%esu'ed innocent until the cont%a%" is p%oved ///F.+ 5e theo%i1es that in c%i'inal cases, the accused is entitled to acDuittal in the absence of p%oof of &uilt be"ond %easonable doubt.C In c%i'inal p%osecutions, F%easonable doubtF is not a 'e%e &uess that the appellant 'a" o% 'a" not be &uilt". It is such a doubt that a %easonable 'an 'a" ente%tain afte% a fai% %evie$ and conside%ation of the evidence.E It is. F/// a te%' often used, p%obabl" p%ett" $ell unde%stood, but not easil" defined. It is not 'e%e possible doubt, because eve%"thin& %elatin& to hu'an affai%s is open to so'e possible o% i'a&ina%" doubt. It is that state of the case $hich afte% the enti%e co'pa%ison and conside%ation of all the evidence, leaves the 'inds of the 4u%o%s in that condition that the" cannot sa" the" feel an abidin& conviction, to a 'o%al ce%taint", of the t%uth of the cha%&e, a ce%taint" the convinces and di%ects the unde%standin&, and satisfies the %eason and 4ud&'ent of those $ho a%e bound to act conscientiousl" upon it.F* In sho%t, it is a state of the 'ind en&ende%ed b" insufficient p%oof.(, In this case unde% auto'atic %evie$, the%e a%e pieces of evidence int%oduced b" the p%osecution to t%ave%se the denial theo%i1ed upon b" the defense. Appellant contends that the evidence offe%ed b" the p%osecution does not suffice to convict hi'< a%&uin& that the p%osecution depended heavil" on the testi'on" of the victi', $hich he 8appellant: b%ands as inadeDuate in vie$ of ad'issions b" the victi' alle&edl" i'pai%in& he% c%edibilit" and e/posin& the i'possibilit" of co''ission of the %ape cha%&ed, such as. 8(: 5e% clai' that she $as %aped five 8?: ti'es b" the accused but she onl" %epo%ted the fifth %ape< 86: Ad'ission b" the victi' that no th%eats $e%e 'ade on he% b" the accused du%in& o% afte% the %ape< and 87: #hat the" 8appellantJs fa'il": $e%e %entin& onl" one %oo' $he%ein all the fa'il" 'e'be%s $e%e sleepin& such that, %ape could not have ta)en place the%ein. #he appeal is ba%%en of 'e%it. Appellant %elied p%incipall" on his defense of denial, insistin& that he neve% %aped Es'e%alda, $ho is his step dau&hte%. Assisted b" the Public Atto%ne"Js Office 8PAO:, appellant na%%ated thus. F/// /// /// that on Au&ust *, (**? at C.,, oJcloc) in the evenin&, $hen the alle&ed %ape happened, he $as at ho'e and in fact al%ead" sleepin&< that the" a%e onl" %entin& a %oo' in a house in Ba%an&a" Co''on$ealth, 0ue1on Cit"< that on the alle&ed date of the c%i'e his $ife 8Ma. -uisa Balacano: $as also at thei% house, the sa'e thin& $ith thei% t$o dau&hte%s na'el" Es'e%alda and PeMaf%ancia.F((

As %epeatedl" p%onounced b" this Cou%t 8(: an accusation fo% %ape can be 'ade $ith facilit"< it is difficult to p%ove but even 'o%e difficult to disp%ove b" the pe%son cha%&ed, thou&h innocent< 86: in vie$ of the int%insic natu%e of the c%i'e of %ape $he%e onl" t$o pe%sons a%e usuall" involved, the testi'on" of the co'plainant 'ust be sc%utini1ed $ith e/t%e'e caution< and 87: the evidence of the p%osecution 'ust stand o% fall on its o$n 'e%its, and cannot be allo$ed to d%a$ st%en&th f%o' the $ea)ness of the evidence fo% the defense.(6 But, ti'e and a&ain, the Cou%t has %uled that the lone testi'on" of the victi' 'a" suffice to convict the %apist. Ghen a victi' sa"s she has been %aped, she sa"s in effect all that is necessa%" to sho$ that %ape has been co''itted and if he% testi'on" 'eets the test of c%edibilit", the accused 'a" be convicted on the basis the%eof. (7 #he afo%estated p%inciple applies sDua%el" to this case. As a &ene%al %ule, the factual findin&s b" the t%ial cou%t dese%ve a hi&h de&%ee of %espect and a%e not be distu%bed on appeal in the absence of an" clea% sho$in& that it ove%loo)ed, 'isunde%stood o% 'isapplied so'e facts o% ci%cu'stances of $ei&ht and substance $hich could alte% the conviction of the accused.(= In the case unde% sc%utin", the Cou%t a&%ees $ith the lo$e% cou%t that the c%edibilit" of the victi' has not been i'pai%ed b" he% alle&ed inconsistencies alluded to b" the appellant. On this sco%e, the t%ial cou%t said. F#he Cou%t cannot cast doubt on the testi'on" of Es'e%alda. #he%e 'a" be so'e inconsistencies in he% testi'on", but these a%e 'ino% ones that do not dest%o" he% c%edibilit" neithe% $ea)ens the case of the p%osecution. It even i'p%essed of the 'ind of the Cou%t that the sa'e is not fab%icated. It is e/pected also conside%in& the ni&ht'a%e she has &one th%ou&h $hich so'e people $ould li)e to fo%&et. ///F(? As %e&a%ds the fi%st inconsistenc" %efe%%ed to, conside%in& that appellant has been convicted fo% the fifth %ape, $hich he pe%pet%ated on Au&ust *, (**?, it does not 'atte% $hethe% o% not the%e a%e p%oofs on %eco%d of the fou% othe% %apes he p%eviousl" co''itted. #he lac) of evidence of the fou% othe% %apes afo%esaid is of no 'o'ent. It should be noted that appellant $as onl" t%ied and convicted fo% the fifth %ape. I''ediatel" afte% the %ape on Au&ust *, (**?, the victi' info%'ed he% 'othe% $hat happened and both of the' p%oceeded to the police station fo% an investi&ation of the %ape co'plained of, as can be &leaned f%o' the %eco%ds on hand, to $it. FPROS. BE-ASCO. 8on di%ect e/a'ination: 0 At about C.,, oJcloc) in the evenin& of Au&ust *, (**?, $e%e "ou at "ou% %esidence at No. (6( Co''on$ealth Avenue, Ba%an&a" Co''on$ealth, 0ue1on Cit"N ANSGER.

.....Les, Si%. /// /// ///

0 At that ti'e about C.,, oJcloc) in the evenin&, $hat $e%e "ou and Penaf%ancia doin&N A Ge $e%e both la"in& do$n in ou% %oo', si%. 0 Ghile "ou and Penaf%ancia $e%e l"in& in "ou% %oo', $as the%e an" unusual incident $hich t%anspi%edN A Les, si%, the%e $as, si%. 0 And $hat is thisN A ;i%st, !ai'e Balacano as)ed '" siste% to &o out of the house and then he as)ed 'e to %e'ove '" d%ess but I %esisted and then he $as able to %e'ove '" pants and then he put his penis into 'ine, si%. 0 No$, afte% puttin& his penis inside "ou%s, $hat t%anspi%ed ne/t, Mada' GitnessN A Ghen he put his penis inside '" va&ina, I felt a stic)" $ate% ca'e 8sic: out and then afte%$a%ds, he slept and then I $ent out of the house to loo) fo% '" siste% and $e $aited fo% '" 'othe%, si%. PROS. BE-ASCO. 8on di%ect e/a'ination: 0 A And did "ou% 'othe% a%%ivedN ANSGER. .....A Les, si% 0 And $hat did "ou do $hen "ou% 'othe% a%%ivedN A I told '" 'othe% $hat happened, si%. /// /// ///

0 .....In connection $ith this case, do "ou %e'e'be% if "ou $e%e investi&ated b" the policeN A Les, si%. 0 .....And did "ou e/ecute a state'ent at the police stationN

0 Les , si%.F(+ On Au&ust (+, (**? o% seven da"s afte% the Au&ust *, (**? %ape, the victi' 8$ith the assistance of he% 'othe%: $as able to fo%'ali1e he% co'plaint befo%e Asst. P%osecuto% Gilf%edo -. Ma"ni&o. #he%e $as thus no dela" in %epo%tin& the incident sued upon. An"$a", dela" o% vacillation in 'a)in& a c%i'inal accusation does not necessa%il" i'pai% the c%edibilit" of the co'plainin& $itness.(C On the issue of $hethe% the absence of th%eats ne&ated the p%esent cha%&e of %ape, the Cou%t %ules in the ne&ative. Appellant placed %eliance on his theo%" that the%e $as no th%eat as the victi' ad'itted that no th%eats $e%e 'ade a&ainst he% life o% that of he% fa'il"< and that the ph"sical e/a'ination conducted on the victi' b" the 'edico le&al office% sho$ed no si&ns of ph"sical in4u%ies. It should be bo%ne in 'ind that appellant is la$full" 'a%%ied to the 'othe% of the victi', $ho p%acticall" &%e$ up %eco&ni1in& the appellant as he% o$n fathe%. #he %elationship bet$een a stepfathe% and stepdau&hte% is a)in to the %elationship of a natu%al fathe% and a natu%al dau&hte% especiall" if the stepdau&hte% &%e$ up %eco&ni1in& hi' as he% o$n. Such %elationship necessa%il" en&ende%ed 'o%al ascendanc" of the stepfathe% ove% the step dau&hte%. Althou&h it is t%ue that the%e $e%e no ph"sical in4u%ies found in the victi'Js bod", in %ape cases absence of bodil" th%eats does not 'atte% $he%e the%e is an e/istin& %elationship bet$een the appellant and the victi', %esultin& to 'o%al ascendanc" of the fo%'e% ove% the latte%. Appellant bein& the Fstep fathe%F of the victi' ce%tainl" e/e%cised 'o%al and ph"sical ascendanc" ove% the victi', $hich ascendanc" could suffice to co$ the step dau&hte% into sub'ission to he% stepfathe%Js bestial desi%es. (E A stepfathe% need not 'a)e an" th%eat a&ainst the stepdau&hte% because the latte% is co$ed into sub'ission $hen &%ipped $ith the fea% of %efusin& the advances of a pe%son she custo'a%il" obe"s. Appellant a%&ues that it $as i'possible fo% hi' to %ape his stepdau&hte% since the" $e%e %entin& a sin&le %oo' $he%e he slept $ith his $ife, thei% dau&hte% and the victi'. #his contention is also untenable. Rape 'a" be co''itted in a %oo' $hich is ad4acent to $he%e the victi'Js fa'il" is sleepin& o% even in a %oo' $hich the victi' sha%es $ith othe% people. #he%e is no %ule that %ape can onl" be co''itted in seclusion.(* Anent the defense of denial b" appellant, it is a $ell settled %ule that denials unsubstantiated b" clea% and convincin& evidence a%e ne&ative and self se%vin& and dese%ve no $ei&ht in la$ and cannot be &iven &%eate% evidentia%" $ei&ht than the c%edible testi'on" of the victi'.

In the case unde% evaluation, appellant failed to substantiate his defense of denial. 5e 'e%el" theo%i1ed that he $as p%obabl" sleepin& at the ti'e of the incident. On this point, appellant decla%ed. FAtt". 9". 8on di%ect e/a'ination: 0 No$, the evidence fo% the p%osecution discloses, M%. Gitness, as testified to b" the co'plainant and othe% $itnesses that "ou a%e cha%&ed fo% %ape b" the co'plainant $hich acco%din& to the' co''itted b" "ou on Au&ust *, (**? at C.,, oJcloc) in the evenin&, $hat can "ou sa" about that testi'on"N ANSGER. .....I don>t )no$ an"thin& about that, si%. 0 #he cha%&e a&ainst "ou, is the%e an" t%uth to it, M%. GitnessN A #hat is not t%ue, si%. 0 B" the $a", do "ou %ecall $he%e "ou $e%e on Au&ust *, (**? at C.,, oJcloc) in the evenin&N A It could be that I $as at ho'e sleepin&, si%.F6, Be%il", the testi'on" of the victi', dul" co%%obo%ated b" the 'edico le&al %epo%t, p%evails ove% appellantJs plain denial of the cha%&es a&ainst hi'. D%. !esusa Nieves Be%&a%a, the 'edico le&al office% $ho conducted the 'edical e/a'ination, disclosed. FA##L. CEDI--O. .....;o% the accused, "ou% 5ono%. PROS. BE-ASCO. .....;o% the p%osecution. Ma" $e call on D%. Be%&a%a. CO9R#. .....S$ea% in the $itness. /// GI#NESS. .....I a' !ES9SA NIEBES BER@ARA, 76 "ea%s old, 'a%%ied, 'edico le&al office%, cHo PNP C-S, Ca'p C%a'e, 0ue1on Cit". /// ///

PROS. BE-ASCO. .....Ou% $itness "ou% 5ono% please conducted 8sic: ph"sical e/a'ination upon the pe%son of Es'e%alda Mendo1a Balacano and on he% e/a'ination, the sub4ect is on a non vi%&in state. /// /// ///

PROS. BE-ASCO. .....Mada' Gitness, do "ou %e'e'be% if "ou pe%sonall" e/a'ined the pe%son of one Es'e%alda Mendo1aN ANSGER. .....Les, Si%. 0 .....Ghen did "ou conduct said e/a'ination. A .....Au&ust (=, (**? at a%ound 6.(? P.M., si%. 0 .....Ghat $as the %esult of "ou% e/a'ination. A.....#he %esult is the victi' is in a non vi%&in state ph"sicall". 0 .....Ghat is the basis of "ou% conclusion. A.....M" findin&s on the h"'en deep healed lace%ations positioned at 7, + and * oJcloc). 0.....5o$ about an" si&ns of application of violence. Did "ou find this si&ns in the bod" of the victi'N A .....None, si%. 0.....Did "ou %educe "ou% findin&s in the $%itten fo%'N A .....Les, si%. /// /// ///

CROSS-E9AMINATION OF !R. JESUSA ,ERGARA, 6ITNESS, CON!UCTE! *aA##L. CEDI--O. 8sic:

.....Mada' $itness, in E/h. FBF, Medico -e&al Repo%t, "ou stated the pu%pose of labo%ato%" e/a'ination as to dete%'ine ph"sical si&ns of se/ual abuse, a' I co%%ectN A.....Les, si% 0.....And the conclusion $as that sub4ect is in non vi%&in state. 0uestionU #he pu%pose $as not bein& ans$e%ed in the conclusion, a' I co%%ectN Ghethe% o% not the%e $as a se/ual abuse. Lou 'e%el" state that the victi' is in non vi%&in state, a' I co%%ectN A.....Les, si%. 0 .....Gh" is it soN A.....M" basis fo% sa"in& that the victi' is in a non vi%&in state ph"sicall" a%e '" findin&s on the &enital pa%ticula%l" on the h"'en %evealin& alte%ations positioned at 7, + and * oJcloc). A##L. CEDI--O. .....So stated othe%$ise, othe% than "ou% conclusion that the sub4ect is in non vi%&in state, the%e $e%e no ph"sical si&ns of se/ual abuse. ANSGER. .....I thin) si% the alte%ations on the h"'en is one indication that the%e $as se/ual abuse. /// /// ///

0.....Ghat $e%e the e/ceptions if "ou )no$. A.....#he%e a%e othe% facto%s that cuase 8sic: lace%ation of the h"'en. -i)e the passa&e of blood du%in& 'enst%uation, a fall on a ha%d, sha%p ob4ect $ith the &enital hittin& that ob4ect, inst%u'entation is anothe%. A##L. CEDI--O. .....So to %ecapitulate, the%e $e%e at least th%ee 87: instances $he%eb" the victi' $ill be in a non vi%&in state and "et she is not a victi' of se/ual assault, a' I co%%ectN A.....Les, si%. A##L. CEDI--O. .....Na'el", passa&e of clotted blood, fall on a sha%p ob4ect and inst%u'entation. A.....#hose $e%e a'on& the facto%s, si%.

0.....Ghen "ou said a'on&, aside f%o' these th%ee 87:, the%e $e%e othe%sN A.....Les, si%. A##L. CEDI--O. 8on c%oss: .....Ghat $e%e those othe%s. ANSGER. .....Disease called dipthe%ia 8sic:, fo%cible ent%" of a ha%d blant 8sic: ob4ect. 0.....So fa% as "ou %e'e'be%, the%e $e%e five 8?: e/ceptions. A.....Les, si%. A##L. CEDI--O. .....#hat $ill be all, "ou% 5ono%. CO9R#. .....5o$ about ho%sebac) %idin& and b" bic"cle. A......No, "ou% 5ono%, unless the%e is di%ect t%au'a on the h"'en.F6( It bea%s st%essin& he%e that the victi' $as onl" fou%teen "ea%s old $hen she lod&ed the co'plaint a&ainst he% stepfathe%. It has been held that no $o'an, especiall" one of tende% a&e, $ould cont%ive a co'plaint fo% %ape, allo$ a &"nelo&ic e/a'ination and pe%'it he%self to be sub4ected to a public t%ial if she is not 'otivated solel" b" a desi%e to have the culp%it app%ehended and punished.66 In fact, the p%evailin& %ule is that the testi'onies of %ape victi's $ho a%e "oun& and i''atu%e dese%ve full c%edence. 67 No "oun& &i%l $ould e/pose he%self to hu'iliation and public scandal unless she is i'pelled b" a st%on& desi%e to see) 4ustice.6= #he instances cited b" appellant bein& insufficient to tilt the scales of 4ustice in his favo%, the Cou%t is full" convinced that the appellant is &uilt". But fo% $hat c%i'e is appellant ans$e%ableN Afte% a ca%eful stud" and assess'ent of the evidence on hand, onl" the c%i'e of si'ple %ape $as co''itted.34wphi3 #he t%ial cou%t e%%ed in appl"in& A%ticle 77? of the Revised Penal Code, as a'ended b" Section (( of RA C+?*, $hich p%esc%ibes the death penalt", $hen the victi' is unde% ei&hteen 8(E: "ea%s of a&e and the offende% is a pa%ent, ascendant, step pa%ent, &ua%dian, %elative b" consan&uinit" o% affinit" $ithin the thi%d civil de&%ee, o% the co''on la$ spouse of the pa%ent of the victi'.

Althou&h the p%op%iet" of i'position of the penalt" has not been %aised b" appellant< nonetheless, an appeal in c%i'inal cases opens the enti%e case fo% %evie$ and it beco'es the dut" of the appellate cou%t to co%%ect an" e%%o%, as 'a" be found in the appealed 4ud&'ent, $hethe% assi&ned as an e%%o% o% not.6? A %eadin& of the Info%'ation in C%i'inal Case No. 0 *? +6+E+ leads to the i%%esistible conclusion that the appellant $as 'e%el" indicted fo% si'ple %ape and not fo% %ape $ith the Dualif"in& ci%cu'stances $ithin the conte'plation of RA C+?*. ;ailu%e to 'ention the %elationship bet$een the appellant and the "oun& victi', step fathe% and step dau&hte%, %espectivel", necessa%il" e/cludes the c%i'e f%o' the cove%a&e of RA C+?*. #o 4ustif" the i'position of the sup%e'e penalt" of death, both the special Dualif"in& ci%cu'stances of the victi'Js 'ino%it" and he% %elationship to the offende% 'ust be alle&ed and p%oved. As succinctl" %atiocinated in the case of People vs. Ramos=6+ FGhile Republic Act No. C+?* did not &ive a le&al desi&nation to the c%i'e of %ape attended b" an" of the seven ne$ ci%cu'stances int%oduced in A%ticle 77? on Dece'be% 7(, (**7, this Cou%t has %efe%%ed to such c%i'e as Dualified %ape in a nu'be% of its decisions. 5o$eve%, $ith o% $ithout a na'e fo% this )ind of %ape, the concu%%ence of the 'ino%it" of the victi' and he% %elationship $ith the offende% &ive a diffe%ent cha%acte% to the %ape defined in the fi%st pa%t of A%ticle 77?. #he" %aise the i'posable penalt" upon a pe%son accused of %ape f%o' %eclusion pe%petua to the hi&he% and sup%e'e penalt" of death. Such an effect con4ointl" puts %elationship and 'ino%it" of the offended pa%t" into the natu%e of a special Dualif"in& ci%cu'stance. As this +ualif!in circumstance was not pleaded in the information or in the complaint a ainst appellant, he cannot 'e convicted of +ualified rape 'ecause he was not properl! informed that he is 'ein accused of +ualified rape. The %onstitution uarantees the ri ht of ever! person accused in a criminal prosecution to 'e informed of the nature and cause of accusation a ainst him. This ri ht finds amplification and implementation in the different provisions of the Rules of %ourt. #oremost amon these ena'lin provisions is the office of an information. 8unde%sco%in& supplied: /// /// ///

#o be 'o%e p%ecise, $e decla%ed in &arcia that it $ould be a denial of the %i&ht of the accused to be info%'ed of the cha%&es a&ainst hi' and, conseDuentl", a denial of due p%ocess, if he is cha%&ed $ith si'ple %ape and be convicted of its Dualified fo%' punishable $ith death althou&h the attendant ci%cu'stance Dualif"in& the offense and %esultin& in capital punish'ent $as not alle&ed in the indict'ent on $hich he $as a%%ai&ned.F ConseDuentl", the lac) of alle&ation of %elationship bet$een the appellant and his victi' in the Info%'ation fo% %ape, p%ecludes the i'position of the death penalt" since %elationship, in this pa%ticula% fo%' of %ape, is Dualif"in& and not 4ust a &ene%ic

a&&%avatin& ci%cu'stance. 5avin& been info%'ed of the c%i'e of si'ple %ape onl", appellant can 4ust be convicted of si'ple %ape and sentenced to suffe% the penalt" of %eclusion pe%petua p%esc%ibed the%efo%. #he a$a%d of P(,,,,,,.,, fo% 'o%al da'a&es is dee'ed to include the civil inde'nit". 6HEREFORE, the 4ud&'ent of the t%ial cou%t in C%i'inal Case No. 0 *? +6+E+ i'posin& the death penalt" on appellant !ai'e Balacano L Dalafu is A;;IRMED $ith MODI;ICA#ION, in that the penalt" i'posed belo$ is he%eb" RED9CED to reclusion perpetua. Appellant is o%de%ed to pa" the victi' civil inde'nit" of ;ift" #housand 8P?,,,,,.,,: Pesos, plus 'o%al da'a&es of ;ift" #housand 8P?,,,,,.,,: Pesos. Costs a&ainst appellant SO ORDERED. Davide, ,r., %.,., >%hairman?, Melo, Puno, (itu , 0apunan, Mendo$a, Pan ani'an, .uisum'in , Pardo, Buena, &on$a a2Re!es, 1nares2/antia o, and De )eon, ,r., ,,., concu%. Bellosillo, ,., ab%oad on official business.

Foo'$o'#/
(

Penned b" 5on. Pe%cival Mandap -ope1, B%anch CE, Re&ional #%ial Cou%t in 0ue1on Cit".
6

Rollo, p. (*. Reco%ds, p. (. #SN, Nov. (7, (**?, pp. 7 ?. Rollo, pp. (? (E. Section (=86:, A%tcle III, Sec. 6, Rule (77, Revised Rules of Cou%t. 9nited States vs. Dou&lass, 6 Phil =+(, =C=.

Mo%eno, ;ede%ico B. Philippine -a$ Dictiona%"< 6nd Ed., p. ?(+, citin& the case of People vs. 9'ali, ,6*E, CR, Ap%il 6+, (*+?.
(,

I'id., citin&. -ee Qhen& vs. @o Chian, ??,++ R, Au&ust (*, (*C+.

((

Rollo, p. 77, B%ief fo% the Accused Appellant, p. =.

(6

People vs. Oba%, !%., 6?7 SCRA 6EE, 6*7< People vs. Melivo, 6?7 SCRA 7=C, 7+6.
(7

People vs. Rabosa, 6C7 SCRA (=6, (?(< People vs. C%istobal, 6?6 SCRA ?,C, ?(+.
(=

People vs. !a&olin&a", 6E, SCRA C+E, CC=. Rollo, pa&e (E. #SN, Nov. (?, (**?, p. ? +. People vs. Deville%es, 6+* SCRA C(+, C7,.

(?

(+

(C

(E

People vs. Sa&a%al, 6+C SCRA +C(, +E,< People vs. Casil, 6=( SCRA 6E?< People vs. Obe4as, 66* SCRA ?=*.
(*

People vs. Deville%es, supra< People vs. #alaboc, 6?+ SCRA ==(< People vs. Catoltol, S%., 6+? SCRA (,*.
6,

#SN, Dece'be% +, (**?, p. (6. #SN, Nove'be% (7, (**?, pp. 6 +.

6(

66

People vs. Antipona, 6C= SCRA 76E, 77?< People vs. @a&to, 6?7 SCRA =??< People vs. Abo%do, 6?E SCRA ?C(.
67

People vs. @ali'ba, 6?7 SCRA C66, C6E. People vs. And%es, 6?7 SCRA C?(, C?C. People vs. ReMola, 7,E SCRA (=? citin&. People vs. Medina, 7,, SCRA *E.

6=

6?

6+

People vs. Ra'os, 6*+ SCRA ??*, ?C? ?C+ citin&. Section (=86:, A%ticle III, Constitution and Section ( 8b:, Rule ((?< Sections 7, =, + (=, Rule ((,< Rule ((+< Rule ((C< Sections 7, =, ?, ((, Rule (6,, Rules of Cou%t. #he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT EN BANC G.R. No. 121101 July 6, 2000

PEOPLE OF THE PHILIPPINES, plaintiff and appellee, vs. FERNAN!O !IASANTA y ,ILLANUE,A, accused appellant.

PER CURIAM, J.5 Appellant ;e%nando Diasanta $as indicted fo% the c%i'e of Rape, defined and penali1ed unde% pa%a&%aph 7, A%ticle 77? of the Revised Penal Code, in %elation to Section (( of Republic Act No. C+?*, unde% an Info%'ation filed on the basis of the Co'plaint of the victi'Js &%and'othe%, alle&in&. F#hat on o% about E.7, oJ cloc) in the evenin& of Octobe% 6E, (**? at Sitio Naboon&an, Pu%o) ?, Ba%an&a" Da&uit, Municipalit" of -abo, P%ovince of Ca'a%ines No%te and $ithin the 4u%isdiction of this 5ono%able Cou%t, the above na'ed accused u%&ed b" his bestial lust and ta)in& advanta&e of his pa%ental autho%it" unla$full", feloniousl", and c%i'inall", did then and the%e, co''it se/ual inte%cou%se $ith his o$n dau&hte% And%ea Diasanta, a 'ino% belo$ (6 "ea%s old to he% da'a&e and p%e4udice. CON#RARL #O -AG.F 9pon a%%ai&n'ent the%eunde% on Ma%ch 6C, (**+, $ith the assistance of counsel, appellant ente%ed a plea of not &uilt" to the cha%&e. P%e t%ial havin& been $aived, t%ial ensued. On Nove'be% 6*, (**+, the t%ial cou%t ca'e out $ith its decision findin& appellant &uilt" and disposin& as follo$s. FG5ERE;ORE, IN #5E -I@5# O; #5E ;ORE@OIN@ PREMISES, 4ud&'ent is he%eb" %ende%ed findin& accused ;ERNANDO DIASAN#A L BI--AN9EBA &uilt" be"ond %easonable doubt of the c%i'e of RAPE as defined and penali1ed unde% pa%a&%aph 7, A%ticle 77? of the Revised Penal Code in %elation to Section (( of Republic Act. No. C+?* 8Death Penalt" -a$: and acco%din&l" sentencin& hi' to suffe% the sup%e'e PENA-#L O; DEA#5 and to pa" to the victi' the a'ount of P?,,,,, as 'o%al da'a&e pu%suant to A%ticle 66(* 87: in %elation to A%ticle 66(C of the Civil Code and P7,,,,,.,, as e/e'pla%" da'a&e< and to pa" the costs. SO ORDERED.F Gith the i'position of the death penalt", the case $as elevated to this Cou%t fo% auto'atic %evie$. Be%sion of the p%osecution. Since the death of he% 'othe%, victi' And%ea B. Diasanta lived in Capalon&a, Ca'a%ines No%te, $ith he% fathe%, the he%ein appellant, and he% "oun&e% b%othe%. Du%in& the 'onth of Octobe%, (**?, appellant $o%)ed in the const%uction of a di)e in Ba%an&a" Da&uit, -abo, Ca'a%ines No%te, such that the victi' and he% "oun&e% b%othe% sta"ed in a %oo' ad4acent

to the house of thei% aunt, Me%ia' Bacla, in Sitio Naboon&an, Da&uit, -abo, Ca'a%ines No%te. At a%ound E.7, oJcloc) in the evenin& of Octobe% 6E, (**?, the victi', then eleven "ea%s old, $as d%a&&ed b" the appellant to a space belo$ the house of Me%ia' Bacla, and the%eat, he fo%ced the victi' to lie do$n on he% bac), %e'oved he% unde%$ea%, placed hi'self on top of he% and the%eafte%, unleashed his bestial and incestuous desi%es. #he victi' neithe% %esisted no% shouted fo% help because appellant th%eatened to )ill he% if she did. Ghile appellant $as se/uall" abusin& he%, she had a &li'pse of he% aunt, Me%ia' Bacla, peepin& f%o' the house above. #he said aunt of the victi' testified that in the evenin& of Octobe% 6E, (**?, she noticed that the victi' $as 'issin&. As it $as &ettin& late, she sta%ted loo)in& fo% he%. Ghen she pee)ed belo$ the house, she $as shoc)ed to see the victi' l"in& on he% bac) $ith appellant on top of he%. She 8$itness: then i''ediatel" left to call the uncle but $hen the" %etu%ned, appellant and the victi' $e%e no lon&e% a%ound. Ghen she conf%onted the victi' afte% the incident, the latte% told he% that she $as %aped b" appellant. Also p%esented b" the p%osecution $as D%. Ma%celito B. Abas, Medico -e&al office% of the Ca'a%ines No%te P%ovincial 5ospital, $ho testified that on Octobe% 6*, (**?, And%ea Diasanta, the victi', $as b%ou&ht to his clinic fo% &enital e/a'ination. 5e found h"'enal lace%ations at the t$o oJcloc), fou% oJ cloc), seven oJcloc), and eleven oJ cloc) positions $hich could have been caused b" a fo%ced penet%ation of a penis into he% va&ina. #he findin&s $e%e Fne&ativeF fo% spe%' cells but acco%din& to the sa'e 'edico le&al office%, the absence of spe%'s could have been due to 'ove'ents b" the victi', such as standin&, $al)in& and %unnin&, o% the spe%'s could have been $ashed out b" u%inatin& o% $ashin& b" the hands. -astl", in suppo%t of its alle&ation that the victi', And%ea Diasanta, $as belo$ t$elve "ea%s old at the ti'e the %ape $as co''itted on Octobe% 6E, (**?, the p%osecution dul" p%esented in evidence the Ce%tificate of -ive Bi%th of And%ea Diasanta that she $as bo%n on Dece'be% (, (*E7.( #he defense %elied solel" on appellantJs testi'on". Appellant ;e%nando Diasanta, testif"in& fo% and on his behalf, theo%i1ed that on Octobe% 6E, (**?, he $as at a const%uction site nea% Ba%an&a" Da&uit I, -abo, Ca'a%ines No%te, $he%e he sta"ed until E.7, oJ cloc) in the evenin&. ;%o' the%e, he p%oceeded to the house of his siste% in la$ at Sitio Naboon&an, about th%ee 87: )ilo'ete%s a$a" f%o' the said const%uction site, a%%ivin& the%e at *.,, oJ cloc). 5e $as on his $a" to &ive 'one" to his siste% in la$, $hen he $as app%ehended b" t$o soldie%s $ho info%'ed hi' that he $as accused of %apin& his o$n dau&hte%. On the basis of the testi'onies of the victi', And%ea Diasanta, and he% aunt, Me%ia' Bacla, the lo$e% cou%t convicted appellant of the c%i'e of incestuous %ape, as cha%&ed.

AppellantJs B%ief theo%i1ed that the &uilt of appellant has not been p%oved be"ond %easonable doubt and the%efo%e, the t%ial cou%t e%%ed in convictin& hi'. In the %evie$ of %ape cases, li)e this, the Cou%t is al$a"s &uided b" the p%inciple that. 8a: an accusation of %ape can be 'ade $ith facilit", is difficult to p%ove, but 'o%e difficult fo% the pe%son accused, thou&h innocent, to disp%ove< 8b: that in vie$ of the natu%e of the c%i'e $hich usuall" involves onl" t$o pe%sons, the testi'on" of the co'plainant 'ust be sc%utini1ed $ith e/t%e'e caution< and 8c: the evidence fo% the p%osecution 'ust stand o% fall on its o$n 'e%its< and cannot be allo$ed to d%a$ st%en&th f%o' the $ea)ness of the evidence fo% the defense.6 Rape is al'ost usuall" co''itted in seclusion, the fact of ca%nal )no$led&e bein& essentiall" )no$n onl" to the victi' and he% abuse%.7 9suall", it is onl" the victi' $ho can identif" the assailant b" the ve%" natu%e of the c%i'e $hich, al'ost al$a"s, is co''itted in seclusion.= Mo%e often than not, the cou%ts a%e const%ained to balance the evidentia%" $ei&ht of the testi'on" of the victi' as a&ainst the evidence fo% the defense. In the absence of othe% di%ect $itnesses, it is possible fo% the 4ud&'ent of conviction to be based solel" on the testi'on" of the victi' p%ovided he% testi'on" is c%edible, natu%al, convincin& and othe%$ise consistent $ith hu'an natu%e and the cou%se of thin&s.? #he case unde% sc%utin" is one of incestuous %ape. #he t%ial cou%t discha%&ed its a%duous tas) of $ei&hin& the affi%'ative testi'on" of the victi' in the face of the vehe'ent denial b" the appellant. #he testi'on" of the victi' appea%s cate&o%ical and st%ai&htfo%$a%d. She definitivel" na%%ated the se/ual o%deal she suffe%ed in the hands of he% ve%" o$n fathe%, thus. 0. No$, at a%ound E.7, oJ cloc) in the evenin& of Octobe% 6E, (**?, "ou said, "ou $e%e in the house of "ou% auntie Me%ia' Bacla, do "ou )no$ of an" unusual incident that happened to "ou on that date at a%ound E.7, oJ cloc) in the evenin&N A. #he%e $as, si%. 0. Ghat $as that incident aboutN A. I $as pulled unde% the house, si%. 0. Gho pulled "ouN A. M" papa, si%. 0. #his ;e%nando Diasanta, the accused in this caseN A. Les, si%.

0. Afte% "ou $e%e pulled unde% the house b" "ou% fathe%, the accused in this case, $hat did he do to "ouN A. FPina&sa'antalahan po a)oF, I $as se/uall" abused, si%. 0. Ghen "ou said Fpina&sa'antalahanF, $hat do "ou 'eanN A. M" fathe% put hi'self on top of 'e, si%. 0. Ghat did "ou% fathe% do, $hile he is on top of "ou% bod"N A. 5is penis $as inse%ted to 'ine and pushed and pulled it in '" va&ina, si%. 0. No$, b" the $a" befo%e "ou% fathe% $ent on top of "ou% bod", $e%e "ou $ea%in& a pant"N A. #he%e $as none, si%. 0. Befo%e "ou% fathe% $ent on top of "ou% bod" $e%e "ou $ea%in& "ou% pant"N A. It $as %e'oved, si%. 0. Gho %e'oved itN A. M" papa, si%. 0. #he accused in this caseN A. Les, si%. 0. No$, at the ti'e $hen "ou% papa $as on top of "ou and "ou said, it happened unde% the floo% of "ou% auntie Me%ia' Bacla, did "ou 'a)e an" %esistance o% shoutN A. No, si%. 0. Gh" $e%e "ou not able to %esist o% shoutN A. I $as af%aid, si%. 0. Gh" $e%e "ou af%aid at that ti'eN A. 5e told 'e that I $ill be )illed if I $ill shout, si%. 0. 5o$ 'an" ti'es $e%e "ou se/uall" abused b" "ou% fathe% at that ti'e $hen "ou $e%e unde% the floo% of "ou% auntieN

A. Onl" once but on p%evious ti'es, I $as 'olested 'an" ti'es, si%. 0. Gas the%e an"bod" $ho sa$ "ou $hile "ou and "ou% fathe% $as unde% the house of "ou% auntie that ni&ht of Octobe% 6E, (**?N A. #he%e $s 8sic:, si%. 0. Gho $as that pe%son, if "ou )no$N A. Auntie Me%ia' Bacla, si%.+ Established is the %ule that testi'onies of %ape victi's, especiall" of child victi's, a%e &iven full $ei&ht and c%edit. C In a lon& line of cases, this Cou%t has applied the $ell settled %ule that $hen a $o'an, 'o%e so if she is a 'ino%, sa"s that she has been %aped, she sa"s, in effect, all that is necessa%" to p%ove that %ape $as co''itted.E Cou%ts usuall" &ive &%eate% $ei&ht to the testi'on" of a &i%l $ho is a victi' of se/ual assault, especiall" a 'ino%, and pa%ticula%l" in cases of incestuous %ape, because no $o'an $ould be $illin& to unde%&o a public t%ial, alon& $ith the sha'e, hu'iliation and dishono% of e/posin& he% o$n de&%adation, $e%e it not to conde'n an in4ustice and to have the offende% app%ehended and punished.* #he e'ba%%ass'ent and sti&'a of allo$in& an e/a'ination of he% p%ivate pa%ts and testif"in& at a public t%ial on the painfull" inti'ate details of he% violation effectivel" %ule out the possibilit" of a false accusation of %ape.(, In the case unde% conside%ation, the unflinchin& and %esolute account b" the victi', And%ea Diasanta, befo%e the lo$e% cou%t on $hat $as done to he% b" he% o$n fathe%, stands the test of c%edibilit". 5e% testi'on" $as dul" co%%obo%ated b" an e"e$itness, he% aunt Me%ia' Bacla, $ho testified on $hat she actuall" $itnessed on that fateful ni&ht of Octobe% 6E, (**?, to $it. 0. No$ at a%ound E.7, oJ cloc) on Octobe% 6E, (**?, do "ou %e'e'be% $hat happened to "ou% houseN A. #he%e is, si%. 0. Ghat $as that incident aboutN 8At this 4unctu%e the $itness is c%"in&: A. FGala si And%ea, F si%. I $as see)in& on 8sic: the child%en on that evenin& of Octobe% 6E, (**? because it $as al%ead" E.7, oJcloc) in the evenin& and I sa$ ;e%nando Diasanta on top of And%ea Diasanta $hen I peeped unde% the house. 0. Gho $e%e the pe%sons $ho' "ou sa$N

A. It $as ;e%nando and the dau&hte%, And%ea, si%. 0. Ghat $e%e the position of ;e%nando Diasanta and And%ea Diasanta at that ti'e $hen "ou sa$ the'N A. I sa$ the' $ith And%ea l"in& do$n and the fathe% ;e%nando $as on top of the bod" of And%ea, si%. 0. Ge%e "ou able to notice $hethe% the" have thei% clothes at that ti'eN A. I cannot %e'e'be%, si%. 0. Ghen "ou sa$ "ou% b%othe% in la$ ;e%nando $as on top of the bod" of his dau&hte%, And%ea, $hat did "ou doN A. I called '" uncle, si%. 0. Ghat happened afte% thatN A. Ghen '" uncle a%%ived at that place the" $e%e no lon&e% the%e, si%. 0. Ge%e "ou able to conf%ont to "ou% uncle that "ou% niece And%ea $hen "ou sa$ he%, he% fathe% $as on top of he% bod"N 8sic: A. No, si%. 0. Lou said that "ou sa$ ;e%nando Diasanta $as on top of the bod" of And%ea, can "ou tell the cou%t $hat the" $e%e doin& then at that ti'eN 8At this 4unctu%e $itness c%"in& and she $as de'onst%atin& the position of ;e%nando Diasanta $hile he $as on top of the bod" of And%ea Diasanta.: A. ;e%nando Diasanta $as on top of the bod" of And%ea, si%. 0. Ghen "ou sa$ And%ea to&ethe% $ith he% fathe% $he%ein his 8sic: fathe% $as on top of he% bod", $as And%ea l"in& on his 8sic: bac)N A. Les, si%. 0. 5o$ about this ;e%nando Diasanta, $he%e $as he facin&N A. FNa)adapa po, F he $as l"in& ove% the bod" of And%ea, si%.(( #he fo%e&oin& testi'on" cannot be discounted. #hat the sa'e is a 'e%e fab%ication is a hac)ne"ed defense fo% it is unnatu%al and unbelievable fo% the aunt of the victi' to concoct a sto%" of %ape of he% o$n niece that $ould b%in& sha'e and scandal not onl" to he% but to the enti%e fa'il". ;a'il" %elations a%e not so easil" i'pe%iled, $ith the fathe%

facin& the %is) of bein& i'p%isoned fo% banal and fli's" %easons, such as that theo%i1ed upon.(6 Conside%in& the cate&o%ical and uneDuivocal testi'onies of the victi' and an e"e$itness, appellantJs alibi and self se%vin& denial cannot p%ospe%. As held in a nu'be% of cases, a ba%e denial is a ne&ative decla%ation $hich dese%ves no conside%ation and cannot p%evail ove% the affi%'ative testi'on" of the victi' $hich is co%%obo%ated b" 'o%e evidence.(7 It cannot su%vive the positive identification of the 'alefacto% b" the victi'. Affi%'ative testi'on" is fa% st%on&e% than a ne&ative one, especiall" $hen it co'es f%o' the 'outh of a c%edible $itness.(= Cou%ts have loo)ed upon the defense of alibi $ith suspicion and have al$a"s %eceived it $ith caution not onl" because it is inhe%entl" $ea) and un%eliable but also because it can easil" be fab%icated. ;o% alibi to se%ve as basis fo% acDuittal, it 'ust be established $ith clea% and convincin& evidence. #he %eDuisites of ti'e and place 'ust be st%ictl" 'et. Appellant 'ust convincin&l" de'onst%ate that it $as ph"sicall" i'possible fo% hi' to have been at the scene of the c%i'e at the app%o/i'ate ti'e of its co''ission.(? Appellant clai's that he $as at the di)e const%uction site $hen the %ape co'plained of $as co''itted, so that it $as i'possible fo% hi' to have pe%pet%ated the c%i'e. 5o$eve%, e/cept fo% his o$n self se%vin& alle&ation, appellant int%oduced no othe% evidence to bolste% his theo%". If he $as in fact at the const%uction site he theo%i1ed upon, he could have p%esented $itnesses to attest that he $as in fact the%e at the ti'e of co''ission of the c%i'e. But the defense havin& failed to do so, the t%ial cou%t co%%ectl" &ave &%eate% $ei&ht to the positive evidence of the p%osecution. ;u%the%'o%e, as a %ule appellate cou%ts $ill not distu%b the findin&s b" the t%ial cou%t on the c%edibilit" of $itnesses, fo% the t%ial cou%t is in a bette% position to pass upon the sa'e.(+ As succinctl" e/plained in the case of People vs. Atop, the t%ial cou%t has the valuable ed&e of obse%vin& the $itnessJ depo%t'ent and 'anne% of testif"in&, he% Ffu%tive &lance, blush of conscious sha'e, hesitation, flippant o% snee%in& tone, cal'ness, si&h, o% the scant o% full %eali1ation of an oathF all of $hich a%e useful aids fo% an accu%ate dete%'ination of a $itnessJ honest" and since%it".(C As a last 'inute despe%ate effo%t to disclai' autho%ship of the c%i'e, appellant capitali1ed on the ne&ative findin&s of the 'edico le&al office% as to the p%esence of spe%' cells in the victi'Js %ep%oductive o%&an and the absence of f%esh lace%ations in he% h"'en. #his issue has been sDua%el" %uled upon in the case of People vs. Ton son,(E and in subseDuent cases.(* #he absence of spe%'s in the &enital o%&an does not ne&ate %ape, the sli&htest penet%ation even $ithout e'ission bein& sufficient to constitute and consu''ate the offense. B" the sa'e to)en, the absence of f%esh lace%ations in the victi'Js h"'en is no indication that she $as not %aped. As %e&a%ds the a&e of the victi' $hich is an i'po%tant ele'ent of this c%i'e, the cou%t finds the sa'e sufficientl" p%oved b" the p%osecution. As attested to b" the dul" ce%tified

t%ue cop" of And%ea DiasantaJs Ce%tificate of -ive Bi%th afo%e'entioned, she 8victi': $as bo%n on Dece'be% (, (*E7 and the%efo%e, belo$ t$elve "ea%s old $hen she $as %aped on Octobe% 6E, (**?. #his Cou%t is, the%efo%e, convinced that appellant is &uilt" of the c%i'e cha%&ed. 3awphi3 Since the applicable la$ is pa%. 7, A%ticle 77? of the Revised Penal Code, as a'ended b" Republic Act C+?*, i'posable the%efo% is the sup%e'e penalt" of death. Althou&h fou% 'e'be%s of the cou%t 'aintain thei% adhe%ence to the sepa%ate opinions e/p%essed in People vs. Eche ara!,6, that Republic Act No. C+?*, insofa% as it p%esc%ibes the death penalt", is unconstitutional, the" neve%theless sub'it to the 'a4o%it" %ulin& that the la$ is constitutional and the death penalt" p%esc%ibed the%eunde% has to be i'posed. 6HEREFORE, the 4ud&'ent of conviction unde% auto'atic %evie$, findin& appellant &uilt" be"ond %easonable doubt of the c%i'e of %ape and sentencin& hi' to suffe% the penalt" of death, is he%eb" A;;IRMED $ith the MODI;ICA#ION that the inde'nit" o% co'pensato%" da'a&es a$a%ded to the victi', And%ea Diasanta, is INCREASED to Sevent" ;ive #housand 8PC?,,,,.,,: Pesos, follo$in& the %ulin& in People of the Philippines vs. Este'an (ictor ! Penis, p%o'ul&ated on !ul" *, (**E.6( 9pon the finalit" of this Decision, let ce%tified t%ue copies the%eof, to&ethe% $ith the %eco%ds of the case, be fo%$a%ded, $ithout dela", to the Office of the P%esident fo% possible e/e%cise of e/ecutive cle'enc", pu%suant to A%ticle E7 of the Revised Penal Code, as a'ended b" Section 6? of R. A. No. C+?*. SO ORDERED. Davide, ,r., %.,., Bellosillo, Melo, Puno, (itu , 0apunan, Mendo$a, Pan ani'an, .uisum'in , Purisima, Pardo, Buena, &on$a a2Re!es, 1nares2/antia o, and De )eon, ,r., ,,., concu%.

Foo'$o'#/5
(

Reco%ds, p. 7?.

People vs. Bal'o%ia, 6EC SCRA +EC, +*E citin&. People vs. !ulian, @.R. Nos. ((7+*6 *7, Ap%il =, (**C< People vs. Pe%e1, @.R. No. ((E776, Ma%ch 6+, (**C< People vs. Ra'i%e1, 6++ SCRA 77?, !anua%" 6,, (**C< People vs. @ua'os, 6=( SCRA ?6E, ;eb%ua%" 6(, (**?< People vs. Casinillo, 6(7 SCRA CCC, Septe'be% ((, (**6.
7

People vs. Ranido, 6EE SCRA 7+*, 7CC 7CE citin&. People vs. de @u1'an, @.R. No. ((C6(C, Dece'be% 6, (**+, 6+? SCRA 66E< People vs. Do'in&o, et. al., @.R. No. *C*6(, Septe'be% E, (**7, 66+ SCRA (?+.

People vs. Pacistol, 6E= SCRA ?6,, ?6*. People vs. @aba"%on, 6CE SCRA CE,*+. #SN, A. Diasanta, Ap%il 6*, (**+, pp. ?a C.

People vs. @ali'ba, 6?7 SCRA C66, C6E< People vs. Rosa%e, 6+= SCRA 7*E, =(6< People vs. Escobe%, 6E( SCRA =*E, ?,E< People vs. -usa, 6EE SCRA 6*+,7,7.
E

People vs. -usa, sup%a. citin&. People vs. @aba"%on, @.R. No. (,6,(E, Au&ust 6(, (**C< People vs. Co%%ea, 6+* SCRA C+, E* citin&. People vs. Bito%, 6=? SCRA 7*6, !une 6C, (**?< People vs. Biendo, 6(+ SCRA +6+, Dece'be% (+, (**6< People vs. Malaba&o, 6C( SCRA =+=, =C=.
*

People vs. -usa, sup%a< People vs. Ado%a, 6C? SCRA ==(, =+C< People vs. !unio, 67C SCRA E6+, E7(< People vs. -a&%osa, !%., 67, SCRA 6*E< People vs. Do'in&o, 66+ SCRA (?+, (C=.
(,

People vs. Pontila%, !%., 6C? SCRA 77E, 7?, citin& People vs. Ra'i%e1, @.R. No. *C*6,, !anua%" 6,, (**C< People vs. Dela C%u1, 6?( SCRA CC, E?< People vs. Sanche1, 6?, SCRA (=, 6,.
((

#SN, Me%ia' Bacla, Ma" 67, (**+, pp. + E. People vs. Pe%e1, 6C, SCRA ?6+, ?7?.

(6

(7

People vs. Ranido, supra< People vs. Ra'i%e1, 6++ SCRA 77?< People vs. ;%ancisco, 6?E SCRA ??E< People vs. Atop, 6E+ SCRA (?C, (C=< People vs. Salison, !%., 6?7 SCRA C+E.
(=

People vs. Ra'i%e1, supra< People vs. Di&no, !%., 6?, SCRA 67C, 6==.

(?

People vs. !ulian, 6C, SCRA C77, C?7< People vs. CaMada, 6?7 SCRA 6CC, 6E+ citin&. People vs. 0ue%ido, 66* SCRA C?7, ;eb%ua%" C, (**=.
(+

People vs. De @u1'an, (EE SCRA =,?, =(, =((.

(C

People vs. Atop, supra citin&. People vs. Dia1, 6+6 SCRA C67 and People vs. Delovino, 6=C SCRA +7C.
(E

(*= SCRA 6?C.

(*

People vs. @ene%alao, !%., 6(7 SCRA 7E,, 7EE< People vs. Dabon, 6(+ SCRA +?+, +C(< People vs. La'bao, (*7 SCRA ?C(, ?C*.

6,

@.R. No. (C=C6, ;eb%ua%" C, (**C. @.R. No. (6C*,7.

6(

#he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT Manila ;IRS# DIBISION G.R. No. 120210 A24&l 12, 2000

PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. NICOLAS RAMOS, accused appellant.

PAR!O, J.: On ;eb%ua%" 6=, (**6, Ma%" Ann A. Ra'os, a ten 8(,: "ea% old &i%l, cha%&ed he% fathe% Nicolas Ra'os $ith %ape in a s$o%n co'plaint $hich %eads as follo$s. #hat on o% about !anua%" (,, (**(, in the evenin& the%eof, at Poblacion, Mobo, Masbate, the above na'ed accused ta)in& advanta&e of the confidence %epose upon hi' b" the unde%si&ned co'plainant bein& his dau&hte%, b" use of deadl" $eapon, did then and the%e $illfull", and feloniousl" have a ca%nal )no$led&e $ith the p%ivate offended pa%t" a&ainst he% $ill and consent. Cont%a%" to la$. ( On Ma%ch 6C, (**6, Assistant P%ovincial P%osecuto% Ed'undo O. -e&aspi of Masbate, app%oved b" P%ovincial P%osecuto% 5e%'ene&ildo ;. Betonio, !%., filed $ith the Re&ional #%ial Cou%t, Masbate, B%anch =C, an Info%'ation a&ainst accused Nicolas Ra'os fo% %ape.6 On !une (?, (**6, upon a%%ai&n'ent, accused assisted b" Public Atto%ne" Pe%cival D. Castillo, pleaded not &uilt" to the cha%&e. #%ial ensued. On Ma%ch 7, (**?, afte% t%ial, the t%ial cou%t %ende%ed a decision findin& accused &uilt" of %ape, and sentencin& hi' thus. G5ERE;ORE, the &uilt of accused Nicolas Ra'os havin& been established be"ond %easonable doubt, he is CONBIC#ED of the c%i'e of %ape and as a conseDuence, is he%eb" sentenced to suffe% the penalt" of Reclusion Perpetua< to inde'nif" the victi' Ma%" Ann Ra'os in the su' of P=,,,,,,,,< to suffe% the accesso%" penalties the%efo% and to pa" the costs. In the se%vice of his sentence, c%edit the said accused $ith the full pe%iod of his p%eventive detention. I# IS SO ORDERED. 7 In a%%ivin& at its decision, the t%ial cou%t &ave c%edence to the testi'on" of co'plainant Ma%" Ann Ra'os on $hat the accused did to he%, to $it. On !anua%" (,, (**(, at about 'idni&ht, $hile Ma%" Ann Ra'os $as sleepin& in the house of he% &%and'othe%, she $as a$a)ened b" he% fathe% Nicolas Ra'os.

5e% fathe% und%essed he% includin& he% pant" 8sic:, then he too) off his pants, then opened he% thi&h and inse%ted his penis in he% va&ina. She felt pain on he% p%ivate pa%t and sa$ blood co'in& out f%o' it. #he accused cove%ed the victi'Js 'outh usin& one hand to p%event the latte% f%o' shoutin&. 5e% &%and'othe% $as then at the sea pullin& fish net and a%%ived at about ?.,, oJcloc) in the 'o%nin& of the follo$in& da" but Ma%" Ann neve% told he% &%and'othe% about $hat had happened because she $as af%aid of he% fathe% $ho th%eatened he%. = In fact she did not tell an"bod" about the incident until about th%ee 87: 'onths late% $hen he% aunt Eva Bela&uin b%ou&ht he% to Manila fo% the su''e% vacation. It $as to he% that the victi' fo% the fi%st ti'e %evealed the incident. 5e% aunts Eva Bela&uin and -o%ie Abanado%, did not )no$ $hat to do afte% Ma%" AnnJs %evelations and it $as onl" in Octobe%, (**( that the" sou&ht the assistance of the pe%sonnel of the Depa%t'ent of Social Gelfa%e and Develop'ent $hich in tu%n %efe%%ed the' to the PNP C%i'e -abo%ato%" Se%vice at Ca'p C%a'e, 0ue1on Cit" fo% 'edical e/a'ination. ;ou% 'onths the%eafte%, o% on ;eb%ua%" 6=, (**6, the co'plaint $as filed befo%e the Cth Municipal Ci%cuit #%ial Cou%t of Mobo, Mila&%o. ? Aside f%o' the co'plainant Ma%" Ann Ra'os, D%. Bladi'i% BillaseMo%, 'edico le&al office% of PNP C%i'e -abo%ato%", Ca'p C%a'e testified fo% the p%osecution. 5is findin&s indicated. @enital. #he%e is lanu&o t"pe &%o$th of pubic hai%. -abia 'a4o%a a%e full, conve/ and coaptated $ith da%) b%o$n labia 'ino%a p%esentin& in bet$een. On sepa%atin& the sa'e is disclosed an elastic, flesh" t"pe and con&ested h"'en $ith shallo$, healed lace%ations at 7 and E oJcloc) positions. E/te%nal va&inal o%ifice offe%s st%on& %esistance to the int%oduction of e/a'inin& inde/ fin&e% and the vi%&in si1ed va&inal speculu'. Ba&inal canal is na%%o$ $ith p%o'inent %u&osities. Ce%vi/ is no%'al in si1e, colo% and consistenc". + Accused appellant inte%posed the defense of denial. 5e said that in the evenin& of !anua%" (,, (**(, he and his dau&hte% Ma%" Ann $e%e livin& in the house of his 'othe% at Poblacion, Mobo, Masbate. #he house has a total a%ea of (? sDua%e 'ete%s $ithout an" %oo'. #he" used to sleep in that sin&le open hall to&ethe% $ith his "oun&est siste% and "oun&est b%othe%. #hat evenin&, he $as at sea fishin& b" 'eans of a net to&ethe% $ith !ose Bitoon Ra'os, Edua%do #u&bo, Vald" Masa'oc, Poldo Ma&lente and othe% pe%sons $hose na'es he fo%&ot. It too) the' until 'o%nin& to &o ho'e fo% the" had to se%vice thei% fishin& la'ps and it $ould ta)e the' t$o 86: hou%s to finish each net castin&. #he" finished pullin& the net at about =.,, in the 'o%nin&. 5e clai'ed that it $ould not be possible fo% one of the c%e$s to &o ho'e at ni&ht fo% the%e $ould be not enou&h pe%sons to pull the net. #he%e $e%e about nine o% ten pe%sons involved in net fishin&. 5e $as in cha%&e of castin& the net at sea. #his 4ob needed s)ill, so he could not 4ust leave the fishin& boat. C

5e fu%the% clai'ed that Ma%" Ann Ra'os filed a co'plaint and testified a&ainst hi' onl" at the p%oddin& of Eva Bela&uin $ho bla'ed hi' fo% the death of his $ife -o%na, Eva Bela&uinJs siste%. Eva thou&ht that accused had 'alt%eated his $ife $hen she $as still alive. #he defense fu%the% advanced the theo%" that in EvaJs desi%e to have custod" of Ma%" Ann Ra'os, she insti&ated the latte% to file a co'plaint a&ainst accused. E Gitness Pacencia Ra'os testified that he% son Nicolas Ra'os and &%anddau&hte% Ma%" Ann $e%e sta"in& in he% house at Pie%site, Poblacion Mobo, Masbate< that in the evenin& of !anua%" (,, (**(, he% son Nicolas bein& a fishe%'an, $ent to sea to&ethe% $ith his co'panions Poldo Ma&lente and othe% fishin& c%e$ 'e'be%s. #he" left at *.,, p.'. and %etu%ned at ?.,, oJcloc) the ne/t 'o%nin& as the" usuall" do. #hat ni&ht, he% &%anddau&hte% Ma%" Ann slept $ith he%. * -eopoldo Ma&lente testified that on !anua%" (,, (**(, he to&ethe% $ith Nicolas Ra'os, Edua%do Raniola, Vald" Masa'oc, #oti Ra'os, Eddie #u&bo and Popon& Ra'os $e%e at sea fishin& at Buntod Island. #he" left at E.,, in the evenin& and %etu%ned ho'e at +.,, the follo$in& 'o%nin&. 5e $as the tea' leade% and Nicolas Ra'os $as tas)ed to d%op the net to the sea. (, Accused appellant u%&es this Cou%t to acDuit hi' on the basis of a lone assi&n'ent of e%%o% that the t%ial cou%t &%avel" e%%ed in &ivin& full $ei&ht and c%edence to the testi'on" of co'plainant and in dis%e&a%din& the theo%" inte%posed b" the defense. In his b%ief, accused appellant Duestions the factual findin&s of the t%ial cou%t on the c%edibilit" of the %ape victi'. #he Cou%t finds no basis to %eve%se the findin&s of the t%ial cou%t that the testi'on" of the victi' is c%edible. #he t%ial cou%t stated that the testi'on" of Ma%" Ann Ra'os $as spontaneous, st%ai&ht fo%$a%d and positive. (( As a &ene%al %ule, $e $ill not distu%b the findin&s of the t%ial cou%t on 'atte%s %elatin& to the c%edibilit" of $itnesses. It has thus beco'e doct%inal that the evaluation of testi'onial evidence b" t%ial cou%ts is acco%ded &%eat %espect p%ecisel" because of its chance to obse%ve fi%st hand the de'eano% of the $itnesses, a 'atte% $hich is i'po%tant in dete%'inin& $hethe% $hat has been testified to 'a" be ta)en to be the t%uth o% falsehood. (6 Absent an" sho$in& that ce%tain facts of substance and si&nificance have been plainl" ove%loo)ed o% that the t%ial cou%tJs findin&s a%e clea%l" a%bit%a%", (7 the conclusions %eached b" the t%ial cou%t 'ust be %espected and the 4ud&'ent %ende%ed affi%'ed. In the p%esent case, accused appellant clai's that the cha%&es b%ou&ht a&ainst hi' $e%e concocted b" his siste% in la$, Eva.34wphi3 #his theo%" is not dese%vin& of se%ious conside%ation. It is not in acco%d $ith hu'an e/pe%ience to cha%&e the &i%lJs fathe% $ith %ape and e/pose he% to public sc%utin" and hu'iliation. Ghen the%e is no evidence to sho$ an" i'p%ope% 'otive on the pa%t of the co'plainant to testif" a&ainst the accused o% to falsel" i'plicate hi' in the co''ission of the c%i'e, the lo&ical conclusion is that the testi'on" it $o%th" of full faith and c%edence. (=

;u%the%'o%e, a %ape victi'Js testi'on" is entitled to &%eate% $ei&ht $hen she accuses a close %elative of havin& %aped he%, as in the case of a dau&hte% a&ainst he% fathe%. (? Ea%lie% and lon& standin& decisions of this Cou%t have li)e$ise held that $hen a $o'an testifies that she has been %aped, she sa"s all that is needed to si&nif" that the c%i'e has been co''itted. #his is t%ue $hen 'ade a&ainst an" 'an co''ittin& the c%i'e< it is 'o%e so $hen the accusin& $o%ds a%e said a&ainst a close %elative. (+ G5ERE;ORE, $e A;;IRM the decision of the t%ial cou%t findin& accused appellant NICO-AS RAMOS &uilt" be"ond %easonable doubt of %ape (C and i'posin& upon hi' the penalt" of reclusion perpetua, (E $ith the 'odification that accused appellant shall pa" the inc%eased a'ount of P?,,,,,.,, as civil inde'nit" and an additional P?,,,,,.,, as 'o%al da'a&es. Costs a&ainst accused appellant. SO ORDERED.34wphi3.n:t Davide, ,r., %.,., Puno, 0apunan and 1nares2/antia o, ,,., concur. Foo'$o'#/
(

Reco%d, p. ?*. Doc)eted as C%i'inal Case No. ++((, Rollo, p. ?. Rollo, pp. (= 6,. #SN, !ul" 6(, (**6, pp. 7 ?. O%i&inal Reco%ds, pp. ?*< Rollo, pp. 7 =. Reco%ds, p. +,, E/hibit FBF. #SN, Ap%il C, (**=, pp. ( C. #SN, Ap%il (=, (**=, pp. 7 +. #SN, !anua%" (=, (**=, pp. ( *. #SN !une 6, (**=, pp. ( ?. R#C Decision, Rollo, pp. (+ (C.

(,

((

(6

People vs. De -os Re"es, @.R. No. (6=E*?, Ma%ch (, 6,,, citin People vs. -ope1, 7,6 SCRA ++*.
(7

People vs. Renola, @.R. No. (66*,*(6, !une (,, (***.

(=

People vs. Escala, 6*6 SCRA =E 8(**E:. People vs. Ca%ullo, @.R. No. (6*6E*, !ul" 6*, (***. People vs. Catoltol, 6+? SCRA (,* 8(**+:.

(?

(+

(C

Defined and penali1ed unde% A%ticle 77?, Revised Penal Code, in fo%ce at the ti'e of the co''ission of the offense in (**( 8People vs. Apostol, @.R. No. (676+C +E, Dece'be% ,*, (***:.
(E

R.A. No. C+?*, a'endin& A%ticle 77?, Revised Penal Code $as effective on Dece'be% 7(, (**7 8 People vs. Midto'od, 6E7 SCRA 7*?, =,? 2(**C3< People vs. #anail, @.R. No. (6?6C*, !anua%" 6E, 6,,,:. #he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT Manila ;IRS# DIBISION G.R. No. 133110 A24&l 12, 2000

PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. JIMM* ANTOLIN (.:.(. JAMES ALON.O y MARTIN, accused appellant. !A,I!E, JR., C.J.: Accused !i''" Antolin, a.).a. !a'es Alon1o " Ma%tin, ( 8he%eafte% !IMML: appeals f%o' the decision 6 of the Re&ional #%ial Cou%t of 0ue1on Cit", B%anch E+, in C%i'inal Case No. 0 *+ ++(,+ E, 7 p%o'ul&ated on (+ Dece'be% (**C, findin& hi' &uilt" be"ond %easonable doubt of the c%i'e of %ape and sentencin& hi' to suffe% the penalt! of perpetua and to pa" the co'plainant Bett" Sala"on 8he%eafte% BE##L: and he% 'othe% the a'ount of P?,,,,, as 'o%al da'a&es and the costs of the suit. On 67 Ap%il (**+, a co'plaint fo% %ape a&ainst !IMML $as filed $ith the National Bu%eau of Investi&ation 8NBI: b" BE##L, a t$ent" fou% "ea% old = 'ental %eta%date. She $as assisted b" 5e%'eni&ilda Sala"on, he% adoptive 'othe%, in &ivin& he% s$o%n state'ent. ? BE##L clai'ed that she $as t$ice %aped b" !IMML. She had he%self ph"sicall" e/a'ined b" D%. Balentin #. Be%nales, an NBI 'edico le&al office%, $hose findin&s and %eco''endation that she should unde%&o a neu%o ps"chiat%ic test $e%e contained in a 'edico le&al %epo%t. + BE##L $as sub4ected to neu%o ps"chiat%ic and ps"cholo&ical tests and, in the evaluations, C she $as dia&nosed as a 'ental %eta%date $ith a 'ental a&e of fou% "ea%s and ei&ht 'onths and an intelli&ence Duotient of thi%t" th%ee. 5e%'eni&ilda Sala"on also e/ecuted an affidavit, E $he%ein she decla%ed that he% dau&hte% BE##L is a 'ental %eta%date. On the basis of the s$o%n state'ents of BE##L and he% 'othe%, the 'edico le&al %epo%t, and the neu%o ps"chiat%ic evaluation of BE##L, a su'poena $as issued to !IMML. In the confe%ence, BE##L positivel" identified !IMML as he% se/ual assailant< and $hen !IMML $as as)ed fo% an identification, he p%esented, a'on& othe% thin&s, his NBI clea%ance, * Social Secu%it" S"ste' identification ca%d (, and p%ivate secu%it" license identification ca%d (( $hich all bo%e the na'e !a'es Alon1o " Ma%1an. Ghen Due%ied, !IMML ad'itted that !a'es Alon1o " Ma%1an is not his %eal na'e and he uses it to conceal his t%ue identit". (6 !IMML $as the%eafte% cha%&ed $ith %ape in C%i'inal Case No. 0 *+ ++(,+< violation of Co''on$ealth Act No. (=6,, as a'ended b" Republic Act No. +,=E, othe%$ise )no$n as Anti Alias -a$, in C%i'inal Case No. 0 *+ ++(,C< and $ith falsification of public docu'ents in C%i'inal Case No. 0 *+ ++(,E. 5e 'oved fo% the consolidation of the t$o othe% c%i'inal cases $ith the %ape case. As the t%ial p%oceeded, the p%osecution eventuall" 'oved fo% the $ithd%a$al of the t$o c%i'inal cases fo% violation of the Anti Alias -a$ and fo% falsification of public docu'ents. #he t%ial cou%t &%anted the 'otion. (7

In C%i'inal Case No. 0 *+ ++(,+, the Info%'ation (= cha%&ed !IMML $ith %ape alle&edl" co''itted as follo$s. #hat so'eti'e on 8sic: Ma%ch (**+ at Bala%a, 0ue1on Cit", and $ithin the 4u%isdiction of this 5ono%able Cou%t, the 2a3bove na'ed accused did then 8and the%e: have ca%nal )no$led&e of a $o'an unde% 8sic: the pe%son of Bett" Sala"on, a 'ental %eta%date, b" usin& fo%ce and inti'idation $ith the use of a )nife. !IMML sou&ht a %einvesti&ation of the %ape case conside%in& that he $as not %ep%esented b" counsel du%in& the investi&ation held at the National Bu%eau of Investi&ation 8NBI:. #he p%osecuto% inte%posed no ob4ection. #he t%ial cou%t &%anted the 'otion. In the %esolution (? of (E !ul" (**+, the investi&atin& p%osecuto% found p%obable cause fo% %ape and %eco''ended the continuance of the c%i'inal p%oceedin&s a&ainst !IMML. !IMML pleaded not &uilt" upon a%%ai&n'ent. (+ Du%in& the t%ial, BE##L testified that she )ne$ !IMML, $ho' she called Qu"a !un. !IMML $as a f%iend of he% 'othe% and he $ould %e&ula%l" bu" f%o' thei% sto%e. Ghen %eDuested to tap !IMMLJs shoulde% to identif" hi' in open cou%t, BE##L %efused, statin& FA"a$ )o, natata)ot a)o.F Instead, she pointed at hi'. She na%%ated that one evenin&, $hen she $as fetchin& $ate% f%o' thei% bath%oo', she $as pulled a$a" b" !IMML. 5e )issed he%, 'ashed he% b%east, and totall" und%essed he%. 5e then o%de%ed he% to hold his penis and inse%t it in he% poda" 8va&ina:.(C Ghen as)ed if !IMML $as able to inse%t his penis in he% p%ivate o%&an, BE##L ans$e%ed "es and ad'itted to feelin& pain. #he $hole ti'e the" %e'ained standin&. #he%eafte%, she $as th%eatened b" !IMML that he $ould )ill he%. 5e $as then a%'ed $it a )nife and a flashli&ht. She could no lon&e% %ecall $hich 'onth the incident happened. (E Susan !a'i%o, a nei&hbo% of the Sala"ons, decla%ed that so'eti'e in the second $ee) of Ma%ch (**+, at a%ound the ti'e BE##L clai'ed she $as %aped b" !IMML, she sa$ !IMML 4u'p ove% the fence of the Sala"ons and p%oceed to the toilet. #he toilet and the nea%b" faucet, o$ned b" 5e%'eni&ilda Sala"on, $e%e also used b" the nei&hbo%s. Susan thou&ht it odd fo% !IMML to 4u'p ove% the fence since he neve% did that befo%e, and at that ti'e, she $as ce%tain that the scheduled $ate% suppl" in thei% a%ea $as not "et available. (* ;o% he% pa%t, 5e%'eni&ilda Sala"on na%%ated that so'eti'e in the second $ee), of Ma%ch (**+, !IMML ca'e to bu" so'ethin& at he% sto%e. BE##L pointed hi' out to he% and said, FNana", he $as the one $ho %aped 'e.F It $as onl" then that she lea%ned of the %ape, 5e%'eni&ilda no lon&e% conf%onted !IMML about the incident, fea%in& he 'i&ht cause t%ouble. Instead, she acco'panied BE##L to the NBI the follo$in& da" and assisted he% in filin& the co'plaint fo% %ape. She and BE##L &ave thei% %espective s$o%n state'ents, 6, then BE##L $as ph"sicall" e/a'ined.

D%. Balentin Be%nales, the NBI 'edico le&al office% $ho inte%vie$ed and ph"sicall" e/a'ined BE##L noted the%e $as an old, healed h"'enal lace%ation $hich $as th%ee to fou% $ee)s old. 5e also obse%ved that BE##L $as incohe%ent and 'entall" i'balanced, necessitatin& hi' to obtain info%'ation f%o' BE##LJs 'othe%. #hus, he %efe%%ed BE##L to the neu%o ps"chiat%ic se%vices fo% evaluation. 6( 5is findin&s a%e contained in his 'edico le&al %epo%t. 66 D%. E%linda Ma%fil, Chief of the NBI Neu%o Ps"chiat%ic Se%vices, e/a'ined BE##LJs 'ental state and concluded that she $as a 'ental %eta%date $ith a 'ental a&e of fou% "ea%s and ei&ht 'onths. Gith such a condition, BE##L could neithe% distin&uish %i&ht f%o' $%on& no% tell a lie. She fu%the% e/plained that a %eta%date cannot invent o% %eason. 67 Ghile confi%'in& that BE##L could testif" $ith c%edibilit", D%. Ma%fil cautioned that he% testi'on" should be li'ited to events pe%tainin& to he%. She fu%the% opined that BE##L $ill not be able to bea% the %i&o%s of t%ial inas'uch as he% condition is cha%acte%i1ed b" a sho%t attention span, poo% co'p%ehension, and difficult" in co''unication. She based he% findin&s on he% pe%sonal e/a'ination of and inte%vie$ $ith BE##L and the latte%Js ps"cholo&ical evaluation, 6= $hich she p%epa%ed. 6? D%. -o%inda @o1a% $as the NBI ps"cholo&ist $ho conducted a ps"cholo&ical test on BE##L. 5e% findin&s and dia&nosis a%e contained in the ps"cholo&ical evaluation %epo%t, 6+ $hich confi%'ed D%. Ma%filJs findin&s. She e/plained that BE##L onl" na%%ates $hat she actuall" sees, thin)s, and feels. BE##L cannot be coached on $hat to ans$e% in cou%t< neithe% can she invent incidents. 6C #he $itnesses fo% the defense $e%e !IMML and Rolando Infante. !IMMLJs sole defense is denial. 5e testified that in (**,, he and his spouse $e%e hi%ed b" 5e%'eni&ilda Sala"on fo% a "ea% as ca%eta)e%s of the latte%Js house in Pansol, 0ue1on Cit". #he house $as then unde% const%uction. 5e )ne$ BE##L as the adopted dau&hte% of 5e%'eni&ilda Sala"on. 6E ;%o' ( (? Ma%ch (**+, he $o%)ed a C.,, a.'. to C.,, p.'. shift as a secu%it" &ua%d at the Dut" ;%ee Shop in Pasa" Cit". 5e lived alone and his dail" %outine $as to $a)e up at ?.,, a.'., leave thi%t" 'inutes late% f%o' his ho'e in Bala%a, Pansol, 0ue1on Cit", %etu%n at (,.,, p.'., and p%oceed to sleep. In the second half of Ma%ch, he $as e'plo"ed as a ti'e)eepe% b" Rolando Infante at a const%uction site in #andan& So%a, 0ue1on Cit". 5e $o%)ed f%o' E.,, a.'. to =.,, p.'., and he $ould be ho'e b" ?.,, p.'. In Ap%il, he 4oined the secu%it" fo%ce of a ba)eshop in Mandalu"on& Cit". 6* In den"in& BE##LJs alle&ation of %ape, !IMML decla%ed that he had neve% been in the toilet $he%e she clai'ed she $as %aped. 5e )ne$ of no %eason $h" BE##L o% he% 'othe% $ould accuse hi' of such a c%i'e since he had al$a"s 'aintained &ood %elations $ith the'. Nonetheless, to cast doubt on his indict'ent, he said 5e%'eni&ilda bo%e a &%ud&e a&ainst hi' because so'e ite's in he% house $e%e alle&edl" lost at the ti'e he $as ove%seein& the const%uction of he% house. Eventuall", he and his $ife left the house upon 5e%'eni&ildaJs de'and.

Du%in& c%oss e/a'ination, !IMML ad'itted that his %esidence $as 4ust thi%t" 'ete%s f%o' the Sala"on %esidence at the ti'e BE##L $as %aped. 5e li)e$ise ad'itted usin& the na'e ,ames Alon$o.7, Rolando Infante, a cont%acto% of %esidential houses, and !IMMLJs nei&hbo% fo% ei&ht "ea%s, testified that !IMML $as a &ood 'an $ho $as neve% involved in an" c%i'e. 5e $as a$a%e of !IMMLJs $o%) schedule, that the latte% al$a"s ca'e ho'e late f%o' $o%), so he $as su%p%ised to lea%n that !IMML $as accused of %ape. 7( 5e%'eni&ilda Sala"on, $ho $as p%esented as %ebuttal $itness, denied that she hi%ed !IMML as ca%eta)e% of he% house du%in& its const%uction. On the cont%a%", !IMML and his $ife %eDuested that the" be allo$ed to d$ell the%ein since the" had no place to sta" and, out of pit", she %elented. She denied ha%bo%in& an" &%ud&e a&ainst !IMML on account of the 'issin& ite's in he% house. 5o$eve%, due to the 'isunde%standin& a%isin& the%ef%o', !IMML volunta%il" left he% house. 76 #he t%ial cou%t &ave full faith and c%edit to the testi'onies of BE##L and 5e%'eni&ilda Sala"on. It also accepted the e/pe%t opinion of the docto%s, $ho confi%'ed that BE##L is a 'ental %eta%date $ith the 'ental abilit" of a child of fou% "ea%s and ei&ht 'onths, and that she is incapable of tellin& a lie. #he t%ial cou%t $as i'p%essed $ith BE##LJs spontaneous and st%ai&htfo%$a%d testi'on", pa%ticula%l" du%in& the %i&o%ous c%oss e/a'ination, $he%e she %e'ained steadfast and consistent in he% ans$e%s. 5e% testi'on" $as li)e$ise bolste%ed b" the 'edico le&al %epo%t, 77 $hich confi%'ed the in4u%" she sustained in he% va&ina at about the ti'e she $as %aped. It %e4ected !IMMLJs denial of the c%i'e and found insi&nificant his actuation that the co'plaint $as filed a&ainst hi' due to a pe%sonal &%ud&e ha%bo%ed b" 5e%'eni&ilda a&ainst hi'. Instead, the t%ial cou%t noted he% de'eano% and concluded that he% onl" 'otive in pu%suin& the case $as to see) 4ustice fo% the c%i'e co''itted a&ainst BE##L. ;inall", the t%ial cou%t held that $he%e %ape is co''itted a&ainst a 'ental %eta%date, the c%i'e is a)in to statuto%" %ape, $he%e the ele'ent of fo%ce, violence, o% inti'idation 'a" be dispensed $ith. #hus, in its decision of (+ Dece'be% (**C, the t%ial cou%t dec%eed as follo$s. G5ERE;ORE, !9D@MEN# IS 5EREBL RENDERED findin& the accused &uilt" be"ond %easonable doubt of the c%i'e of %ape a&ainst the pe%son of the p%ivate co'plainant and he%eb" sentences hi' to suffe% the penalt" of RE%)8/I-9 PERPET8A and o%de%in& the accused to pa" the co'plainant and he% 'othe% 'o%al da'a&es in the a'ount of ;ift" #housand Pesos 8P?,,,,,.,,: plus costs. SO ORDERED. !IMML seasonabl" appealed f%o' the decision.

In his AppellantJs B%ief, !IMML clai's that the t%ial cou%t e%%ed in findin& hi' &uilt" be"ond %easonable doubt of %ape. BE##L appa%entl" ad'itted that she disli)ed hi', $hich 'a" have a%isen f%o' the 'isunde%standin& bet$een hi' and he% 'othe% 5e%'eni&ilda. Mo%eove%, it $as ph"sicall" i'possible fo% hi' to have co''itted the %ape because of his usual %outine of p%oceedin& ho'e i''ediatel" to 0ue1on Cit" f%o' Pasa" Cit" afte% his evenin& shift as a secu%it" &ua%d. #he lon& t%ip and his fati&ue hinde%ed hi' f%o' doin& an"thin& else. Ge a%e not convinced b" !IMMLJs p%otestations of innocence. In a p%osecution fo% %ape the co'plainantJs c%edibilit" beco'es the 'ost i'po%tant issue since he% testi'on" alone is sufficient fo% a ve%dict of conviction. 7= It is $ell established that $hen the c%edibilit" of a $itness is Duestioned, the appellate cou%ts $ill &ene%all" not distu%b the findin&s of the t%ial cou%t, conside%in& that it is in a 'o%e advanta&eous position to dete%'ine the issue as it hea%d the $itness and obse%ved his depo%t'ent du%in& t%ial. 7? #he e/ceptions to the %ule a%e $hen such evaluation $as %eached a%bit%a%il", o% $hen the t%ial cou%t ove%loo)ed, 'isunde%stood o% 'isapplied ce%tain facts o% ci%cu'stances of $ei&ht and substance $hich could affect the %esult of the case. 7+ In the instant case, $e sustain the t%ial cou%tJs findin&s as to the c%edibilit" of BE##L. Ge see no co&ent %eason to appl" the e/ceptions to !IMMLJs benefit. Ou% ca%eful %evie$ of BE##LJs testi'on" leads us to conclude that BE##L $as actuall" %aped b" !IMML. Ge Duote he% testi'on", thus. 0 Ghat did Qu"a !un do to "ouN A 5e )issed 'e, si%. 0 Ghat else, if an", Ms. GitnessN A 5e )issed 'e on '" nec) 8$itness pointin& to he% nec):. 0 An"thin& else, Ms. Gitness, if an"N /// /// ///

A I $as fetchin& $ate% he pulled 'e then he 'ashed '" b%east then too) off '" d%ess and '" pant" and told 'e to hold his penis and put it on '" va&ina. /// /// ///

0 Ms. Gitness, afte% he %e'oved "ou% pant" $hat happened ne/tN A Afte% he %e'oved '" pant" he put so'ethin& on '" poda" 8va&ina:. 0 Ms. Gitness, $as he able to put his penis into "ou% poda"N

A Les, si%. 0 Ms. Gitness, $hat is this poda"N A It $as $ounded. 0 Ms. Gitness, please stand up and sho$ to the 5ono%able Cou%t $hat this poda" that "ou a%e %efe%%in& toN A 8Gitness pointin& to he% p%ivate pa%t.: 0 Ghat happened ne/t, Ms. GitnessN A #hen afte% that '" pant" $as %e'oved. 0 Ghat happened ne/t, Ms. GitnessN A 5e said that he $ill )ill us. 0 Ghat happened ne/t, if an"N A 5e $as b%in&in& $ith hi' a )nife and a flashli&ht. 0 Ghat othe% thin&s did he do to "ou, if an"N A I $as fetchin& $ate%, he called 'e, he pulled 'e and afte% that he held '" b%east, %e'oved '" clothes, too) off '" pant" and told 'e to hold his penis and put it into '" va&ina. 0 Gas he able to inse%t his penis into "ou% va&inaN /// A Les, si%. 7C Indeed, in li&ht of he% 'ental state, BE##LJs si'ple na%%ation of $hat t%anspi%ed $as indicative of he% honest" and naivete. Du%in& a %i&o%ous c%oss e/a'ination, she %e'ained steadfast in he% account. -apses in he% account $e%e li'ited to the e/act date of the %ape and the du%ation of copulation. Be%il", these conside%ations a%e insi&nificant to cast doubt on he% c%edibilit". Ge cannot %easonabl" e/pect he% to %ecount in eve%" detail he% t%a&ic and 'o%tif"in& e/pe%ience in the hands of so'eone $ho' she )ne$ and t%usted. In fact, $e have %uled that 'ino% lapses st%en&then, %athe% than $ea)en, the c%edibilit" of the $itness fo% the" indicate spontaneit" and lac) of %eflection. 7E -i)e$ise, $e %espect the clinical findin&s of the docto%s $hose evaluations sho$ed that BE##L had a 'ental a&e of fou% "ea%s and ei&ht 'onths and, as such, $as incapable of /// ///

l"in&. Ge %eite%ate that the disclosu%e of an innocent child $hose chastit" $as abused dese%ves full c%edence. 7* In fact, it $ould have been easil" dete%'inable if BE##L con4u%ed he% o$n tale, fo% the abilit" to sustain such fiction $ould %eDui%e a Duic) and insidious 'ind, and he% 'ental condition ce%tainl" p%ecluded such a possibilit". Needless to sa", even the defense did not Duestion BE##LJs 'ental %eta%dation. Mo%eove%, the 'edical findin&s established the p%esence of an old healed h"'enal lace%ation, the a&e of $hich coincided $ith the ti'e BE##L $as %aped. !IMML failed to establish an" plausible 'otive fo% BE##L to accuse hi' of %ape othe% than the alle&ed ani'osit" bet$een hi' and BE##LJs 'othe%. Ge doubt that 5e%'eni&ilda $ould sub4ect BE##L to the bu%den of na%%atin& he% o%deal and e/posin& he%self to the public 4ust to e/act ven&eance on !IMML, $ho' she suspected of stealin& f%o' he% ho'e. On the cont%a%", $e a%e convinced that 5e%'eni&ilda filed the co'plaint to see) 4ustice fo% the abo'inable act co''itted a&ainst he% 'entall" %eta%ded dau&hte%. Anent !IMMLJs defense of denial, $e have consistentl" %uled that denial is an inhe%entl" $ea) defense and cannot p%evail ove% the positive testi'on" of the co'plainant.=, BE##LJs positive identification of hi' $as fu%the% bolste%ed b" anothe% $itness, Susan !a'i%o, $ho sa$ hi' in the vicinit" of the c%i'e scene at a%ound the ti'e BE##L $as %aped. Acco%din&l", his flippant e/cuse that his late a%%ival and e/haustion f%o' $o%) dete%%ed hi' f%o' en&a&in& in an" activit" the%eafte% dese%ves scant conside%ation. #he a$a%d of da'a&es 'ust be 'odified. #he t%ial cou%t e%%ed in not a$a%din& civil inde'nit", $hich 4u%isp%udence has set at P?,,,,,. =( #he a$a%d of P?,,,,, fo% 'o%al da'a&es should be to BE##L alone, $hich unde% cu%%ent case la$ need not be alle&ed no% p%oved. =6 Consistent $ith the cu%%ent polic" of the Cou%t, the accused should be o%de%ed to inde'nif" the co'plainant in the a'ount of P?,,,,, as civil inde'nit". =7 G5ERE;ORE, the appealed decision of the Re&ional #%ial Cou%t of 0ue1on Cit", B%anch E+, in C%i'inal Case No. 0 *+ ++(,+ E 8o% 0 *+ ++(,+:, == findin& accused appellant !IMML AN#O-IN a.).a. !AMES A-ONVO " MAR#IN &uilt" be"ond %easonable doubt, as p%incipal, of the c%i'e of %ape, defined and penali1ed unde% A%ticle 77? of the Revised Penal Code, and sentencin& hi' to suffe% the penalt" of reclusion perpetua, is he%eb" A;;IRMED, $ith the 'odification that he is fu%the% o%de%ed to pa" the co'plainant, BE##L SA-ALON, the a'ount of P?,,,,, as inde'nit", and the a$a%d of P?,,,,, as 'o%al da'a&es should be in favo% of the co'plainant alone. Costs a&ainst accused appellant.34wphi3.n:t SO ORDERED. Puno, 0apunan, Pardo and 1nares2/antia o, ,,., concur. Foo'$o'#/
(

5e also &oes b" the alias !a'es Alon1o " Ma%1an.

O%i&inal Reco%d 8OR:, (?6 (?*< Rollo, (C 6=. Pe% !ud&e #eodo%o A. Ba".

G%itten as C%i'inal Case No. 0 *+ ++(*+ onl" in so'e pleadin&s, o%de%s and notices.
=

In the co'plaint sheet, BE##LJs a&e $as t"ped as F67F< ho$eve%, in he% s$o%n state'ent and in he% testi'on" she decla%ed he% a&e as F6=F.
?

E/hibit FC.F E/hibit FD.F E/hibit FA.F E/hibit FB.F E/hibit FE.F E/hibit F;.F E/hibit F@.F /ee OR, (E (*. OR, E+. Id., (< Rollo, =. Id., 7? 7E. Id., =(. #SN, 6( Octobe% (**+, 7, ?, C, *, (7. Id., E, *, (C, (E. Id., 6C 7,, E/hibits FBF and FC.F #SN, E !anua%" (**C, 7 =, ? C. E/hibit FD.F #SN, (= Octobe% (**C, 7 +.

(,

((

(6

(7

(=

(?

(+

(C

(E

(*

6,

6(

66

67

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E/hibit FA.F #SN, (= Octobe% (**+, =, +. E/hibit FA 6F to FA 7.F #SN, (6 ;eb%ua%" (**C, + E< 6, Ma" (**C, C. #SN, 6C !une (**C, = +. Id., + ((. Id., (( (7, 6(, 6= 6?. #SN, 6, !une (**C, =( =7. #SN, 7 Septe'be% (**C, 6 ?. E/hibit FD.F

6?

6+

6C

6E

6*

7,

7(

76

77

7=

People v. Antonio, 677 SCRA 6E7, 6** 2(**=3< People v. -ao, 6=* SCRA (7C, (=? 2(**?3< People v. @a&to, 6?7 SCRA =??, =+C 2(**+3.
7?

People v. Delovino, 6=C SCRA +7C, +=+ =C 2(**?3< People v. 5ubilla, !%., 6?6 SCRA =C(, (CE 2(**+3< People v. 0ui4ada, 6?* SCRA (*(, 6(6 6(7 2(**+3.
7+

People v. C%istobal, 6?6 SCRA ?,C, ?(+ 2(**+3< People v. Bala'ban, 6+= SCRA +(*, +6* 2(**+3.
7C

#SN, 6( Octobe% (**+, C *.

7E

People v. @o'e1, 6?( SCRA =??, =+E 2(**?3, citin People v. !u'ano", 66( SCRA 777 2(**73 and People v. Caco, 666 SCRA =* 2(**73.
7*

People v. Sulte, 676 SCRA =6(, =6? 2(**=3< People v. Bu"o), 67? SCRA +66, +6E 2(**=3< People v. @a&to, supra note 7=, =+C.
=,

People v. Antonio, supra note 7=, 6**< People v. Delovino, supra note 7?, +=*.

=(

People v. Malunes, 6=C SCRA 7(C, 76C 8(**?:< People v. Conte, 6=C SCRA ?E7, ?*E 8(**?:.
=6

People v. P%ades, 6*7 SCRA =(( 8(**E:.

=7

People v. Malunes, 6=C SCRA 7(C, 76C 2(**?3< People v. Conte, 6=C SCRA ?E7, ?*E 2(**?3< People v. Ca&to, supra note 7=, =+*.

==

/upra note 7.

#he -a$phil P%o4ect A%ellano -a$ ;oundation

Republic of the Philippines SUPREME COURT ;IRS# DIBISION G.R. No. 126402 S#2'#"3#4 13, 2000

THE PEOPLE OF THE PHILIPPINES, plaintiff appellee, vs. LITO ROSALES, accused appellant. PUNO, J.5

#his is an appeal f%o' the decision of the Re&ional #%ial Cou%t, B%anch 6(, Bansalan, Davao del Su% findin& accused appellant -ito Rosales &uilt" of the c%i'e of %ape and sentencin& hi' to %eclusion pe%petua as follo$s. FG5ERE;ORE, in vie$ of the fo%e&oin& p%e'ises, this cou%t finds accused -ito Rosales &uilt" be"ond %easonable doubt of the c%i'e of %ape and he%eb" sentences said accused to a penalt" of %eclusion pe%petua. Accused is fu%the% o%de%ed to inde'nif" the victi' in the a'ount of P?,,,,,.,, as da'a&es in line $ith latest 4u%isp%udence. Accused is entitled to full c%edit of the p%eventive i'p%ison'ent he had unde%&one if he has abided b" the %ules and %e&ulations i'posed upon in'ates b" the autho%ities of the P%ovincial !ail of Davao del Su%, othe%$ise, he shall be entitled onl" to fou% fifths of the p%eventive i'p%ison'ent he had unde%&one. SO ORDERED.F( In an Info%'ation dated Ma%ch 7, (**7, accused appellant $as cha%&ed $ith the c%i'e of %ape co''itted as follo$s. F#hat a little past (,.,, o% the%eabout, in the evenin& of Dece'be% 6,, (**6 alon& %ive%side Billa Alde St., Bansalan, Davao del Su%, $ithin the 4u%isdiction of this cou%t, the said accused $ith delibe%ate intent, did then and the%e $ilfull", unla$full" and feloniousl" hold fo%cibl", pull and d%a& to the ban) of the %ive% one 5elen B. Billaflo%, a (C "ea% old, feeble 'inded fe'ale %eta%date, and a&ainst the $ill and despite the %esistance of the latte%, push and stead" he% a&ainst a %oc), cove% he% 'outh, %e'ove he% pant" and ulti'atel" have ca%nal )no$led&e $ith the victi', to he% da'a&e and p%e4udice. CON#RARL #O -AG.F6 #he p%osecution established that on Dece'be% 6,, (**6, at (,.,, in the evenin&, 5elen Billaflo% $as in the sto%e of he% siste% Bil'a at the public 'a%)et in Bansalan, Davao del Su%. Gith he% $as he% 'othe% and anothe% siste%, Nena. Nena %eDuested 5elen to bu" so'e sheets of cellophane at anothe% sto%e nea%b". #he%e $e%e th%ee othe% custo'e%s at the sto%e. It $as ve%" da%) that ni&ht as the%e $as a b%o$n out and the onl" li&ht $as p%ovided b" a F'itsaF7 la'p. 5elen bou&ht the cellophane. As she left the sto%e, accused appellant suddenl" appea%ed and pulled the &i%l to$a%ds hi'. 5e cove%ed he% 'outh $ith one hand and $ith the othe%, held he% hands behind he%. Accused appellant d%a&&ed 5elen to$a%ds the %ive% so'e (6, 'ete%s a$a". Beside the %ive%, accused appellant %eleased his hand on 5elenJs 'outh p%o'ptin& the latte% to shout fo% help. Accused appellant cla'ped the &i%lJs 'outh and slapped he%. 5e th%eatened that he $ould slap he% a&ain should she shout. Accused appellant 'ade 5elen lie do$n on a bi& %oc) and too) off he% pant". 5e too) off his b%ief and had ca%nal )no$led&e of the &i%l. Accused appellant ente%ed 5elen t$ice. 5elen $as f%i&htened< all pa%ts of he% bod"

felt diffe%ent and ve%" $ea). Afte% accused appellant satisfied his lust, he &ot up and left the &i%l on the %oc). 5elen &ot up and d%a&&ed he%self to he% siste%Js sto%e at the public 'a%)et. #he%e, she told he% siste% of $hat happened to he%. #hat sa'e ni&ht, he% siste% and 'othe% too) he% to the police station. 5elen info%'ed the police of $hat accused appellant did to he%. #he follo$in& da", 5elenJs fathe% too) he% to the Davao P%ovincial 5ospital fo% a ph"sical e/a'ination. #he e/a'ination $as conducted b" D%. Annabelle Lu'an&, Municipal 5ealth Office% of Bansalan, Davao del Su%. D%. Lu'an& found. FP.E. findin&s. W s$ollen, e%"the'atous labia 'a4o%a W co'plete f%esh lace%ation of h"'en $ith sli&ht bleedin& W ad'its 7 c' dia'ete% va&inal speculu' $ith ease Othe% findin&s. W e%"the'a ove% - face W contusions ove% - fo%ea%' 'id ante%io% and lo$e% lip -abo%ato%" e/a'ination R W fo% p%esence of spe%' cells= Re'a%)s. ph"sical vi%&init" is lost.F? Accused appellant denied havin& %aped 5elen. 5e said that the" $e%e s$eethea%ts and that the" had se/ual inte%cou%se because 5elen consented to it. Accused appellant alle&ed that the" beca'e s$eethea%ts on Dece'be% +, (**6, a $ee) afte% he a%%ived f%o' Southe%n -e"te. 5e $as e'plo"ed as a ba)e% at the -a Sue%te Ba)e%" $hich $as ad4acent to 5elenJs house. On Dece'be% 6,, (**6, at C.,, P.M., he $as sittin& in f%ont of the ba)e%" $hen 5elen and a co'panion $ho' he did not )no$ passed b". 5elen called hi' and as)ed hi' to acco'pan" he% to bu" b%ead at -e"nesJ Ba)e Shoppe. 5e $ent $ith the'. Afte% bu"in& b%ead, 5elen p%oceeded to he% siste%Js sto%e at the public 'a%)et $hile he %etu%ned to the ba)e%". At E.7, in the evenin&, 5elen, alone this ti'e, passed b" the -a Sue%te Ba)e%" and called accused appellant. She told hi' she $as &oin& to bu" cellophane. Accused appellant acco'panied 5elen. #he" stopped at a sto%e ba%el" 6, 'ete%s a$a" and sa$ people 'illin& a%ound. 5elen bou&ht the cellophane. #he%eafte%, 5elen led appellant to$a%ds the public 'a%)et. As the" $al)ed, 5elen told appellant that she $as &oin& to Manila $ith he% siste%. Accused appellant, ho$eve%, %eplied that he could not leave Bansalan because

of his $o%). B" this ti'e, the" had %eached the public 'a%)et and the" $ent inside. #he 'a%)et $as $ell li&hted< the%e $as no b%o$n out. #he couple $ent out of the 'a%)et and $al)ed on the %oad fo% so'e fifteen 'inutes. #he" %eached the side of the %ive% and sat on a %oc) nea%b". ;ive 'ete%s f%o' $he%e the" sat $e%e t$o houses $hose occupants $e%e then still a$a)e. Accused appellant sa$ one of the occupants $atchin& a video tape $hile the othe%s $e%e d%in)in&. As the" sat, 5elen placed he% %i&ht elbo$ on accused appellantJs lap and e'b%aced hi'. Respondin&, accused appellant $%apped his a%'s a%ound he% and the" )issed. Accused appellant as)ed 5elen if he could have se/ $ith he%. In %epl", she said it $as fo% hi' to decide as lon& as he $ould 'a%%" he%. #hen 5elen he%self %e'oved he% pant" $hile he %e'oved his pants and b%ief. #he" laid do$n on the %oc). 5elen held his penis and inse%ted it into he% va&ina. #he &i%l then e'b%aced hi' and said that the sensation pained but at the sa'e ti'e tin&led he%. #he%eafte%, accused appellant &ot up, put on his b%ief and pants as 5elen d%essed he%self. #he" sat do$n and 5elen told hi' a&ain that she $as leavin& Bansalan $ith he% elde% siste%. #he" conve%sed fo% so'e ten 'inutes and afte%$a%ds &ot up to&ethe%. 5elen p%oceeded to he% siste%Js sto%e $hile appellant %etu%ned to the ba)e%" to ba)e pan de sal fo% the 'o%nin&. Afte% ba)in&, accused appellant hea%d so'e noise co'in& f%o' 5elenJs house. 5e hea%d thuddin& sounds and so'eone c%"in& and shoutin&. 5e t%ied to listen fu%the% but fell asleep. 5alf an hou% late%, accused appellant $as a$a)ened b" th%ee police'en $ho too) hi' to the 'unicipal hall.34wphi3 #hat ni&ht, he $as a%%ested and i'p%isoned.+ #he t%ial cou%t upheld the p%osecution evidence and found accused appellant &uilt" of the c%i'e cha%&ed. 5ence, this appeal. Accused appellant clai's that. F#5E #RIA- CO9R# ERRED IN ;INDIN@ #5E ACC9SED @9I-#L O; RAPE BELOND REASONAB-E DO9B# DESPI#E #5E ;AC# #5A# #5E #ES#IMONL O; COMP-AINAN# 5E-EN BI--A;-OR IS DO9B#;9AND CON#RARL #O 59MAN EKPERIENCE.FC #he onl" issue accused appellant %aises is the c%edibilit" of 5elen Billaflo%Js testi'on". #he &ene%al %ule in c%i'inal cases is that conclusions as to the c%edibilit" of $itnesses in %ape lie heavil" on the sound 4ud&'ent of the t%ial cou%t $hich is acco%ded &%eat $ei&ht and %espect, if not conclusive effect.E In this case, the%e is nothin& that $ould $a%%ant a deviation f%o' the &ene%al %ule. 5elenJs testi'on" on di%ect e/a'ination is as follo$s. FPROSEC9#OR 09IXONES

0. Can "ou %ecall Miss Gitness $he%e $e%e "ou on Dece'be% 6,, (**6 at a%ound (,.,,N 5E-EN BI--A;-OR A. 0. A. 0. A. 0. A. 0. evenin&N A. I $as in ou% sto%e. Ghe%e is "ou% sto%e locatedN It is in the place $he%e BenitoJs Ba)e%" is situated. Lou a%e pointin& to the public 'a%)et of BansalanN Les, si%. Bansalan, Davao del Su%N Les, si%. Gho $as $ith "ou last Dece'be% 6,, (**6 at a%ound (,.,, in the I $as $ith '" 'othe% and olde% siste%.

0. No$, do "ou %ecall if the%e $as an unusual incident that t%anspi%ed last Dece'be% 6,, (**6N A. 0. A. 0. A. 0. A. #he%e $as. Ghat $as that unusual incident that too) place Miss GitnessN A %ape. Gho $as %apedN Me. 5o$ did it happen Miss GitnessN M" olde% siste% o%de%ed 'e to bu" cellophane.

0. Ghat is the na'e of "ou% olde% siste% $ho o%de%ed "ou to bu" cellophaneN A. Nena Billaflo%.

0. A. 0. A. 0. A. 0. A. 0. A. 0. A. 'a%)et. 0. A. 0. A.

No$ did "ou p%oceed to bu" cellophaneN Les, si%. Ghe%e if "ou can %ecallN I bou&ht cellophane in the sto%e $hich is beside the sto%e of '" siste%. Ge%e "ou able to bu" cellophaneN Les, si%. Ge%e "ou able to co'e bac) afte% bu"in&N No 'o%e. #ell the 5ono%able Cou%t $h" "ou failed to co'e bac)N 5e suddenl" pulled 'e. Ghat else happened afte% he pulled "ouN 5e cove%ed '" 'outh $ith his hand and b%ou&ht 'e to$a%ds the public Did "ou a%%ive at the public 'a%)etN Les, si%. Afte% that $hat ne/t happenedN 5e b%ou&ht 'e to$a%ds the %ive%.

0. 5o$ fa% is this %ive% $he%e "ou $e%e b%ou&ht b" the accused f%o' the public 'a%)etN A. About t$o 86: )ilo'ete%s.

0. Qindl" indicate assu'in& that $he%e "ou a%e no$ sittin& to 8sic: the public 'a%)etN A. #hat Shell station.

8counsels a&%eed to be (,, to (6, 'ete%s: 0. No$, $he%e pa%ticula%l" in the %ive% Miss $itnessN

A. 0. A. 0.

5e b%ou&ht 'e to$a%ds the side of the %ive%. 5o$ $e%e "ou b%ou&ht to$a%ds the %ive%N 5e d%a&&ed 'e. Ghat happened $hen "ou a%%ived at the %ive%N

A. Ghen $e %eached the side of the %ive% I shouted and he cove%ed '" 'outh $ith his hand and suddenl" slapped 'e and hit '" %i&ht elbo$ and bo/ed '" %i&ht thi&h. 0. A. 0. A. Afte% that $hat happened to "ouN 5e und%essed 'e. Afte% that $hat ne/t happenedN 5e %aped 'e.

A##L. @9LO#. I $ould li)e to 'anifest fo% the %eco%d that the $o%d F&ipahi'uslanF o% F'a)e used ofF be placed on %eco%d, Lou% 5ono%. PROS. 09IXONES. 8Continuin&: 0. Ghat do "ou 'ean b" F&ipahi'uslanF 8$itness &estu%in& $ith he% %i&ht fin&e% pointin& to he% lap

A. successivel": 0. A. 0. A. 0. A.

Ghat do "ou 'ean Miss $itness $hen "ou do li)e thisN 5e 'ade 8sic: se/ $ith 'e. And afte% havin& se/ $ith 'e he bo/ed 'e. Ghe%eN At '" %i&ht thi&h. 5o$ 'an" ti'es he 'ade 8sic: se/ $ith "ouN #$ice.

0. Lou said that "ou $e%e b%ou&ht to the %ive% and "ou $e%e pulled o% d%a&&ed b" the accused, )indl" tell the 5ono%able cou%t "ou% su%%oundin&s at that ti'e "ou $e%e d%a&&edN A. 0. A. It $as hill" and the%e $e%e 'an" stones. Ge%e the%e houses nea%b"N #he%e $e%e houses but the" $e%e located on the othe% side.

0. 5o$ about at the public 'a%)et $he%e he sta%ted to pull "ou $e%e the%e people a%ound o% ho$ about the li&htin&N A. 0. A. It $as da%). Gh" did "ou sa" that it $as da%)N It $as b%o$n out du%in& that ti'e.

0. No$, "ou said that "ou $e%e se/uall" abused fo% 8sic: t$o 86: ti'es, $hat ne/t t%anspi%edN A. 0. No 'o%e. Ghe%e did "ou p%oceed afte% thatN

A. 5e left 'e and afte% that I $ent ho'e and told '" olde% siste% $hat happened to 'e. 0. A. 0. A. Lou said that "ou $e%e left b" the accused, "ou $e%e left $he%eN B" the %ive% side. It too) "ou ho$ 'an" 'inutes to &o to "ou% houseN I do not )no$.

0. No$, "ou said that "ou $ent ho'e and info%'ed "ou% siste% about $hat happened to "ou, )indl" tell us $ho is this siste% of "ou%s that "ou info%'edN A. 0. Bil'a, she is in cou%t no$. Please point to he%.

A. 8$itness pointed to a $o'an in cou%t $ho $hen as)ed of he% na'e ans$e%ed Bil'a Billaflo%:.

0. A. 0. A. 0. A. blotte%. 0. A.

Ghe%e $as that $hen "ou info%'ed he%N In ou% sto%e. Lou a%e %efe%%in& to that sto%e in the public 'a%)etN Les, si%. Afte% "ou info%'ed he% $hat ne/t happenedN Ge $ent to the police station and had the incident ente%ed in the police Gho $ent to the police station to have the incident blotte%edN Me to&ethe% $ith '" siste% and 'othe%.F *

5elenJs testi'on" is di%ect, st%ai&htfo%$a%d and cate&o%ical, and she did not $ave% even on c%oss e/a'ination. She had no 'otive to concoct the cha%&e a&ainst accused appellant. 5elenJs c%edibilit" is fu%the% st%en&thened b" the spontaneit" of he% act i''ediatel" afte% the incident.(, Afte% the assault on he% vi%tue, 5elen lost no ti'e in %epo%tin& the incident to he% fa'il" and this is a clea% 'anifestation that she $as tellin& the t%uth. #he t%ial cou%t the%efo%e did not e%% in &ivin& he% testi'on" full faith and c%edence. Accused appellant alle&es that 5elenJs clai' of %ape is belied b" the fact that she did not st%u&&le tenaciousl" a&ainst hi'.(( In %ape cases, the fo%ce %eDui%ed need not be ove%po$e%in& o% i%%esistible $hen e'plo"ed. Ghat is necessa%" is that the fo%ce be sufficient to acco'plish the pu%pose fo% $hich the accused had in 'ind.(6 #hat fo%ce $as applied b" accused appellant on 5elen is co%%obo%ated b" the %esults of the ph"sical e/a'ination and the testi'on" of D%. Annabelle Lu'an& $ho e/a'ined the &i%l the 'o%nin& afte% the incident. D%. Lu'an& testified that 5elenJs labia 'a4o%a $as s$ollen and that he% h"'en had a f%esh lace%ation $ith so'e sli&ht bleedin&. #he s$ellin&, acco%din& to the docto%, could have been caused b" a fo%ceful inse%tion of the penis o% so'e othe% ob4ect in the va&ina.(7 D%. Lu'an& also found e%"the'a o% %edness on 5elenJs face as $ell as so'e contusions on he% lo$e% lip. #he%e $e%e also contusions on the &i%lJs left fo%ea%'. #he contusions and %edness could have been caused b" the application of so'e fo%ce such as slappin& o% bo/in& on the &i%lJs face and bod", the docto% testified. (= Clea%l", the fo%ce applied on 5elen $as sufficient to acco'plish accused appellantJs lustful desi%es. #he p%osecution evidence p%oves be"ond %easonable doubt that accused appellant, $ith the use of fo%ce, had ca%nal )no$led&e of 5elen Billaflo% a&ainst he% $ill.

IN BIEG G5EREO;, the decision of the Re&ional #%ial Cou%t, B%anch 6(, Bansalan, Davao del Su% in C%i'inal Case No. KKI 7+6 8*7: is affi%'ed. Accused appellant -ito Rosales is sentenced to suffe% the penalt" of %eclusion pe%petua and to inde'nif" the victi', 5elen Billaflo%, the su' of P?,,,,,.,,.(? SO ORDERED. Davide, ,r., % ., ., 1nares2/antia o, , ., is on leave. 0apunan and Pardo, ,, ., concu%.

Foo'$o'#/5 ( Decision, pp. + C< Rollo, pp. 66 67. 6 Info%'ation, Reco%ds, p. (.

7

A )ind of la'p $ith a $ic) 'ade of %olled pape% and placed inside a bottle 8#SN of ;eb%ua%" (=, (**=, p. (*:.
=

Attached to the ;olde% of E/hibits, i.e., E/hibit FAF is E/hibit FB.F R the labo%ato%" %epo%t 'ade upon %eDuest b" D%. Lu'an&. #he labo%ato%" %epo%t stated Fp%esence of spe%' cells found positive.F
? +

E/hibit FA,F ;olde% of E/hibits. #SN of Septe'be% 67, (**=, pp. = +< #SN of Octobe% 6C, (**=, pp. 6 ((. C Accused appellantJs B%ief, pp. ? +< Rollo, pp. ?E ?*.
E

People v. A'uan, 6E= SCRA =+, ?7 2(**E3< People v. Mala'a o, 6C( SCRA =+=, =C? 2(**C3.
*

#SN of ;eb%ua%" (=, (**=, pp. = C.

(,

People v. 8l$oron, 6E+ SCRA C=(, C=E 2(**E3< People v. ,aca, 66* SCRA 776, 77C 2(**=3
((

Accused appellantJs B%ief, pp. E, (,< Rollo, pp. +(, +7.

(6

People v. %orea, 6+* SCRA C+, *6 2(**C3< People v. Antonio, 677 SCRA 6E7, 6** 2(**=3< People v. Matrimonio, 6(? SCRA +(7, +7, 2(**63.
(7 (=

#SN of Ma%ch E, (**=, pp. ? +, E. #SN of Ma%ch E, (**=, pp. ? +.

(?

5elen Billaflo% $as 6, "ea%s old at the ti'e of the %ape, not (C as alle&ed in the Info%'ation 8#esti'on" of Elie1e% Billaflo%, 5elenJs fathe%, #SN of Nov. (?, (**7, p. +:. Neithe% $as he% 'ental a&e that of a &i%l belo$ (6 "ea%s old. 5e% 'ental %eta%dation $as dia&nosed as 'e%el" F'ild 'ode%ateF 8Medical Repo%t of D%. Bihildis B. Castillones, Medical Office% III, Davao Medical Cente%,

Ps"chiat%" Depa%t'ent, Davao Cit":< Reco%ds< p. (E< see also Cou%t O%de% dated !anua%" 6C, (**7, Reco%ds, p. (*. 5o$eve%, in People v. Conde, 6?6 SCRA +E(, +*6 +*7 8(**+:, the civil inde'nit" fo% the (**, %ape of a 7E "ea% old $o'an $as inc%eased f%o' P6,,,,,.,, to P?,.,,,.,,. #he -a$phil P%o4ect A%ellano -a$ ;oundation