THIRDDIVISION

PEOPLEOFTHEPHILIPPINES,G.R.No.194719
Appellee,
Present:
VELASCO,JR.,J.,Chairperson,
versusPERALTA,
ABAD,
MENDOZA,and
PERLASBERNABE,JJ.
RODELSINGSON,
Appellant.Promulgated:
________________
xx

DECISION

ABAD,J.:

Inthisrapecase,whenthevictimsmothergothomeandfoundherdaughtersbedroomlocked,she
looked for the key, opened her daughters bedroom with it, and found her naked in bed with the
accusedhidingunderneathit.

TheFactsandtheCase

TheProvincialProsecutorofCabarroguis,Quirino,chargedtheaccusedRodelSingsonwith
[1]
rapebeforetheRegionalTrialCourt(RTC)ofthatprovince inCriminalCase1841.

[2]
MJ testifiedthat,throughtextmessagesbymobilephones,Rodelbecameherboyfriend
andtheirrelationlastedfromJanuarytoSeptember2003.ButtheyhardlysaweachotherafterMJ
studiedinManila.TheymetwhenMJcamehometoSantiagoforvacationinthesummerof2003.
Afterafewmonths,however,shebrokeupwithRodeltoconcentrateonherstudies.

In the evening of December 22, 2003 MJ and her mother, LK, attended the simbang gabi from
In the evening of December 22, 2003 MJ and her mother, LK, attended the simbang gabi from
9:00p.m.to10:00p.m.Afterthemass,LKwantedtojoinsomechurchmemberstogocaroling.
Since MJ felt sleepy, she bade her mother leave to go home at about 11:30 p.m. On reaching
home,MJpreparedtogotobedbutsomeoneknockedattheirdoor.Thinkingitwashermother,
sheopeneditand,tohersurprise,sawRodelstandingatthedoor.

RodelsaidthathewantedtotalktoMJaboutrenewingtheirrelation.Shewasatfirsthesitantto
entertainhimbecauseheappeareddrunkbutsheeventuallylethimin.AftertalkingwithRodelat
the living room for about 45 minutes, MJ asked him to leave and he did. MJ then entered her
room.But,suddenly,Rodelappearedandsprayedsomethingonherfacethatmadeherfeelweak
and dizzy. Her vision also became blurred. After undressing her, Rodel touched her body in
variousparts.Eventually,heviolatedher.Shecouldonlycryuntilshelostconsciousness.

MJwokeuptothescreamsofherbrotherwhowasgrippingRodelbythebedroomwindow.Asit
turnedout,whenLKcamehomeat2:00a.m.,sheknockedatMJsbedroomtocheckifshehad
gottenhomesafelybutLKgotnoanswer.Worried,LKusedakeytoopenthedoorandshesaw
MJ naked and unconscious on the bed. Noticing unfamiliar clothes on the floor, LK became
suspicious and looked around. When she checked under the bed, she saw Rodel there in his
underwear.LKshoutedforhelp,wakinguphersisterwhohappenedtobethebarangaychairman
of their village. Some barangay tanods came. They moved MJ to another room and arrested
Rodel.ItwastoherauntthatMJtoldherstorybecausetheincidentaffectedhermotherdeeply.

Rodel, on the other hand, insisted that he and MJ freely had sexual intercourse borne of
their mutual affection. He did not rape her. But, declining to give credence to his defense, on
November26,2007theRTCfoundRodelguiltyofrape,sentencedhimtolifeimprisonment,and
orderedhimtopayMJP50,000.00ascivilindemnityandanotherP50,000.00asmoraldamages.

On March 25, 2010 the Court of Appeals (CA) in CAG.R. CRH.C. 03161 affirmed the RTC
decision,hence,thisappeal.

TheIssuePresented

TheonlyissuepresentedinthiscaseiswhetherornotRodelrapedMJaftersprayingher
withdrugsthatweakenedherresistanceandeventuallyrenderedherunconscious.

TheRulingoftheCourt


Oneofthewaysofcommittingrape,accordingtoArticle335oftheRevisedPenalCode,as
[3]
amendedbySection11ofRepublicAct7659, isbyhavingcarnalknowledgeofawomanwhen
shehasbeendeprivedofreasonorotherwiserenderedunconscious.Theprosecutionclaimsthat
thiswasRodelscrime.

But the Court doubts MJs story. She testified that Rodel sprayed something on her face,
causinghertofeelweakanddizzy.Rodelthenbroughtherintoherroomandtookoffherclothes.
He kissed her neck and breasts and successfully ravished her. She said that she was unable to
screamforhelpbecauseshesuddenlybecameunconsciouswhenRodelenteredher.It was only
[4]
whensheheardherbrotherscreamthatshewokeup.

[5]
But, MJs story is at variance with what she said in her December 23, 2003 affidavit
whichsheexecutedonlyhoursaftertheincident.MJtheresaidthatshewasfullyconsciousduring
thetimeRodelwasrapingher.Indeed,shedescribedRodelspumpingmotionuntilhedischarged
into her. She even felt pain afterwards in her genitals and in the other parts of her body. MJ
claimedthatitwasonlyafteritwasoverthathereyesfeltheavyandshelostconsciousness.When
the defense counsel confronted her with this inconsistency between her testimony and her
[6]
affidavit,MJcouldnotofferanexplanation.

The testimony of LK, MJs mother, is just as dubious. She said that on entering her
daughtersroom,shesawMJnakedinbed.Seeingamanspantsonthefloor,LKlookedunderthe
bed and saw Rodel hiding there. LK tried to rouse her daughter but she would not wake up,
promptingLKtocryforhelp.Whenthebarangaychairman and the tanods arrived, they pulled
Rodelfromunderthebed.ItwasonlythenthatMJcamearoundandtoldhermotherthatshehad
[7]
beenraped.

Oncrossexamination,however,LKsstoryofwhathappenedfollowedadifferentsequence.
Rather than try to wake her daughter up, she immediately screamed for help on seeing Rodel
[8]
underthebed. Hissoncame,wrappedablanketaroundMJ,andbroughtherstillunconscious
[9]
intoanotherroom. AndLKclaimedthatMJwokeuponlyafterRodelandtheothershadleft.
[10]
LKalsosaidthatwhenshestartedscreamingforhelp,MJaskedher,Whathappennowto
[11]
you? This shows that MJ regained consciousness at about the time her mother saw Rodel
 [11]
you? This shows that MJ regained consciousness at about the time her mother saw Rodel
underthebed.OnlyafterwardsdidtheymoveMJoutoftheroom.

LKs revised version somehow corroborates Rodels story of what really happened. Rodel
testified:

Q:Andwhatdidyoudowhen[MJ]instructedyoutohideunderherbed?
[12]
A:Iwentunderthebed,sir.

xxxx

[13]
A:Herbrotherpeepedunderthebedandhesawmesohepulledmeandpunchedme,sir.
xxxx

A:Afterthat,theytook[MJ]outofherroomandbroughthertoanotherroom,sir.

Q:Whotook[MJ]toanotherroom?
[14]
A:Hermother,sir.
xxxx

Q:Howaboutyou,whatdidtheydotoyou,ifany?
A:Iwaslockedinsidetheroomof[MJ],sir.


Q:Whathappenednext?
A:Iheardhermothertalkingto[MJ]whethershewantstocontinueherstudiesorshewantstoget
marryalready.

Q:So,whathappenedafterthat?
[15]
A:Nomore,sir.

Consider also that, although MJ claimed that Rodel sprayed her face with something that
madeherdizzyandweak,theprosecutionneverproducedthespraycanorbottleheused,which
thebarangay chairman or her tanods would have seized and kept as evidence if it existed. MJs
motherdidnotmentionseeingit.Surely,Rodelwhoonlyhadhisunderwearonwhentheyarrested
him could not have taken or concealed it. It seems doubtful, therefore, that there had been a
sprayingofsomeimmobilizingdrugsthatmorning.

Testimonial evidence, to be believed, must not only come from credible lips but must be
credibleinsubstance.Astorythatdefiesreasonandlogicandaboveallrunsagainstthegrainof

[16]
commonexperiencecannotpersuade. Here,theprosecutionsaccountfailedtopassthesetests.

In her Affidavit, MJ said that Rodel sought to walk her home because he wanted to talk to her
In her Affidavit, MJ said that Rodel sought to walk her home because he wanted to talk to her
[17]
about fixing their relationship. In her testimony, however, MJ insisted that she had no
conversation with Rodel prior to his showing up at her house near midnight of December 23,
2003.Thus:

Q:WhenwasthefirsttimeyousawRodel?
A:Atthestartofthecaroling,sir.

Q:Didyoutalktoeachotherwhenyousawhim?
A:No,sir.

Q:Youjustsawhim?
A:Yes,sir.

Q:So,thatwasthefirstandlasttimeyouhaveseenhimwhilecaroling?
A:Yes,sir.

Q:Youareverysureaboutthat?
[18]
A:Yes,sir. (Emphasissupplied)

Whenconfrontedbyhercontradictorystatements,MJhadtoadmitthatRodelindeedtalked
toheraboutwalkingherhomeduringthecaroling.Thus:

A:Onlythatparthevolunteeredtoaccompanyme,whenwewereintheterracehesaidhewanted
[19]
totalktome,sir.

MJ also testified that she and Rodel never really had a deep relationship because they
[20]
seldomsaweachotherandcommunicatedonlythroughtextmessagesontheirmobilephones.
Indeed, she broke up with him three months before December 2003. Yet, when Rodel came by
their house at around midnight of December 23, she let him in when Rodel was visibly drunk.
Thenshelethimstayfornearlyanhourbeforeaskinghimtoleave.

And when Rodel left, MJ did not see him off at the door to lock it as he went out. Her
[21]
excuse in not locking the door was that her mother was still out. But, notably, when Rodel
supposedlycameandknockedatthedooraftershegothomeat11:30p.m.,shehadtolethimin
[22]
becauseitwasalreadylocked.

MJ also said that she was no longer naked when she woke up and heard her brother
[23]
screaming by the bedroom window, with Rodel in a tight grip. If this were true, somebody
musthaveslippedherclothesbackonwhileshewasoutcold.ThiscontradictsLKstestimonythat
musthaveslippedherclothesbackonwhileshewasoutcold.ThiscontradictsLKstestimonythat
hersonhadtowrapMJinablanketbeforetakingheroutoftheroom.

Ininsistingthatshealreadyhadherdressonwhenshewokeup,MJwasapparentlysteering
clearofthefactthathermotherhadcaughthernaked,withRodelinhisunderwearbeneaththe
bed.MJsimplywantedtosaveherdignityatRodelsexpense.Apparently,whatbotheredMJmore
was not the supposed rape but how she would explain the compromising situation in which her
motherfoundher.ThusMJtestified:
Q:So,whenyourecoveredconsciousness,whatdidyoudo?
A:Icriedandcried,sir.

Q:Whydidyoucry?
xxxx

A:BecauseIcouldnotacceptwhathappenedbecausemymotherwasaskingmewhathappened,
[24]
sir.
xxxx

Q:Whatdidyoutellyourmotherafteryouregainedconsciousness?
A:Icried,sir.

Q:Whatelsedidyoutellyourmotherafteryouregainedyourconsciousness?
A:Iwasjustcrying,sir.

Q:DidyounottellherthatRodelSingsonsprayedsomethingtoyourface?
A:Itoldher,sir.

Q:Immediatelyafteryouregainedyourconsciousness,isthatwhatyoumean?
A:No,sirittooksometime.

Q:Whydidyounottellimmediately?
A:(Noanswerofthewitness).

Court:Whatisthespanoftimedidyoutelltoyourmother?
[25]
A:IdonotknowbecauseIwascryingandcrying,sir. (Emphasissupplied)

MJsabovetestimonyalsocontradictshermothersoriginalclaimthatwhenherdaughterwokeup
[26]
sheimmediatelysaidthatRodelrapedher. Ofcourse,LKhadtoremedythiscontradictionby
subsequently saying that MJ mentioned the supposed rape only when the barangay authorities
showedup.Thus,LKsaid:

Q:Now,whatdidyourdaughtertellyou?
A: Actually my daughter narrated the incident to the barangay captain not to me because
duringthattimeIcannotspeakandIwasshocked,sir.

Q:Sowhendidyourdaughtertelltothebarangaycaptainwhathappenedtoher?
A:IcannolongerrememberbecausethatwholeafternoonIwasveryweakandmybodycannotgo
 A:IcannolongerrememberbecausethatwholeafternoonIwasveryweakandmybodycannotgo
throughit,sir.

Q:Soitwasthebarangaycaptainwhotoldyouthatyourdaughterwasrapedbecauseyour
daughtertoldtoheraboutthat?
[27]
A:Yes,sir.

xxxx

Q:Soyoudidnotknowthatmorningthatyourdaughterwasraped?
A:Idontknow,sir.

Q:Whendidyoutalkfirstwithyourdaughterafterthatincident?
A:Maybetwodaysaftertheincidentbecausesheherselfwasalsocrying.Shewasalwaysin
[28]
tearsandwecannottalktoher,sir. (Emphasissupplied)

Thebarangaychairman,MJsauntandLKssister,testifiedthatonherarrivalthefirstthing
sheheardwasthatamanenteredthehouseandthathersisterfoundMJnaked.No one told the
barangaychairmanatthatpointthatMJhadbeenraped.Nowonder,thefirstthingthebarangay
chairmandidwastogointotheroomandaskMJifRodelhadtakenhervirginityfromher.Thus:

Q:Whotoldyouthatherdaughterwasraped?
A: My elder sister told me that a man entered their house but I was not yet informed that
[MJ]wasraped.

Q:So,howdidthemotherof[MJ]tellyouthatherdaughter[MJ]wasraped?
A:Shewasthefirstonewhosaw[MJ]naked.

Q:Thatwastoldtoyoubyher,isthatcorrect?
A:Yes,sir.

xxxx

Q:Whendidyouask[MJ]aboutthatMadamWitness?
A:After my elder sister told me that she saw [MJ] naked so I went to [MJ] to verify if her
[29]
womanhoodwastaken.

xxxx

Q: Do you remember if [MJ] told you about what the accused did first that he sprayed
somethinginthefaceof[MJ]?

[30]
A:NosirbecausetheonlythingIaskedisthatifhehadtakenherwomanhood. (Emphasis
supplied)

It is uncanny that even after so much time had passed, still no one told the barangay
chairmanrightoffwhenshearrivedthatMJhadbeenraped.ItwasMJsnakednessinherroom
andRodelspresenceunderthebedthatpreoccupiedthebarangaychairmanandmadeheraskif
andRodelspresenceunderthebedthatpreoccupiedthebarangaychairmanandmadeheraskif
MJs virginity had been taken from her, which fact in itself did not amount to rape. How Rodel
succeeded in taking that virginitysupposedly by spraying MJ with something that made her
dizzyapparentlydidnothaverelevancetothebarangaychairmanslineofinquiry.

Thesequenceofeventsthattheprosecutiontriedtoestablishdidnotalsomakesense.The
[31]
storyisthatMJgothomeatabout11:30p.m. Rodelcamearoundmidnightandtheytalkedfor
about30to45minutes.ThismeansthatRodelleftat12:45a.m.atthelatest.Sincehecameright
backintothehouse,thismeansthat,iftheprosecutionevidenceweretobebelieved,herapedMJ
atabout12:45a.m.Thus,atleastonehourwouldhavepassedbeforeMJsmother,LK,camehome
[32]
at 2:00 a.m. So what reason would Rodel have for staying around in his underwear after
raping MJ? And, although the bedroom had a window through which Rodel could easily have
escaped,hechosetodiveunderthebed.ThesecircumstancesindicatethatRodeldidnotbelieve
hecommittedacrime.HehidsimplytoavoidexposingMJtohermotherswrath.

Itseems,consideringallthetestimoniesthatwhathappenedisthat,sincetheywerealonein
thehouse,RodelandMJlostcontrolandmadelove.WhenMJsmothersuddenlyshowedupand
opened her daughters room with a key, Rodel hid under the bed. But the suspicious mother,
findingherdaughternaked,lookedforhimunderthebed.LKsummonedhersister,thebarangay
chairman, her son and her brotherinlaw, both tanods and seized Rodel. Asked if she preferred
gettingmarriedtocontinuingherstudies,MJmusthavechosenthelatter.And,tosaveface,her
relativeswhohadpoliticalpowermadeitlooklikeRodelrapedher.

AlthoughtheweightofjurisprudenceisthattheCourtmustrespectthefactualfindingsof
thetrialcourtandtheCA,thiscasepresentsanexception.Oncloseexamination,theprosecutions
evidence left much to be desired. With so many inconsistencies and incompatibilities with
common experience, the Court is unable to see the unfiltered truth. To conclude, the evidence
failedtoovercometheconstitutionalpresumptionofinnocenceoftheaccused.

WHEREFORE, the Court GRANTS the appeal, SETS ASIDE the decision of the Court of
AppealsdatedMarch25,2010inCAG.R.CRHC03161aswellasthedecisionoftheRegional
Trial Court of Cabarroguis, Quirino, Branch 31 in Criminal Case 1841, and ACQUITS the
accusedappellantRodelSingsonofthecrimechargedongroundofreasonabledoubt.

TheCourtordershisimmediateRELEASEfromcustodyunlessheisbeingheldforsome
other lawful cause and ORDERS the Director of the Bureau of Corrections to immediately
other lawful cause and ORDERS the Director of the Bureau of Corrections to immediately
implement this Decision and to inform the Court within five days from its receipt of the date
appellantwasactuallyreleasedfromconfinement.Costsdeoficio.

SOORDERED.

ROBERTOA.ABAD
AssociateJustice

WECONCUR:

PRESBITEROJ.VELASCO,JR.
AssociateJustice
Chairperson

DIOSDADOM.PERALTAJOSECATRALMENDOZA
AssociateJusticeAssociateJustice

ESTELAM.PERLASBERNABE
AssociateJustice

ATTESTATION

IattestthattheconclusionsintheaboveDecisionhadbeenreachedinconsultationbeforethecase
wasassignedtothewriteroftheopinionoftheCourtsDivision.


PRESBITEROJ.VELASCO,JR.
AssociateJustice
Chairperson,ThirdDivision



CERTIFICATION

PursuanttoSection13,ArticleVIIIoftheConstitutionandtheDivisionChairpersonsAttestation,
I certify that the conclusions in the above Decision had been reached in consultation before the
casewasassignedtothewriteroftheopinionoftheCourtsDivision.

RENATOC.CORONA
ChiefJustice

[1]
Branch31.
[2]
Pursuant to Republic Act 9262, otherwise known as the AntiViolence Against Women and Their Children Act of 2004 and its
implementingrules,therealnameofthevictim,togetherwiththerealnamesofherimmediatefamilymembers,iswithheldandfictitious
initialsareusedtorepresenther,bothtoprotectherprivacy(Peoplev.Cabalquinto,G.R.No.167693,September19,2006,502SCRA
419,421426).
[3]
EntitledANACTTOIMPOSETHEDEATHPENALTYONCERTAINHEINOUSCRIMES,AMENDINGFORTHATPURPOSE
THEREVISEDPENALLAWS,ANDFOROTHERPURPOSES.
[4]
TSN,January3,2005,p.5.
[5]
Records,p.2,ExhibitC.
[6]
Supranote4,at19.
[7]
TSN,October11,2004,pp.68.
[8]
Id.at15.

[9]
Id.at20.
[10]
Id.at21.
[11]
Id.at18.
[12]
TSN,November9,2005,p.16.
[13]
Id.at17.
[14]
Id.
[15]
Id.at18.
[16]
Peoplev.Abino,423Phil.263,276(2001).
[17]
Supranote5.
[17]
Supranote5.
[18]
Supranote4,at15.
[19]
Id.at1718.
[20]
Id.at9.
[21]
Id.at23.
[22]
Id.at2021.
[23]
Id.at6.
[24]
Id.at2627.
[25]
Id.at29.
[26]
Supranote7,at8.
[27]
Id.at2122.
[28]
Id.at23.
[29]
TSN,January17,2005,pp.1415.
[30]
Id.at17.
[31]
Supranote4,at13.
[32]
Supranote7,at6.