EN BANC
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
G.R.
No.
135241
January 22, 2003
-versus-
PLACIDO LUNA
DELOS
REYES,
Accused-Appellant.
chanroblesvirtualawlibrary
D E C I S I O N chan
roblesual law library
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CALLEJO,
SR., J.: chanrobles virtuallaw libraryred
chanrobles virtuallaw libraryred
On automatic appeal
is the Decision[1]
dated July 24, 1998 of Branch 13 of the Regional Trial Court of
Zamboanga
City convicting accused-appellant Placido Luna y Delos Reyes of the
crime
of rape and meting on him the supreme penalty of death. The court
likewise ordered accused-appellant to indemnify private complainant
Shermalou
Alberto y Carpio in the amount of Fifty Thousand (P50,000.00) Pesos.chanrobles virtuallaw libraryred
Culled from the testimonial
and documentary evidence of the prosecution,[2]
the facts of the case are as follows:chanrobles virtuallaw libraryred
When the spouses Erwin
Alberto, Sr. and Isabel Carpio-Alberto were married on July 26, 1986,
they
resided in the house of Arcelia, Erwin’s mother and her second husband
and Erwin’s stepfather, Placido Luna in Talisayan, Zamboanga City.chanrobles virtuallaw libraryred
Subsequently, Erwin
and Isabel constructed their small house on a lot about 18 meters away
from the house of Placido and Arcelia. However, Erwin and
Isabel
had no toilet in their house and used the toilet in the house of
Placido
to relieve themselves. Erwin’s sister Joyce and her husband,
Jesus
Luna, who was also the brother of Placido, lived about eight
meters
away from the house of Erwin. On March 8, 1987, Shermalou, the
first
child of Erwin and Isabel, was born,[3]
followed by Erwin, Jr., Sherilyn and Sheryl Mae. By the time
Shermalou
was six years old, she was enrolled in Grade I. Placido started
sexually
abusing Shermalou but she concealed the same from her parents
because
accused-appellant threatened to kill her if she did. She
complained
to her mother that her organ was painful but Isabel, unaware of her
daughter’s
plight, just told her daughter to wash her private part.chanrobles virtuallaw libraryred
Isabel worked as a factory
worker at Mar Fishing, earning about P5,000 to P6,000 a month.
She
also maintained a small store inside Mar Fishing where she sold viands
to her fellow workers. Erwin, Sr., on the other hand, was a
carpenter.
His mother Arcelia was employed as a teacher at the Don Gregorio
Evangelista
Memorial School in Sta. Catalina while Placido busied himself as a
laborer.
While at work, the spouses Erwin and Isabel entrusted their children to
Joyce Luna whom the children called Auntie Baby. Isabel
instructed
her children that if they had to answer the call of nature, they use
the
toilet in the house of their Lolo Placido and Lola Arcelia.chanrobles virtuallaw libraryred
By 1995, Shermalou was
already in Grade III. Erwin, Jr. had stopped schooling. On
December
14, 1995, at about 4:30 a.m., Isabel, then on maternity leave
(she
was pregnant with their fourth child), and Erwin, Sr. went to the
market
to buy fish, vegetables and dry goods for their store. Their
children
Shermalou and Erwin, Jr. were still sleeping. When
Shermalou
woke up, she went to the house of Joyce for breakfast and to join the
latter’s
children, Jesse Joy, Jennifer and Jessie, on their way to school.
Upon reaching the school, Shermalou was told that her teacher was sick
and that she can go home. On her way to their house, she met her
aunt Joyce who told her that she (Joyce) was going to the store.
Shermalou then proceeded to their house. At or about 7:00
a.m.,
Erwin, Jr. told his sister that he wanted to defecate. Shermalou
and Erwin, Jr. went to the house of Placido so that Erwin, Jr.
could
use the toilet situated near the kitchen of said house.
Upon
reaching the house of Placido, Erwin, Jr. was ordered by Placido to
fetch
water from the well outside the house after defecating. While
Erwin,
Jr. was using the toilet, Placido told Shermalou to go inside the house
as he will give her some food. Shermalou did as told.
However,
once inside the house, Placido who was wearing a pair of short pants
but
no underwear, pulled Shermalou toward the sala and pushed her to the
bed.[4]
Placido then removed her panty and hid it. He unzipped his short
pants, pulled out his penis, got cooking oil from the divider and
applied
it to his erect penis to facilitate its entry into her vagina.
Placido
warned Shermalou not to shout, otherwise he will kill her. He
touched
Shermalou’s private parts, mounted her, spread her legs, held her hands
and inserted his penis inside her vagina. He then made forward
and
backward thrusts. However, the penis of accused-appellant was big
and only a little portion of it was able to enter her vagina.
Accused-appellant
was so heavy that Shermalou felt pain on her shoulders and
vagina.
Momentarily, Shermalou felt her sex organ wet. Placido later
dismounted
but warned Shermalou not to tell anybody or he will kill her
parents.
He then returned Shermalou’s panty, proceeded to the kitchen and left
the
house. Shermalou wiped her sex organ with her panty and later
rinsed
it. Petrified by the threats of Placido, Shermalou did not tell
anybody,
not even her Auntie Baby, about what Placido did to her that
morning.
Later, she met her Auntie Baby and played with the children.
Shermalou
had lunch in the house of her aunt. At about 5:00 p.m., Placido
and
Arcelia arrived home bringing a karaoke.chanrobles virtuallaw libraryred
At about 7:00 p.m.,
that same day, Isabel was about to sleep when Erwin, Jr. told her
mother
that he saw Placido naked from the waist down and his penis erect, and
Shermalou lying in bed without her panty. Sensing that his mother
doubted his story, Erwin, Jr. told his mother to ask Shermalou.
Appalled,
Isabel called Shermalou and asked if the story related by Erwin, Jr.
was
true. Shermalou then told her mother: "Mamang ya man rape conmigo
si Lolo." (Mamang, I was raped by Lolo). In between sobs,
Shermalou
revealed that Placido had been raping her since she was six years old,
while she was still in Grade I. Isabel then inspected her
daughter’s
body and found that Shermalou had some contusions near her left and
right
eyes. She asked Shermalou where she got the said
contusions.
Shermalou told her that she was boxed by Placido. Isabel then
told
her daughter that they will go to the doctor the next day. She
further
told her children not to reveal to their father what she told her
because
Erwin, Sr. might kill Placido or the latter might be able to escape.chanrobles virtuallaw libraryred
The next day, at 4:00
a.m., Isabel and Shermalou reported the incident to the police
authorities.
SPO3 Eduardo Commendador Oya advised them to have Shermalou
examined
by a doctor to confirm that she was indeed sexually abused.
Shermalou was brought to the PNP Regional Criminal Laboratory Section
where
Dr. Rodolfo Valmoria interviewed and conducted a genital examination on
her. Shermalou walked normally. Dr. Valmoria signed a
Medico-Legal
Report No. M-343-95[5]
which contained his findings:chanrobles virtuallaw libraryred
SPECIMEN SUBMITTED:chanrobles virtuallaw libraryred
Living person of one
Shermalou Alberto y Carpio, 9 yrs. old, single, Fil., and a resident of
Talisayan, Zamboanga City.chanrobles virtuallaw libraryred
PURPOSE OF LABORATORY
EXAMINATION:chanrobles virtuallaw libraryred
To determine extent
of injuries sustained and status of physical virginity.chanrobles virtuallaw libraryred
FINDINGS:chanrobles virtuallaw libraryred
Healing contusions,
left zygomatic region and right infra-orbital region.chanrobles virtuallaw libraryred
Absence of pubic hair.
Labia majora full, convex and gaping. Labia minora pinkish in
color
and presenting in between is a fleshy tape of hymen with deep healing
lacerations
at 5 and 11 o’clock positions. There are marked erythema at both
left and right vulvar mucosa.chanrobles virtuallaw libraryred
Vaginal canal in (sic)
narrow, only admits tip of examining little finger, subject complains
of
pain on insertion of tip of examining little finger. Abdomen is
flat
and tight, complains of pain at hypogastric region or palpation.
Breasts infantile.chanrobles virtuallaw libraryred
Urethral and vaginal
smears revealed the following results: Negative for spermatozoa cell,
pus
cell-moderate (3+) and bacilli few.chanrobles virtuallaw libraryred
CONCLUSION:chanrobles virtuallaw libraryred
Barring unforeseen complications
the above-named injuries is estimated to resolve within 3 to 5 days
more.chanrobles virtuallaw libraryred
Subject is of non-virgin
state physically.chanrobles virtuallaw libraryred
Isabel and Shermalou
proceeded to the police station where Shermalou gave her sworn
statement
to SPO3 Oya.[6]
Isabel also signed a sworn statement (complaint)[7]
before the police officer. The police authorities then arrested
Placido
on December 15, 1995 on the basis of the sworn declarations of Isabel
and
Shermalou and the medico-legal report of Dr. Valmoria.[8]chanrobles virtuallaw libraryred
On December 17, 1995,
Shermalou and Isabel filed with the Regional Trial Court a complaint
for
Rape against Placido, which reads:chanrobles virtuallaw libraryred
COMPLAINTchanrobles virtuallaw libraryred
The undersigned, under
oath, hereby accuse PLACIDO LUNA y DELOS REYES of the crime of RAPE,
committed
as follows:chanrobles virtuallaw libraryred
That on or about the
14th day of December, 1995, in the City of Zamboanga, Philippines, and
within the jurisdiction of this Honorable Court, did then and there
willfully,
unlawfully and feloniously, have carnal knowledge of the undersigned
SHERMALOU
ALBERTO y CARPIO, a girl, eight (8) years old, and against the latter’s
will.cralaw:red
CONTRARY TO LAW.chanrobles virtuallaw libraryred
Zamboanga City, Philippines,
December 17, 1995.[9]chanrobles virtuallaw libraryred
On December 26, 1995,
Arcelia offered to Erwin, Sr. and Isabel P50,000.00 upon her retirement
if they will no longer pursue the complaint for rape against her
husband
Placido. Erwin, Sr. and Isabel refused the offer.
Isabel
told Arcelia that her daughter Shermalou was not an animal. Incensed by
the rebuff, Arcelia demanded that the spouses Erwin and Isabel demolish
their house, as the lot where their house stood was owned by a certain
Vargas for whom Placido and Arcelia worked as caretakers of the
property.
Erwin, Sr. and Isabel vacated the property.chanrobles virtuallaw libraryred
Accused-appellant adduced
evidence that on December 12, 1995, Jesus Luna, the husband of
Arcelia’s
daughter Joyce, brought to Placido a petition involving the Talon-talon
lot to be filed in court, for his signature. However, Placido
refused
to sign the petition. He preferred just to go to the Hall of
Justice
on December 14, 1995 with his wife Arcelia to sign the petition.chanrobles virtuallaw libraryred
On December 14, 1995,
at 5:00 a.m., Placido and Arcelia locked their house and gave the key
thereof
to Joyce. At 5:45 a.m., the couple took the Biel Bus on their way
to Don Gregorio Evangelista Memorial School in Sta. Catalina. The
bus stopped in front of the City Hall. The couple alighted from
the
bus and took a passenger jeepney to the school. At about 6:50
a.m.,
they reached the school. Arcelia attended the flag-raising
ceremony
while Placido waited for his sister, Corazon Luna Dulaca, inside
Arcelia’s
classroom. At 8:00 a.m., Rubia Baiti, a co-teacher of Arcelia,
went
to the classroom of Arcelia to borrow money which her son needed
badly.
Rubia did not have a single centavo at the time. She saw Placido
and greeted him. Placido told Rubia that he was waiting for his
wife.
At about said time, Corazon arrived in the school. At 8:20 a.m.,
Placido and Corazon proceeded to the Public Attorney’s Office.
Placido
signed the petition regarding their lot in Talong-talon in said office
at 9:45 a.m. The signing was witnessed by Melania Abil,[10]
the stenographer of the Public Attorney’s Office. Thereafter,
Placido
and Corazon returned to the school arriving thereat at 10:50 a.m.
Rubia saw Placido in the classroom of Arcelia at about 11:00 a.m.
Later,
Placido and Arcelia had lunch in the latter’s classroom. Arcelia
told her husband not to go home yet as after classes they will get the
Sony karaoke which she bought on installment from Golden Bell.
Placido
acceded and waited for his wife. At 4:45 p.m., Placido and
Arcelia
went to Golden Bell to claim the Sony karaoke. Arcelia
acknowledge
receipt of the merchandize.[11]
From there, they took a tricycle to the Biel Bus Station where they
took
the bus to Talisayan. They reached Talisayan at about 6:00
p.m.
The next day, December 15, 1995, at about 6:00 p.m., Isabel arrived in
the house of Placido and inquired from Arcelia if Placido was at
home.
When Arcelia replied in the affirmative and opened the door of the
house,
police officers of the Criminal Investigation Service of the Philippine
National Police entered the house and seized Placido for the alleged
rape
of his granddaughter, Shermalou.chanrobles virtuallaw libraryred
Several days thereafter,
the spouses Erwin, Sr. and Isabel demanded, in the presence of Barangay
Chairman Danny Hasil, that Arcelia give them either the amount of
P20,000.00 in consideration of their desistance in pursuing the case
against
Placido, or the amount of P6,000.00 so that they can demolish their
house
and relocate in Ayala. As Placido was already detained, Arcelia
refused
and ordered the spouses Erwin, Sr. and Isabel to demolish their house.chanrobles virtuallaw libraryred
At one time, Isabel
invited Placido and Arcelia to be her business partners in a small
store
that she was going to put up. The spouses agreed to
infuse
some money. However, after some time, the store closed.
Isabel
was not able to return the money that the couple had contributed and in
lieu thereof, Isabel gave them unsold items from her store which items
Placido and Arcelia sold in their own small store. Isabel had
other
business proposals, the latest of which was the putting up of a store
at
Recodo in Mar Fishing. She asked Placido and Arcelia to finance
the
same. However, Placido and Arcelia refused. At another
time,
before the December 14, 1995 incident, Isabel went to Arcelia asking
for
P15,000.00 so she can buy a house in Ayala. However, Arcelia
refused
to give her money. All these incidents led Isabel to concoct her
story that Placido raped Shermalou.chanrobles virtuallaw libraryred
Joyce Luna, the daughter-in-law
and sister-in-law of accused-appellant, corroborated in part the
testimony
of accused-appellant and testified that on December 14, 1995 at 7:00
a.m.,
Erwin, Sr. and Isabel arrived in the house of Placido and Arcelia to
cook
food for their supper and for Isabel to iron out her clothes since
there
was no electricity in the house of the couple. Shermalou and
Joyce’s
children then left for school at 7:00 a.m. Erwin, Sr. left at
about
8:00 a.m. At noontime, Shermalou and her children returned home
from
school and ate lunch. The children thereafter returned to their
school.chanrobles virtuallaw libraryred
Dr. Rodolfo Valmoria,
whom accused-appellant presented as witness, testified that
with the use of a device, he measured the length and circumference of
the
penis of accused-appellant at normal size and when erect and signed a
Medico-Legal
Report No. M-213-96.[12]
Considering the length and circumference of the erect penis of
accused-appellant
vis-a-vis the size of the vagina of private complainant who was only
eight
years old on December 14, 1995, if the penis of accused-appellant
penetrated
the vagina of private complainant, there would be a deep laceration of
the hymen and of the perineum which is the external surface of the
external
vaginal canal made of subcutaneous tissues and small blood
vessels.
The small blood vessels would be disrupted. However, when he
examined
the vagina of private complainant, it would admit only the tip of the
examining
little finger and hence there was no actual penetration of her vagina
by
a penis contrary to the testimony of private complainant that the penis
of accused-appellant penetrated her vagina. He also stated that
when
Shermalou arrived in her office for a genital examination, she acted
normally.chanrobles virtuallaw libraryred
As aforestated, the
trial court rendered judgment convicting Placido of qualified rape, the
decretal portion of which reads:chanrobles virtuallaw libraryred
WHEREFORE, in consideration
of all the foregoing, the Court finds the accused Placido Luna y delos
Reyes guilty beyond reasonable doubt of the crime of "RAPE" and hereby
sentences him to suffer the supreme penalty of DEATH, to
indemnify
the herein victim Shermalou Alberto the amount of P50,000.00 and to pay
the costs.cralaw:red
SO ORDERED.[13]chanrobles virtuallaw libraryred
Accused-appellant assails
the decision of the court a quo contending that:chanrobles virtuallaw libraryred
I
THE TRIAL COURT ERRED
WHEN IT IGNORED THE TESTIMONY OF THE MEDICO-LEGAL OFFICER THAT THE
LACERATIONS
ON THE HYMEN OF THE PRIVATE COMPLAINANT HAPPENED ONE OR TWO MONTHS AGO
BEFORE THE EXAMINATION OF COMPLAINANT ON DECEMBER 15, 1995 AND THAT
THERE
WAS NO BLEEDING FOUND IN THE COMPLAINANT’S ORGAN, WHICH CLEARLY SHOWED
THAT THE CRIME OF RAPE WAS A MERE FABRICATION OF THE COMPLAINANT AND
HER
MOTHER.chanrobles virtuallaw libraryred
II
THE TRIAL COURT ERRED
WHEN IT IGNORED THE INCONSISTENCIES AND MATERIAL CONTRADICTIONS IN
PRIVATE
COMPLAINANT’S TESTIMONY WHICH RENDERS HER TESTIMONY IMPROBABLE AND
QUESTIONABLE,
AND ENGENDER DOUBTS ON THE GUILT OF THE ACCUSED-APPELLANT.
III
THE TRIAL COURT ERRED
WHEN IT IGNORED THE GLARING DISCREPANCY BETWEEN PRIVATE COMPLAINANT’S
STATEMENT
TO THE BARANGAY CAPTAIN AND HER COURT TESTIMONY.chanrobles virtuallaw libraryred
IV
THE TRIAL COURT ERRED
WHEN IT IGNORED AND DISREGARDED THE FACT THAT THE PRIVATE COMPLAINANT’S
MOTHER WHO FILED THE COMPLAINT HAS STRONG MOTIVE TO FALSELY CHARGE THE
ACCUSED-APPELLANT WITH THE CRIME OF RAPE.chanrobles virtuallaw libraryred
V
THE TRIAL COURT ERRED
WHEN IT HELD THAT THE PROSECUTION’S STORY IS MORE CREDIBLE DESPITE THE
CLEAR, POSITIVE AND CONVINCING TESTIMONY OF ACCUSED-APPELLANT AND THE
TESTIMONIES
OF HIS CORROBORATING WITNESSES.chanrobles virtuallaw libraryred
VI
THE TRIAL COURT ERRED
IN NOT ACQUITTING THE ACCUSED-APPELLANT OF THE CRIME OF RAPE AS
CHARGED.chanrobles virtuallaw libraryred
VII
THE TRIAL COURT GRAVELY
ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH ON THE
ACCUSED-APPELLANT.chanrobles virtuallaw libraryred
The first to sixth errors
assigned by accused-appellant being interrelated with each other, the
Court
will delve into and resolve the same simultaneously.cralaw:red
Accused-appellant contends
that private complainant’s testimony is improbable marked with
inconsistencies.
He asserts that private complainant testified that when
accused-appellant
ordered Erwin, Jr. to fetch water from the well, the latter was already
in the house of accused-appellant. However, private complainant
contradicted
herself in response to the question of the trial court when she stated
that Erwin, Jr. was already in the well. Accused-appellant
further
avers that private complainant testified that accused-appellant ordered
Erwin, Jr. to fetch water while the latter was defecating in the toilet
and it was then that accused-appellant pushed her to the bed in the
sala.
Again she contradicted herself when she testified in response to the
question
of the trial court that when accused-appellant was giving instructions
to Erwin, Jr. to fetch water, she was already in bed after having been
pushed by accused-appellant. Accused-appellant stresses that the
contradictions and inconsistencies in the testimony of private
complainant
constitute proof that she was prevaricating and rendered her entire
testimony
barren of probative weight. Moreover, private complainant swore
to
tell the truth before the court because she was afraid that her mother
will go to jail. Isabel coached Shermalou into testifying as she did
against
accused-appellant.chanrobles virtuallaw libraryred
Accused-appellant points
out that private complainant’s account of the events immediately before
and at the time she was allegedly raped by him is belied by Isabel’s
sworn
statement[14]
wherein she declared that when she talked with her son, Erwin, Jr. in
the
evening of December 14, 1995, he related to her that earlier that
day at about 7:00 a.m., Erwin, Jr. and his sister Shermalou went
to the house of accused-appellant for Erwin, Jr. to defecate and
accused-appellant
asked them to massage his stomach to relieve himself of gas pain; that
Erwin, Jr. saw the size of the sexual organ of accused-appellant and
that
Erwin, Jr. was ordered by accused-appellant to leave the house while
Shermalou
was asked to remain and continue massaging accused-appellant.
Accused-appellant
states that when she testified, Shermalou failed to mention having been
ordered by accused-appellant to massage his abdomen before he raped
her.
The failure of the prosecution to present Erwin, Jr. as a witness to
corroborate
the testimony of Isabel and Shermalou debilitated the case of the
prosecution.chanrobles virtuallaw libraryred
Accused-appellant further
contends that private complainant’s testimony that she was raped by him
on December 14, 1995 is belied by her behavior when she was examined by
Dr. Valmoria on December 17, 1995. At that time, private
complainant
acted normally, showing no external manifestations of the trauma of one
who has just been sexually ravished. Moreover, private
complainant’s
testimony cannot prevail over the testimony of Dr. Valmoria who
testified
that since the lacerations of the hymen of private complainant were
deep-healed,
she must have been sexually abused about a month or two months before
December
14, 1995 and the findings of the doctor that considering the length and
diameter of the erect penis of accused-appellant it would have been
impossible
for it to penetrate the vagina of private complainant which admitted
only
the tip of the examining little finger without causing lacerations in
the
hymen, the perineum and the fourchette. Moreover, Dr. Valmoria
testified
that he found no fresh lacerations on the hymen of private complainant
and spermatozoa in her sex organ.chanrobles virtuallaw libraryred
Accused-appellant asserts
that the charge of rape against him was but a vicious concoction of
Isabel
to pillory him for his refusal to give her money in the amount of
P20,000.00
and to infuse capital in her business venture. Finally,
accused-appellant
states that the trial court ignored his defense of alibi buttressed as
it was by clear and convincing evidence.chanrobles virtuallaw libraryred
This Court is not swayed
by accused-appellant’s contentions and ratiocinations. In
reviewing
rape cases, this Court is guided by three well entrenched principles:
(1)
an accusation for rape can be made with facility; it is difficult to
prove
but more difficult for the person accused though innocent to disprove;
(2) in view of the intrinsic nature of the crime of rape, where only
two
persons are usually involved, the testimony of the private complainant
must be scrutinized with extreme caution; (c) the evidence for the
prosecution
must stand or fall on its own merits and cannot be allowed to draw
strength
from the weakness of the evidence for the accused.[15]
Trial courts have the unique advantage of observing and monitoring at
close
range the attitude, conduct and deportment of the witnesses, as they
narrate
their testimonies before said court. The legal aphorism is that
the
findings of the trial courts, their calibration of the testimonies of
witnesses
and their assessment of the probative weight of the evidence of the
parties
and the conclusions of the trial court culled from said findings are
accorded
by the appellate court great respect, if not conclusive effect, unless
the trial court ignored, misunderstood, misinterpreted or misconstrued
cogent facts and circumstances which, if considered, would alter the
outcome
of the case.[16]
In this case, the trial court found Shermalou and her testimony to be
credible
and entitled to probative weight:chanrobles virtuallaw libraryred
xxxchanrobles virtuallaw libraryred
The Court has thoroughly
scrutinized the transcripts of the testimony of Shermalou Alberto, the
herein complainant, as well as the notes it took down during the
proceedings,
and noted that at one point of her testimony in chief, she shed
tears.
It had been ruled in the case of People vs. Gecomo, 254 SCRA 82, that
"the
crying of the victim during her testimony is evidence of the
credibility
of the rape charge with the verity born out of human nature and
experience".
Subjected to a lengthy cross-examination, she remained steadfast in
pointing
to the accused as the person who raped her. Her answers to the
questions
were frank, straightforward and categorical. She even revealed
new
matters which were not testified to by her on direct
examinations.
For instance, she said, she was still sleeping when her father and
mother
left their house in the early morning of December 14, 1995, thus,
belying
the claim of Joyce Luna, that her brother, Erwin, was in her house at 7
o’clock that morning to cook rice and that her sister in-law, Isabel
Alberto,
was also in her house that morning, to iron her clothes. It was
also
during the cross-examination that she explained the reason why she and
her brother were using the toilet of the accused. She also
revealed
other details not found in her testimony-in-chief which enhances the
veracity
of her accusation.chanrobles virtuallaw libraryred
There is nothing in
the records of this case and in the testimonies of the witnesses to
include
those presented by the defense that reveals any ill motive on the part
of complainant, Shermalou Alberto, to concoct her tale of ravishment in
the hands of the herein accused. This being so, the rule
enunciated
by the Supreme Court in the case of People vs. Cagto, 253 SCRA
455,
to the effect that when there is no motive to testify against the
accused,
the testimony of a rape victim is credible, shall apply. In
another
case, the Supreme Court said that "Full credence is accorded the
testimony
of a rape victim who has shown no ill motive to testify against the
accused".
(People vs. Canada, 253 SCRA 277.chanrobles virtuallaw libraryred
xxx[17]chanrobles virtuallaw libraryred
The Court has painstakingly
examined the evidence on record, and is convinced that the aforesaid
findings
of the trial court are buttressed by said evidence, and its conclusions
anchored on said findings are precise and logical and in conformity
with
ordinary human experience.chanrobles virtuallaw libraryred
It is established jurisprudence
that testimony must be considered and calibrated in its entirety
inclusive
and not by truncated or isolated passages thereof.[18]
Due consideration must be accorded to all the questions propounded to
the
witness and her answers thereto.[19]
The whole impression or effect of what had been said or done must be
considered
and not individual words or phrases alone.[20]
Moreover, rape is a painful experience which is oftentimes not
remembered
in detail. It causes deep psychological wounds, often forcing the
victim’s conscience or subconscious to forget the traumatic experience,
and casts a stigma upon the victim, scarring her psyche for life.[21]
A rape victim cannot thus be expected to keep an accurate account and
remember
every ugly detail of the appalling and horrifying outrage perpetrated
on
her especially since she might in fact have been trying not to remember
them. Rape victims do not cherish in their memories an accurate
account
of when and how, and the number of times they were violated.[22]
Error-free testimony cannot be expected most especially when a young
victim
of rape is recounting details of a harrowing experience, one which even
an adult would like to bury in oblivion deep in the recesses of her
mind,
never to be resurrected.[23]
Moreover, a rape victim testifying in the presence of strangers, face
to
face with her tormentor and being cross-examined by his hostile and
intimidating
lawyer would be benumbed with tension and nervousness and this can
affect
the accuracy of her testimony.[24]
Often, the answers to long-winded and at times misleading questions
propounded
to her are not responsive. However, considering her youth and her
traumatic experience, ample margin of error and understanding should be
accorded to a young victim of a vicious crime like rape.chanrobles virtuallaw libraryred
In this case, the private
complainant was barely ten years old and a Grade III pupil when she
testified
before the trial court. It is true that her testimony as to where
precisely her brother Erwin, Jr. was or where she was when
accused-appellant
ordered Erwin, Jr. to fetch water after defecating was
incongruent.
However, the inconsistencies and contradictions in the testimony of
private
complainant pertained only to trivial, collateral and peripheral
matters
and not to the particulars of the crime and hence, did not denigrate
her
credibility and the verisimilitude of her testimony. Such minor
contradictions
or inconsistencies are even indicative of an unrehearsed testimony and
serve to strengthen and enhance her credibility.[25]
Despite the grueling, intensive and incisive cross-examination by
counsel
of accused-appellant, not to mention the clarificatory questions by the
trial court, private complainant remained intractable and consistent as
she unfolded to the court, with tears cascading from her eyes, how she
was ravished by accused-appellant after hiding her panty and applying
cooking
oil on his penis to facilitate its entry into her vagina. She
even
demonstrated to the court how accused-appellant consummated his
lecherous
and diabolical acts on her.[26]chanrobles virtuallaw libraryred
Private complainant’s
account of how accused-appellant defiled her was replete with details
that
the Court finds accused-appellant’s assertion that Isabel coached her
daughter
into testifying against him highly improbable if not incredible.
The fact that private complainant was crying during her testimony
bolstered
her credibility with the verity born out of human nature and experience.[27]
Indeed, recalling and relating the heartrending past will trigger
copious
tears as a consequence. A Filipina, more so a young girl like
private
complainant, is by nature shy. When she cries rape, she is saying
in effect all that is necessary to show that rape was indeed committed.[28]chanrobles virtuallaw libraryred
Jurisprudence holds
that the testimony of rape victims who are young and immature deserves
full credence and full probative weight. In this case,
accused-appellant
even unabashedly admitted that private complainant had no ill or
devious
motive for charging him with rape. Accused-appellant was no less
the step-grandfather of private complainant. She charged
accused-appellant
with rape and testified on her heartrending ordeal only to quench her
thirst
for justice. Indeed, no woman, especially one of tender age,
would
concoct a story of defloration, allow the examination of her private
parts,
and thereafter pervert herself by being subjected to a public trial if
she was not motivated solely by an innate desire to have the culprit
apprehended
and punished for his dastardly acts.[29]chanrobles virtuallaw libraryred
Accused-appellant cannot
find solace in the incoherence of the testimony of private complainant
for another reason. The private complainant was not confronted on
cross-examination by counsel of accused-appellant with her inconsistent
testimony and accorded a chance to explain the same as required by
Section
13, Rule 132 of the Revised Rules of Evidence. In People
vs.
Campaner,[30]
we held that:chanrobles virtuallaw libraryred
xxx Under Rule 132,
§13, in order to impeach Geraldine’s credit, her previous
testimony,
alleged to be inconsistent with her subsequent one, should have been
shown
or read to her and then she should have been asked to explain the
apparent
discrepancy. This was not done in this case and accused-appellant
cannot derive any benefit from the supposed contradictions in
Geraldine’s
testimony.chanrobles virtuallaw libraryred
The prosecution cannot
be faulted nor its cause debilitated merely because it did not present
Erwin, Jr. as a witness to corroborate the testimonies of private
complainant
and their mother Isabel. There is no law or rule requiring the
prosecution
to present corroborative evidence. The testimony of private
complainant
when credible and trustworthy is sufficient to convict the
accused-appellant.[31]
The prosecution need not present any corroborative evidence as it would
be a surplusage.[32]chanrobles virtuallaw libraryred
Neither are the credibility
of private complainant and the verity of her testimony destroyed simply
because she did not testify that as narrated by Erwin, Jr. to his
mother,
before accused-appellant had carnal knowledge of private complainant,
accused-appellant,
with his penis in full view of private complainant and Erwin, Jr.
ordered
the two children to massage his abdomen. The matter of whether or
not Erwin, Jr. and Shermalou first massaged the abdomen of
accused-appellant
before he raped her was merely peripheral and collateral to the corpus
delicti.chanrobles virtuallaw libraryred
The prosecution was
not enfeebled by the testimony of Dr. Rodolfo Valmoria, as a witness
for
accused-appellant and his Medico-Legal Report[33]
on the length of the penis of accused-appellant and the circumference
of
its shaft and glans. Indeed, the testimony of Dr. Valmoria
testifying
for accused-appellant even buttressed the case of the prosecution.chanrobles virtuallaw libraryred
The absence of spermatozoa
in the sex organ of private complainant on December 15, 1995 does not
disprove
rape.[34]
It could be that before private complainant was examined by the doctor
on December 15, 1995, she washed her sex organ or urinated thus
accounting
for the absence of any spermatozoa in her sex organ. Neither does
the absence of fresh lacerations in the hymen of private complainant
disprove
rape. On the other hand, we held that lacerations whether healed
or fresh are the best physical evidence of forcible defloration.[35]
The barefaced fact that the penis of accused-appellant in full erection
was 9.0 centimeters long and the circumference of its shaft was 9.05
centimeters
and the circumference of its glans was 11.0 centimeters do not preclude
rape. In People vs. Ablog,[36]
we held that:
xxx Nor is it improbable
for a penis the size of one and three-fourths (1 ¾) to penetrate
the vagina of a ten-year old girl and for her vagina to still exhibit a
strong resistance to an index finger. Not only are the sizes of
his
penis and an index finger not too far apart but it must also be
stressed
that the resistance of the hymen does not depend on the size of the
penetrator
but on the laxity of the hymen itself.chanrobles virtuallaw libraryred
Even if accused-appellant
made forward and backward thrusts while on top of private complainant
before
he ejaculated, his penis may not have been able to penetrate and
rupture
the hymen of private complainant. It bears stressing that private
complainant never claimed when she testified that the shaft of the
penis
of accused-appellant penetrated her hymen. She merely testified
that
the penis of accused-appellant was big and only a "little or small
portion"
of which gained entry into her vagina.chanrobles virtuallaw libraryred
xxxchanrobles virtuallaw libraryred
Q
Will you describe how you felt when you said that the organ of your
lolo
was inside?
A
It was only a small portion of it that got inside.chanrobles virtuallaw libraryred
Q
How do you know that it was a small portion?
A
Because it is me and I felt it.chanrobles virtuallaw libraryred
Q
Is it not that the organ of your lolo is very big?
A
Yes, it is very big.chanrobles virtuallaw libraryred
Q
Can you tell us how big it is?chanrobles virtuallaw libraryred
COURT INTERPRETERchanrobles virtuallaw libraryred
Witness demonstrating
the organ of his lolo by placing three of her closed fist. - one
over the other.chanrobles virtuallaw libraryred
ATTY. SOTTO
Q
All right, to make it clear. I have here a piece of rolled paper,
will you please make the adjustment in this rolled paper the size of
your
lolo’s penis or private part.cralaw:red
COURT INTERPRETERchanrobles virtuallaw libraryred
Witness demonstrating
by using the rolled bond paper.chanrobles virtuallaw libraryred
ATTY. SOTTOchanrobles virtuallaw libraryred
May we request that
the length mentioned by the witness be marked, Your Honor.chanrobles virtuallaw libraryred
ACP BALANchanrobles virtuallaw libraryred
The approximate.chanrobles virtuallaw libraryred
ATTY. SOTTOchanrobles virtuallaw libraryred
Q
Now, this is the diameter of your lolo’s organ, is it not?
A
Yes, sir.chanrobles virtuallaw libraryred
Q
Now, with the same rolled paper you can make the adjustment by rolling
it just to show how big or the diameter of your lolo’s organ by using
the
same paper.
A
As big as this.chanrobles virtuallaw libraryred
ATTY. SOTTO
May we request that
the same coupon bond to which the witness made the adjustment insofar
as
the diameter is concerned, may we request that this be stapled so that
the actual size of the diameter indicating thereat be measures (sic),
Your
Honor or it be pasted your Honor.chanrobles virtuallaw libraryred
COURTchanrobles virtuallaw libraryred
It is up to you.chanrobles virtuallaw libraryred
ATTY. SOTTOchanrobles virtuallaw libraryred
Q
Now, approximately, is this the diameter of your lolo’s private part?
A
Yes, sir.chanrobles virtuallaw libraryred
Q
And this length as you said is from this, up to this one, right?
A
Yes, sir.chanrobles virtuallaw libraryred
Q
Now, you said the insertion was only a little?chanrobles virtuallaw libraryred
A
Yes, sir.chanrobles virtuallaw libraryred
Q
Now, using the same paper that you said which is the size of your
lolo’s
organ, will you please tell us up to where was your lolo’s organ
inserted
in the private organ?chanrobles virtuallaw libraryred
COURT INTERPRETERchanrobles virtuallaw libraryred
Witness again describing
the size of the insertion of the penis in the same rolled bond paper.chanrobles virtuallaw libraryred
ATTY. SOTTOchanrobles virtuallaw libraryred
May we request your
Honor that the rolled coupon bond be marked as Exhibit '1' for the
accused.chanrobles virtuallaw libraryred
The lenth (sic) as indicated
by the witness, may we request that this be marked as Exhibit
'1-A';
and the length of the organ that was actually inserted according to the
witness as marked in this paper and indicated by her, be marked as
Exhibit
'1-B.'chanrobles virtuallaw libraryred
Q
Now, you said that the organ of your lolo was inserted up to this
point,
and you said it was only a little that was inserted.
A
Yes, sir.chanrobles virtuallaw libraryred
xxx.[37]
Dr. Rodolfo Valmoria
testified that with the application of cooking oil on a fully erect
penis
of accused-appellant, the head of the penis can gain entry into the sex
organ of private complainant and could cause damage to the hymen:chanrobles virtuallaw libraryred
xxxchanrobles virtuallaw libraryred
Q
Now, doctor, you said that the vaginal canal is narrow, that only the
tip
of the little finger will insert out of force?chanrobles virtuallaw libraryred
A
Yes, sir.chanrobles virtuallaw libraryred
Q
Now, supposed (sic) an erected penis and applied with oil and fluid for
pressure, even the head of the penis doctor, can be inserted to it?
A
Yes, sir, it depends upon the size of the erected penis, even a tip of
the little finger, it can be penetrated by a small finger, but with
oil,
applied with oil, and you will exert effort, and it could be possible
with
oil, I think the hymen there is damage because of the force (sic)
entry.chanrobles virtuallaw libraryred
Q
Now, as a result of your investigation, do you still consider Shermalou
Alberto has been injured?
A
She is non-virgin.[38]chanrobles virtuallaw libraryred
In response to the questions
of the trial court and to the questions on direct examination of
counsel
of accused-appellant, no less Dr. Valmoria testified that although
there
was no penetration by the penis of accused-appellant of the hymen of
private
complainant, there was entry by his penis into the labia minora and
labia
majora of the sex organ of private complainant:chanrobles virtuallaw libraryred
COURT:v
Alright. Few questions
from the court.chanrobles virtuallaw libraryred
Q
Correct me if I am wrong, the outer portion of the penireum (sic) is
called
the labia majora?
A
Yes, Your Honor.chanrobles virtuallaw libraryred
Q
And the inner portion is the labia minora?
A
Yes, Your Honor.chanrobles virtuallaw libraryred
Q
When it is entered first by any object, or the penis organ it is the
labia
majora?
A
Yes, Your Honor.chanrobles virtuallaw libraryred
Q
There after, its (sic) entered into the labia minora?
A
Yes, Your Honor.chanrobles virtuallaw libraryred
Q
In this particular case, could you say this hard object entered the
labia
minora?chanrobles virtuallaw libraryred
A
Its (sic) depend, it is separate, the labia minora is the inner
portion,
and labia majora is the outer portion.chanrobles virtuallaw libraryred
Q
Considering the injury that you found in the hymen as you said the
position
is 5 o’clock and 11 o’clock, there was an entry of hard object on
the labia majora as well as the labia minora?chanrobles virtuallaw libraryred
A
Yes, Your Honor.[39]chanrobles virtuallaw libraryred
xxx
ATTY. SOTTOchanrobles virtuallaw libraryred
Q
So that, if an organ like that of the accused’s if it would penetrate
the
organ of the child, would you say that even the blood vessels would
have
been disrupted?
A
Yes, disruption of the blood vessels.chanrobles virtuallaw libraryred
Q
You have actually examined the organ of the child, and she claimed that
she was raped, and there was actual penetration, as she clearly
claimed,
with this, what would actually be your observation?chanrobles virtuallaw libraryred
A
There might be penetration, per examining finger, but in this
particular
case, it only admits the tip of the examining finger, so, I would say,
there was no actual penetration.chanrobles virtuallaw libraryred
Q
So, you are saying now that there could be no actual penetration?chanrobles virtuallaw libraryred
A
No actual penetration, but possibly, it only hit the labia majora and
then
extends to the hymen.[40]chanrobles virtuallaw libraryred
The presence of deep-healed
lacerations in the hymen of private complainant do not preclude the
entry
of the penis of accused-appellant into the pudendum on December 14,
1996
as testified to by private complainant. Indeed, the presence of
the
deep-healed lacerations confirmed the testimony of private complainant
that accused-appellant had been abusing her since she was in Grade
I.
The doctor testified that with the entry of the penis of
accused-appellant
into the pudendum of private complainant on December 14, 1996 the area
of the already deep-healed lacerations on the hymen was extended or
enlarged
at 9:00 and 11:00 o’clock positions:chanrobles virtuallaw libraryred
xxxchanrobles virtuallaw libraryred
Q
So, let (sic) say, the woman was virgin before she was raped, the hymen
was lacerated at about 5:00 o’clock doctor, it was another insertion of
the penis for the past several days, then another laceration?chanrobles virtuallaw libraryred
A
It has not been lacerated from 3:00 to 5:00 o clock the location of the
laceration, now, there are lacerations before the examination, one
month
or two months ago, there were several insertions of the penis in the
vagina,
probably it produced shallow, probably enlargement on the same area.chanrobles virtuallaw libraryred
Now, another laceration,
but the laceration is just only on the extend on the base, for example
if this is the hymen, there is a shallow laceration, it could be
possible
following insertion it will extend this laceration on the vaginal
canal,
the same laceration.chanrobles virtuallaw libraryred
Q
In this particular case, when you examined Shermalou Alberto, there is
a possibility of the extend (sic) of laceration?
A
Yes, sir, there is laceration 9:00 and 11:00 o clock to be extended
laceration.[41]chanrobles virtuallaw libraryred
In People vs. Mahinay,[42]
we held that in proving sexual intercourse, it is enough that there is
the slightest penetration of the male organ into the female sex
organ.
The mere touching by the male organ or instrument of the labia of the
pudendum
of the woman’s private part is sufficient to consummate the
crime.
It is not even required for the consummation of the crime of rape that
the hymen be ruptured or lacerated.[43]chanrobles virtuallaw libraryred
We find nothing unnatural
in the normal behavior of private complainant at the office of Dr.
Rodolfo
Valmoria on December 15, 1995 in spite of her ordeal on December 14,
1995.
After all, the penis of accused-appellant failed to fully penetrate her
hymen. She may have felt pain as the large penis of
accused-appellant
tried to penetrate her hymen but the pain may have already evanesced by
the time she and her mother saw the doctor on December 15, 1995.
Even if we assume for the nonce that private complainant was still in
pain
when she was in the office of the doctor, but had exhibited no external
manifestation of the trauma she had suffered the day before, such
behavior
is not unexpected. Case law has it that:chanrobles virtuallaw libraryred
xxx Suffice to stress,
it is not proper to judge the actions of children who have undergone
traumatic
experiences by the norms of behavior expected under the circumstances
from
mature persons. The range of emotion shown by rape victims is yet
to be captured even by the calculus. It is thus unrealistic to
expect
uniform reactions from rape victims.[44]chanrobles virtuallaw libraryred
Private complainant’s
testimony that accused-appellant made forward and backward thrusts
while
on top of her is not inconsistent with her testimony that only a
"little
or small" portion of his penis in full erection managed to gain entry
into
her pudendum. Dr. Valmoria testified that the hymen of private
complainant
was so tight that it admitted only a tip of his examining little
finger.
Because of said thrusts, accused-appellant ejaculated, the sex organ of
private complainant became wet and the penis of accused-appellant
retracted.
The penis of accused-appellant failed to penetrate her hymen.chanrobles virtuallaw libraryred
Equally incredible is
accused-appellant’s contention that Isabel contrived the charge against
him because of his and his wife’s refusal to give the amount of
P20,000.00
for the purchase of a lot or house or even P6,000.00 for Isabel and her
family to vacate the property where their house was located. It
bears
stressing that accused-appellant was no less than the stepfather of
Isabel’s
husband. We find it unbelievable that Isabel would concoct the
charge
against accused-appellant and instigate her young daughter into falsely
testifying against accused-appellant for which the latter could be
convicted
and meted the death penalty or a long prison term simply and merely
because
accused-appellant and his wife refused to give Isabel the amount of
P20,000.00
for the purchase of a lot or house, at the very least the amount of
P6,000.00
for Erwin and Isabel’s expenses in vacating the property where they
resided.
No mother in her right mind would subject her young daughter to the
humiliation,
tribulation, disgrace and trauma attendant to a prosecution for rape if
she were motivated solely to extort the measly amount of P20,000.00 or
even P6,000.00 from accused-appellant and his wife. Isabel
accompanied
her daughter to the police authorities and helped her daughter file a
complaint
for rape against accused-appellant. As a mother, Isabel would and
should give her daughter all the support to obtain justice and secure a
conviction of accused-appellant for defiling her young daughter.[45]
Isabel rejected Arcelia’s offer to settle the case amicably for
P50,000.00,
payable upon her retirement by telling Arcelia that her daughter was
not
an animal:chanrobles virtuallaw libraryred
FISCAL BALANchanrobles virtuallaw libraryred
xxx
Q
Do you remember the date or month, or year that Mrs. Arcelia Alegaria
Luna
went to your house?chanrobles virtuallaw libraryred
A
Yes.chanrobles virtuallaw libraryred
Q
What month?chanrobles virtuallaw libraryred
A
It was on December 26, that she went to our house.chanrobles virtuallaw libraryred
Q
What year?chanrobles virtuallaw libraryred
A
1995.chanrobles virtuallaw libraryred
Q
At that time, where were you residing?chanrobles virtuallaw libraryred
A
At Talisayan.chanrobles virtuallaw libraryred
Q
On the same house where this incident happened?
A
Yes.chanrobles virtuallaw libraryred
Q
Now, what did Mrs. Arcelia Luna do in your house?chanrobles virtuallaw libraryred
A
She was asking for an amicable settlement, considering that we are just
relatives and we belong to the same family.chanrobles virtuallaw libraryred
Q
Now, what did you answer, if any?chanrobles virtuallaw libraryred
A
I told her that it is not that easy; because my daughter was the
victim;
and, she promised to help us and offered us P50,000.00 upon her
retirement.cralaw:red
Q
Did you accept her offer?chanrobles virtuallaw libraryred
A
I did not accept it because I told her that my daughter is not an
animal,
and I am so certain that I am going to win in this case, at 100% sure.chanrobles virtuallaw libraryred
Q
Now, when you refused her offer for settlement, what happened next, if
any?chanrobles virtuallaw libraryred
A
She was mad and ordered our house to be demolished.chanrobles virtuallaw libraryred
Q
Why? Whose lot is that where your house is built?chanrobles virtuallaw libraryred
A
They are the caretaker of the lot.chanrobles virtuallaw libraryred
Q
Now, did you remove your house?chanrobles virtuallaw libraryred
A
Yes, immediately.[46]chanrobles virtuallaw libraryred
Significantly, accused-appellant’s
reliance on the testimony of Barangay Captain Danilo Hasil whom
accused-appellant
presented as rebuttal witness even backfired on accused-appellant
because
instead of confirming the claim of Arcelia and accused-appellant that
Isabel
went to the Office of the Barangay Captain to receive the money which
Isabel
was extorting from accused-appellant, the barangay captain declared
that
Isabel and her husband went to the Office of the Barangay Captain
merely
and simply to report the rape committed by accused-appellant on
Shermalou
and for no other purpose:chanrobles virtuallaw libraryred
ATTY. SOTTOchanrobles virtuallaw libraryred
Q
Mr. Witness, do you know the person of Isabel Alberto?
A
Yes.chanrobles virtuallaw libraryred
Q
How about the husband? Do you know the husband of Isabel Alberto?
A
Yes.chanrobles virtuallaw libraryred
Q
Do you know the name of the husband of Isabel Alberto?
A
Jim Boy.chanrobles virtuallaw libraryred
Q
Now, there was this testimony of Isabel Alberto before this Honorable
Court
that she never set foot in your office - - in the Office of the
Barangay
Captain of Talisayan, what can you say about this?chanrobles virtuallaw libraryred
FISCAL BALAN
The question is vague.chanrobles virtuallaw libraryred
COURTchanrobles virtuallaw libraryred
Yes; be specific on
the time.chanrobles virtuallaw libraryred
ATTY. SOTTOchanrobles virtuallaw libraryred
Q
At any time before; is that true that she never set foot in your office?
A
They went to my office together with her husband, and the brother of
her
husband.chanrobles virtuallaw libraryred
Q
Do you know the name of the brother of her husband?
A
Yes; Sonny Boy Albertochanrobles virtuallaw libraryred
Q
Can you tell the Honorable Court when was this?chanrobles virtuallaw libraryred
A
Three days after the arrest of the accused.chanrobles virtuallaw libraryred
Q
And, when you say "accused" to whom are you referring to as the accused?
A
Placido Luna.chanrobles virtuallaw libraryred
Q
And, why did Isabel Alberto and the husband and the brother of the
husband
go to your office?chanrobles virtuallaw libraryred
A
To record the incident that happened in their family; that the accused
raped the daughter of Jim Boy and Isabel Alberto.chanrobles virtuallaw libraryred
Q
What else, if any, transpired while they were in your office?
A
It was for record purposes.chanrobles virtuallaw libraryred
Q
Was there any other matter that was taken up while they were there?
FISCAL BALANchanrobles virtuallaw libraryred
The witness already
answered that it was for record purposes.cralaw:red
COURTchanrobles virtuallaw libraryred
Well, that is another
question.chanrobles virtuallaw libraryred
Aside from that, was
there anything that they did at that time?
A
Aside from that, they were asking for achanrobles virtuallaw libraryred
FISCAL BALAN
For the record, the
witness is having a hard time to answer.cralaw:red
A
(by the witness) No other purpose, aside from that.chanrobles virtuallaw libraryred
xxx[47]chanrobles virtuallaw libraryred
The trial court did
not give credence and probative weight to the collective evidence of
accused-appellant
to prove his defense of alibi. The Court agrees with the trial
court’s
evaluation. Alibi as a defense in criminal prosecution is
inherently
weak because it is easy to concoct and difficult to disprove. It
is a common and standard defense resorted to by one who is accused, and
usually, relatives and close friends are utilized by him to corroborate
said defense. Alibi cannot prevail over the categorical and
positive
identification by the victim of the accused-appellant as the culprit.[48]
The accused-appellant is burdened to prove with clear and convincing
evidence
that at the time of the commission of the offense charged, he was in a
place other than the situs criminis or immediate vicinity thereof such
that it was physically impossible for him to have committed the crime
charged.[49]chanrobles virtuallaw libraryred
In the case at bar,
private complainant categorically and unabashedly identified and
pointed
to accused-appellant, her own step-grandfather, as her rapist. Morever,
from the house of accused-appellant to the city hall and from the city
hall to Don Gregorio Evangelista Memorial School in Sta.
Catalina,
the travel time was only about an hour. Accused-appellant arrived
in the Office of the Public Attorney and signed a petition thereat at
9:45
a.m. Since accused-appellant raped private complainant at 7:00
a.m.
and left his house and proceeded to the Office of the Public Attorney,
accused-appellant arrived in said office well before 9:00 a.m.chanrobles virtuallaw libraryred
Reliance by accused-appellant
on his wife and on Joyce Luna, accused-appellant’s daughter-in-law and
sister-in-law (being the wife of the brother of accused-appellant) to
corroborate
his alibi, is misplaced. It is incredible that accused-appellant
and Arcelia could account for their whereabouts on December 14, 1996
with
precision.chanrobles virtuallaw libraryred
Neither can accused-appellant
rely on the testimony of Rubia Baiti because (a) she is a
co-teacher
of Arcelia; (b) Rubia declared that shehad to go to the classroom of
Arcelia
at about 8:00 a.m. of December 14, 1995 because she did not even have a
single centavo and had to borrow money from Arcelia only to declare in
the same breathe that Rubia was ashamed to tell Arcelia that she had to
borrow money;[50]
and (c) Rubia was requested by Arcelia as a favor to testify for
accused-appellant
and only a week before Rubia testified; d) before Rubia was requested
by
Arcelia to testify for accused-appellant, Rubia did not know the date
when
she saw accused-appellant.[51]
Likewise misplaced is the reliance by accused-appellant on the
affidavit
of Teofilo Sebilano appended to his Reply Brief. He failed to
present
Teofilo Sebilano as a witness before the trial court and failed to
adduce
the said affidavit as evidence during the trial. Moreover, the
affidavit
is hearsay evidence and hence, is worthless.chanrobles virtuallaw libraryred
In the seventh assignment
of errors, accused-appellant avers that there is no factual and legal
basis
for the imposition of the death penalty on him. The trial court
imposed
the death penalty on accused-appellant under Article 335 of the Revised
Penal Code as amended by Republic Act 7659 which reads:chanrobles virtuallaw libraryred
The death penalty shall
also be imposed if the crime of rape is committed with any of the
following
attendant circumstances:chanrobles virtuallaw libraryred
1. when the victim
is under eighteen (18) years of age and the offender is a parent,
ascendant,
step-parent, guardian, relative by consanguinity or affinity within the
third civil degree, or the common-law spouse of the parent of the
victim.chanrobles virtuallaw libraryred
xxx.chanrobles virtuallaw libraryred
While we agree with
accused-appellant that the trial court erred in imposing the death
penalty,
however, it is for a reason other than those relied upon by him.
The concurrence of the minority of private complainant and her
relationship,
whether by consanguinity or by affinity, with accused-appellant
envisaged
by law is a special qualifying circumstance warranting the imposition
of
the death penalty. Accused-appellant is not the parent,
step-parent
or ascendant of private complainant.[52]
However, he is related to private complainant by affinity within third
civil degree. The evidence on record shows that Arcelia, the
grandmother
of private complainant is legally married to accused-appellant.[53]chanrobles virtuallaw libraryred
However, the relationship
by affinity of private complainant to accused-appellant was not alleged
in the Information as required by Section 9, Rule 110 of the Revised
Rules
on Criminal Procedure which reads:chanrobles virtuallaw libraryred
Sec. 9. Cause
of the accusation. -- The acts or omissions complained of as
constituting
the offense and the qualifying and aggravating circumstances must be
stated
in ordinary and concise language and not necessarily in the language
used
in the statute but in terms sufficient to enable a person of common
understanding
to know what offense is being charged as well as its qualifying and
aggravating
circumstances and for the court to pronounce judgment.chanrobles virtuallaw libraryred
The aforesaid rule has
been applied retroactively because it is favorable to the accused.[54]
Since the relationship of accused-appellant and private complainant was
not alleged in the Information, the same shall not be considered in
upgrading
the crime to rape in its qualified form; otherwise, accused-appellant
will
be deprived of his right to be informed of the nature of the charge
against
him. In fine, accused-appellant is guilty only of statutory rape
defined in Article 335 of the Revised Penal Code, as amended,
punishable
by reclusion perpetua. The penalty imposed by the trial court
should
be modified accordingly. The trial court ordered
accused-appellant
to pay private complainant civil indemnity in the amount of P50,000.00
but did not order him to pay moral damages. Current jurisprudence
mandates accused-appellant to pay private complainant the amount of
P50,000.00
by way of moral damages.[55]chanrobles virtuallaw libraryred
IN LIGHT OF ALL THE
FOREGOING, the Decision of the Regional Trial Court is hereby AFFIRMED
with MODIFICATION. Accused-appellant is hereby found guilty
beyond
reasonable doubt of the crime of statutory rape defined in Article 335
of the Revised Penal Code, as amended, and is hereby meted the penalty
of RECLUSION PERPETUA. The accused-appellant is hereby ordered to
pay to private complainant the amount of P50,000.00 by way of civil
indemnity
and the amount of P50,000.00 by way of moral damages.chanrobles virtuallaw libraryred
SO ORDERED.chanrobles virtuallaw libraryred
Davide, Jr.,
C.J.
,
Bellosillo, Puno, Vitug, Mendoza, Panganiban, Quisumbing,
Ynares-Santiago,
Sandoval-Gutierrez, Carpio, Austria-Martinez, Corona, Carpio-Morales,
and
Azcuna,
JJ.
, concur. chanrobles virtuallaw libraryred
____________________________
Endnotes:cralaw:red
[1]
Penned by RTC Judge Carlito A. Eisma.chanrobles virtuallaw libraryred
[2]
The prosecution presented Dr. Rodolfo Valmoria, Shermalou C.
Alberto,
Isabel Alberto and SPO3 Eduardo Oya, Jr. as witnesses.
[3]
Original Records of Crim. Case No. 3263(13593), Exhibit 'C.'chanrobles virtuallaw libraryred
[4]
The bed was transferred to the sala because the roof atop the bedroom
was
leaking due to rainfall (TSN, Alberto, July 13, 1996, p. 15).
[5]
Folder of Exhibits of Crim. Case No. 3263(13593), Exhibit 'B.'chanrobles virtuallaw libraryred
[6]
Id., Exhibit 'D.'chanrobles virtuallaw libraryred
[7]
Id., Exhibxt 'F.'chanrobles virtuallaw libraryred
[8]
Id., Exhibit 'G.'chanrobles virtuallaw libraryred
[9]
Id., Exhibit 'E.'chanrobles virtuallaw libraryred
[10]
Id., Exhibit '4.'chanrobles virtuallaw libraryred
[11]
Id., Exhibit '3.'chanrobles virtuallaw libraryred
[12]
Folder of Exhibits of Crim. Case No. 3263(13593), Exhibit '5' and '6.'chanrobles virtuallaw libraryred
[13]
Original Records of Crim. Case No. 3263(13593), p. 123.chanrobles virtuallaw libraryred
[14]
Folder of Exhibits of Crim. Case No. 3263(13593),
Exhibit
'D.'chanrobles virtuallaw libraryred
[15]
People vs. Baygar, 318 SCRA 358 (1999).chanrobles virtuallaw libraryred
[16]
People vs. Perez, 270 SCRA 526 (1997).chanrobles virtuallaw libraryred
[17]
Original Records of Crim. Case No. 3263(13593), pp. 117-118.chanrobles virtuallaw libraryred
[18]
People vs. Abalde, 329 SCRA 418 ( 2000).chanrobles virtuallaw libraryred
[19]
FRANCISCO, THE REVISED RULES OF COURT OF THE PHILIPPINES,
1991
ed., Volume VII, Part II, p. 542.
[20]
People vs. Rosario, 246 SCRA 658 (1995).
[21]
People vs. Cula, 329 SCRA 101 (2000).chanrobles virtuallaw libraryred
[22]
People vs. Historillo, 333, SCRA 615 (2000).chanrobles virtuallaw libraryred
[23]
People vs. Tamala, 284 SCRA 436 (1998).chanrobles virtuallaw libraryred
[24]
People vs. Perez, 270 SCRA 181 (1997); People vs.
Arafiles,
325 SCRA 181 (2000).
[25]
People vs. Lampaza, 319 SCRA 112 (1999).
[26]
TSN, March 13, 1996, pp. 11-17, 32-37.chanrobles virtuallaw libraryred
[27]
People vs. De Guzman y San Juan, 343 SCRA 267 (2000).chanrobles virtuallaw libraryred
[28]
People vs. Lor, 361 SCRA 402 (2000).chanrobles virtuallaw libraryred
[29]
People vs. Bernaldez, 294 SCRA 317 (1998).chanrobles virtuallaw libraryred
[30]
336 SCRA 439, 453 (2000).chanrobles virtuallaw libraryred
[31]
People vs. Peñola, 308 SCRA 145 (1999).chanrobles virtuallaw libraryred
[32]
People vs. Tabanggay, 334 SCRA 575 (2000).chanrobles virtuallaw libraryred
[33]
Folder of Exhibits of Crim. Case No. 3263(13593), Exhibit '5.'chanrobles virtuallaw libraryred
[34]
People vs. Lacaba, 318 SCRA 301 (1999).chanrobles virtuallaw libraryred
[35]
People vs. Bayona, 327 SCRA 190 (2000).chanrobles virtuallaw libraryred
[36]
309 SCRA 222 (1999).chanrobles virtuallaw libraryred
[37]
TSN, March 13, 1996, pp. 37-39.chanrobles virtuallaw libraryred
[38]
TSN, March 7, 1996, p. 13.chanrobles virtuallaw libraryred
[39]
Id., at 25-26.chanrobles virtuallaw libraryred
[40]
TSN, December 20, 1996, p. 27.chanrobles virtuallaw libraryred
[41]
TSN, March 7, 1996, pp. 16-17.chanrobles virtuallaw libraryred
[42]
302 SCRA 455 (1999).chanrobles virtuallaw libraryred
[43]
Supra, see note 17.chanrobles virtuallaw libraryred
[44]
People vs. Sta. Ana, 291 SCRA 189 (1998).chanrobles virtuallaw libraryred
[45]
People vs. Lomerio, 326 SCRA 530 (2000); People vs. Thamsey, 361 SCRA
460
(2001).
[46]
TSN, January 22, 1997, pp. 8-9.chanrobles virtuallaw libraryred
[47]
TSN, February 25, 1997, pp. 5-7.chanrobles virtuallaw libraryred
[48]
People vs. Sanchez & People vs. Rada, 308 SCRA
264,
191 (1999).
[49]
Dela Cruz vs. Court of Appeals, et al., 361 SCRA 636 (2001).
[50]
TSN, August 6, 1996, p. 6.chanrobles virtuallaw libraryred
[51]
TSN, August 22, 1996, p. 13.chanrobles virtuallaw libraryred
[52]
People vs. Deleverio, 289 SCRA 547 (1998).chanrobles virtuallaw libraryred
[53]
Folder of Exhibits of Crim. Case No. 3263(13593), Exhibit '5,'chanrobles virtuallaw libraryred
[54]
People vs. Galeno, 359 SCRA 180 (2001).chanrobles virtuallaw libraryred
[55]
People vs. Sancha, 324 SCRA 646 (2000); People vs. De la Costa,
304
SCRA 83 (1999).chanrobles virtuallaw libraryred |