FIRST DIVISION
THE PEOPLE OF THE
PHILIPPINES,
Appellee,
G.R.
No.
145338
June 9, 2003
-versus-
ZALDY LABIANO Y
PAGTAN,
Appellant.
D E C
I S I O N
VITUG,
J.:chanroblesvirtuallawlibrary
Appellant Zaldy Labiano
was charged with rape under an accusatory Information that read:
"The
undersigned
3rd Asst. City Prosecutor hereby accuses ZALDY LABIANO Y PAGTAN, of the
crime of RAPE, at the instance, relation and the written sworn
complaint
of SOLEDAD DILEM Y CAGUITE. Copies of her statement are hereto
attached,
incorporated and made an integral part of this Information, committed
as
follows:
"That on or about
the
18th day of December, 1994 in the City of Baguio, Philippines, and
within
the jurisdiction of this Honorable Court, the above-named accused, did
then and there willfully, unlawfully and feloniously and by means of
force
and intimidation, have carnal knowledge of the said complainant,
SOLEDAD
DILEM Y CAGUITE, against her will and consent."[1]chanrobles virtual law library
At his arraignment,
Zaldy
Labiano entered a plea of "not guilty." The trial ensued with the
prosecution first presenting its case and the defense following shortly
thereafter.
On the witness stand,
21-year old Soledad Dilem-Pacada narrated that, on the early morning of
18 December 1994, she was in a rented room in the house of a certain
Mrs.
Aydoc at Sanitary Camp, Baguio City. She was all alone as the two
other occupants of the house were not yet home. The light cast by
the incandescent full moon that shone through the glass-windows
illuminated
the small room. She was awakened, about two o’clock, from sleep
when
the plastic curtain rustled on her window. She saw a man who
immediately
held her hands. She asked, "mama, sino ka ba? bakit ka
nandito?"
He told her "sorry ka na lang," and he poked a knife at her neck.
Soon, the stranger removed her shorts and sleeveless top with his right
hand while his left hand held on to the knife. She tried to push
him away but he threatened her with death if she were to resist
him.
She was so frightened that she did not move. With his feet, he
completely
pulled down her shorts and panties below her knees. He then
unbuttoned
his pants and pushed it down with his right hand. Lying fearfully
silent on the bed, Soledad could only watch as the stranger inserted
his
penis into her. She tried to move her buttocks to avoid the
thrusts
but he simply pounded his weight on her. The man stayed on her
for
about ten minutes while she looked at his face intently. She
recognized
him to be Zaldy Labiano, a resident of Sanitary Camp. When he
ejaculated,
he retrieved his pants and told her not to report what had just
transpired
to anybody or he would come back and kill her. She asked for his
name, and he said, "Ricardo." When he had left, she cried and
thought
that she would be unable to face her parents, relatives, friends and
her
boyfriend.cralaw:red
Later, about six o’clock
of the same day, she went to her friend Flordeliza Tigwa and told her
what
had happened just a few hours before. Flordeliza advised her to
report
the incident to the Barangay Captain who then accompanied them to the
police
station. Soledad was later brought to the Baguio General Hospital
for medical examination. Dr. Susan Chungalao who performed the
examination
testified that she found an old healed laceration at the hymen but
sperm
cells were present in Soledad’s vagina which could indicate that she
had
a recent sexual contact.chanrobles virtual law library
Zaldy Labiano denied
the accusation. He claimed that he was at home taking care of his
children during the time the alleged rape took place. According
to
him, he only learned that he was being accused of rape in the afternoon
of 18 December 1994. With his father, he went to the police
station
only to inquire about the reported complaint filed by Soledad but, to
his
dismay, a certain SPO4 Romulo Danglose forced him to admit his
complicity
to the crime.cralaw:red
Barangay Captain Esteban
Rifani testified that Soledad came to see him on 17 December 1994, not
on 18 December 1994, to report the rape incident. Soledad could
not,
at the time, identify her assailant, and he thus merely entered the
complaint
in the Barangay Logbook. Rosario Colantes, a boarder
at Mrs. Aydoc’s house, stated that on 17 December 1994 Soledad had
asked
whether she knew anyone by the name of "Ricardo." Mrs. Aydoc
informed
her that Soledad was raped. Corazon Manuel Gumnad, the live-in
partner
of Labiano, declared that the latter was with her, and that he never
left
their house on 17 December 1994.cralaw:red
When the trial concluded,
the court a quo convicted Zaldy Labiano of the crime for which he was
indicted.
The trial court held that Soledad’s positive identification of her
defiler,
with whom she had come face to face, deserved credence. It also
opined
that the sperm cells found in Soledad’s vagina bolstered her claim of
sexual
abuse. The dispositive portions of the Decision read:
"WHEREFORE,
in view of all the foregoing, judgment is hereby rendered convicting
the
accused Zaldy Labiano of the crime of rape as charged and hereby
sentences
him after taking into consideration Art. 63 of the Revised Penal Code
to
suffer the penalty of reclusion perpetua.chanrobles virtual law library
"With respect to
the
civil aspect, the accused is hereby ordered to indemnify private
complainant
Soledad [Dilem] in the amount of P75,000.00 and further to pay said
private
complainant the amount of P50,000.00 as moral damages."[2]
The convicted accused,
now appellant, seeks the reversal of his conviction. He raises
two
simple issues: (a) whether or not he is guilty of the crime charged,
and
(b) whether or not he is liable for damages.[3]
Appellant argues that the trial court has erred in appreciating the
testimony
of Soledad.
As has so often been
stated by this Court, the issue of credibility is a matter best
addressed
by the trial court which gets a good chance, unlike that of an
appellate
court, to observe the demeanor of the declarant at the witness stand,
and
that, in the absence of any fact or circumstance of substance that has
apparently been overlooked, its findings on the reliability of the
testimony
given before it are not thus disturbed on appeal.[4]
The records in this case yield no evident trace that any such
significant
fact or circumstance has been missed out. Soledad has testified
thusly:
"Q Now,
you stated that you noticed while you were sleeping that your plastic
curtain
beside your bed was moving?
"A
Yes, sir.cralaw:red
"Q When
you saw that the plastic curtain beside your bed was moving, what did
you
do?
"A
I looked around, sir.cralaw:red
"Q By the
way, was your room lighted at that time?
"A
There [was] no light then but there [was] a light coming from outside,
sir.cralaw:red
"Q There
was a light coming from outside?
"A
Yes, sir, caused by the full moon because it was a full moon at that
time.chanrobles virtual law library
"Q You said
that you looked around, what did you see?
"A
I saw a man, sir.cralaw:red
"Q And when
you saw a man, could you tell the Honorable Court what did you do?
"A
I tried to [get up] but the man immediately [held] my both hands, sir.cralaw:red
"Q So you
are telling the Honorable Court that when you saw the man, you were
still
lying on your bed?
"A
Yes, sir.cralaw:red
"Q And you
said that a man, you said that the man held your hands?
"A
Yes, sir.cralaw:red
"Q In what
hands did he hold [you]?
"A
Both hands, sir.cralaw:red
"Q When
this man held your both hands and you said that you were still lying on
your bed, what did you do?
"A
I shouted, sir.cralaw:red
"Q And for
the record, would you mind telling this Honorable Court what you
shouted?
"A
`Mama, sino ka, bakit ka nandito?’
"Q How many
times did you shout `mama, sino ka, bakit ka nandito?’
"A
About 5 times, sir.cralaw:red
"Q And when
you shouted `mama, sino ka, bakit ka nandito’ for about 5 times, what
transpired
next if you can still recall?chanrobles virtual law library
"A
The man poked a knife at my neck and told me.cralaw:red
"Q And when
the man poked a knife at your neck what did he say? If you can
still
recall?
"A
He said `sorry ka na lang.’
"Q Sorry
ka na lang. When the man said `sorry ka na lang,’ what did you
tell
him?
"A
I repeatedly shouted, sir.cralaw:red
"Q What
did you shout when you repeatedly shouted?
"A
I repeated the first, sir, `Mama, sino ka, bakit ka nandito?’
"Q And despite
the fact that you shouted `mama, sino ka, bakit ka nandito’ and the
knife
was poked at your neck, what did you do or what did this man do if you
recall?
"A
He started removing my short pants and panty, sir.cralaw:red
"Q Now I
would like to ask you. He started removing your short pants and
your?
"A
Panty, sir.cralaw:red
"Q Panty.
Now I would like to ask you that you said that this man held your hand,
poked a knife at your neck, and could you describe how the man held
your
hands?
"A
He put my hands like this, sir. (INTERPRETER: Witness
demonstrating
by stretching her hands over her head, Your Honor).cralaw:red
"Q Where
is that man in relation to you at that time?chanrobles virtual law library
"A
He was on top of me, sir.cralaw:red
"Q On top
of you holding your hands?
"A
Yes, sir.cralaw:red
"Q And would
you mind telling this Court where was the knife poked at your neck?
"A
This one, sir. (Witness pointing to her right portion of the
neck,
Your Honor)."[5]
"Q And after
the man poked the knife at your neck, you said, sorry ka na lang, do
you
recall having stated that?
"A
Yes, sir.chanrobles virtual law library
"Q Now,
when this man poked the knife at your neck, did you say something to
him?
"A
None, sir.cralaw:red
"Q Could
you tell us the reason why you did not say something to him?
"A
I was already afraid, sir.cralaw:red
"Q Why were
you afraid?
"A
Because the knife was poked at my right side of my neck.cralaw:red
"Q While
the man poked the knife at your neck, what happened next?
"A
I did not talk, sir.cralaw:red
"Q When
you did not talk, what happened next?
"A
He started removing my short pants and panty, sir.cralaw:red
"Q He started
removing your short pants and your panty?
"A
Yes, sir.cralaw:red
"Q Would
you mind telling this Honorable Court what were you wearing at that
time
you went to sleep on December 18, 1994 in the evening?
"A
I [was] wearing garterized short pants and sleeveless dress, sir.chanrobles virtual law library
"ATTY. VILLANUEVA:
May we know from the
victim if she wanted to exclude the public or not.cralaw:red
"PROS. BANTA:
Your Honor please, considering
[what] the witness will be testifying on, may we pray for the exclusion
of the public.cralaw:red
"COURT:
All right, exclude the
public, only the accused will remain.cralaw:red
"ATTY. VILLANUEVA:
May we just request
to put on record that the witness now is crying.cralaw:red
"COURT:
Proceed.chanrobles virtual law library
"ATTY. VILLANUEVA:
You said that he started
removing your shorts and your panty, would you tell this Honorable
Court
how did he start removing your shorts?
"A
His left hand holding the knife pointed at my neck and he used his
right
hand pulling down my short pants.cralaw:red
"Q How do
you know that he was pointing the knife at your neck at that time that
he was removing your shorts and your panty?
"A
Because before he pointed the knife at my neck I have seen the knife
because
it was bright during that night, sir.cralaw:red
"Q After
he pulled down your shorts and your panty, what happened next?
"A
He was able to pull down my short pants and panty below my knees and
used
his feet in completely removing my short pants and panty.cralaw:red
"Q You said
that he was able to pull down your panty and shorts and using his feet
in completely pulling down your shorts and panty, could you demonstrate
to this Honorable Court how he was able to pull down your shorts and
panty?
"A
Yes, sir.cralaw:red
"Q Could
you stand up and show? Now, assuming Madam witness that this was
the bed, will you go and lie down and show us how he was able to pull
down
your shorts and your panty? (At this juncture, the witness
step[ped]
down from the witness stand and lying down and the complainant lying
down
on her back).cralaw:red
"ATTY. VILLANUEVA:
"Q In that
position Madam witness, could you tell us where was the accused at that
time in relation to you while you were lying down?
"A
He [was] on top of me, sir.chanrobles virtual law library
"Q Now how
was he able to pull down your shorts and your panty?
"A
While his left hand holding the knife at my neck he used his right hand
in pulling down my shorts and panty at my left side.cralaw:red
"Q And was
he able to pull down your shorts and panty at that time?
"A
No, sir, until below my knees.cralaw:red
"Q When
your shorts and panty was x x x below your knee, what did the accused
do
next?
"A
He used his feet in completely removing my panty, sir.cralaw:red
"ATTY. VILLANUEVA:
Alright, Madam witness
would you mind going back to the witness stand.cralaw:red
"Q While
he was removing or pulling down your shorts and panty, what did you do
if you can recall?
"A
My left hand pushing him and my right hand was holding my short pants
at
my right side.cralaw:red
"Q And while
you were pushing him and your right hand was pulling up your panty, and
shorts, what did this man do?
"A
He warned to kill me if I [were to] resist.cralaw:red
"Q What
exact words did he tell you?
"A
He said, vulva of your mother, I will stab you if you will resist and I
will kill you if you will not stop.chanrobles virtual law library
"Q Now,
when he said that and he said that he threatened x x x to kill you, how
did you feel?
"A
I became more nervous and afraid, sir.cralaw:red
"Q Why [did]
you [become] nervous and afraid?
"A
Because he might stab me at my neck, sir.cralaw:red
"Q When
he said that and he threatened you, what happened?
"A
He unbuttoned and pulled down his pants using his right hand, sir.cralaw:red
"Q He unbuttoned
his pants?
"A
Yes, sir.cralaw:red
"Q Using
his right hand?
"A
Yes, sir.cralaw:red
"Q While
he was pulling down his pants, what did you do?
"A
I [could not] do anything, sir.chanrobles virtual law library
"Q Could
you tell us the reason why you [could not] do anything?
"A
Because I [was] so nervous and he did not remove the knife at my neck,
sir.cralaw:red
"Q Now,
was he able to unbutton his pants and [pull] down his pants?
"A
Yes, sir.cralaw:red
"Q And because
you were trembling and because you became nervous because of the knife
that was pointed at your neck, what did you do next?
"A
He started inserting his penis in my vagina.cralaw:red
"Q When
he was starting to insert his penis to your vagina, what did you do?
"A
I forced myself to move my buttocks so that his penis [would] not enter
in my vagina, sir.cralaw:red
"Q You started
moving you buttocks, what do you mean by that?
"A
I [was] moving my buttocks sideways, sir.cralaw:red
"ATTY. VILLANUEVA:chanrobles virtual law library
"Q Could
you tell us the reason why you [were] moving your buttocks sideways?
"A
So that he [would] not enter his penis into my vagina, sir.cralaw:red
"Q For how
long did you keep or moving your buttocks sideways?
"A
Around 15 to 20 seconds, sir.cralaw:red
"Q While
you were moving your buttocks sideways around 15 to 20 seconds, what
happened
thereafter?
"A
Because he was on top of me and he [was] very heavy and the knife was
still
at my neck so he was able to insert his penis into my vagina, sir.cralaw:red
"Q Now,
when he was able to enter his penis into your vagina, could you tell us
what did you feel at that time?
"A
I felt pain.cralaw:red
"Q Could
you tell us the reason why you felt pain?
"A
Because his penis [was] big.cralaw:red
"Q After
he had inserted his penis into your vagina and you felt pain because
his
penis was big, what did this man do next?
"A
He started moving up and downwards, agkinod kinod idiay rabaw ko.chanrobles virtual law library
"ATTY. VILLANUEVA:
"Q You said
agkinod kinod idiay rabaw mo, for how long he made that pumping?
"A
More or less ten minutes, sir.cralaw:red
"Q While
he was pumping because his penis was inserted into your vagina, what
did
you do?
"A
Because I was already helpless and tired and I felt that I [was] weak
already,
I did not do anything, sir.cralaw:red
"Q While
he was pumping on you because his penis was inserted into your vagina,
and you said that you [were] already tired and helpless, what did you
do?
"A
I focused my eyes on his face, sir.cralaw:red
"Q Could
you tell us the reason why you focused your eyes into his face?
"A
To identify and recognize him clearly, sir.chanrobles virtual law library
"Q Now you
said he pumped, agkinod, and that was more or less ten minutes, after
ten
minutes what happened?
"A
He x
x
x already ejaculated.cralaw:red
"Q After
he ejaculated, could you tell us what did you feel?
"A
I felt something warm inside my vagina."[6]
The testimony given
was sufficiently straightforward. Nothing was shown to indicate
that
Soledad harbored any ill-motive that would have prompted and urged her
to falsely accuse appellant.[7]
It would indeed be unthinkable for the young woman to charge a man she
barely knew with so grave a crime as rape and to then unnecessarily
open
herself to public scrutiny if she was not really subjected to the
sexual
indignity complained of.cralaw:red
The defense of alibi
is unavailing to disprove the occurrence of the crime. For this
asseveration
to prosper, it is not enough to establish that the person charged has
been
at some other place during the commission of the crime but that it
would
have also been impossible for him to at all be at the locus criminis at
the time.[8]
It remains undisputed that appellant and Soledad have then been both
staying
at the Sanitary Camp. Alibi, verily a weak defense, would almost
invariably be likewise ignored in the face of a positive identification
made by an eyewitness.chanrobles virtual law library
Under Article 335 of
the Revised Penal Code, as so amended by Section 11 of Republic Act No.
7659,[9]
rape is committed by having carnal knowledge of a woman by, among other
circumstances, using force and intimidation.[10]
The records bear the fact that appellant has used a knife to cow
Soledad
into submission to his beastly desires and to force her to undergo the
sexual ordeal. When the crime is committed with the use of a
deadly
weapon, the penalty prescribed is reclusion perpetua to death.[11]
Since neither mitigating
nor aggravating circumstance is shown to have attended the commission
of
the crime, the penalty that can here be imposed is reclusion perpetua.[12]
With respect to the award of damages, the prevailing jurisprudence
sanctions
a civil indemnity of P50,000.00 in addition to moral damages for a like
amount.[13]
WHEREFORE, the assailed
decision of the trial court is AFFIRMED with modification only with
respect
to the amount of civil indemnity which is reduced from P75,000.00 to
P50,000.00.
Costs against appellant.cralaw:red
SO ORDERED.cralaw:red
Davide, Jr., C.J., (Chairman),
Ynares-Santiago, Carpio, and Azcuna, JJ.,
concur.
____________________________
Endnotes:
[1]
Rollo, p. 7.
[2]
Rollo, p. 81.
[3]
Rollo, p. 62.chanrobles virtual law library
[4]
People vs. Ricafranca, G.R. No. 124384-86, 28 January 2000 (323 SCRA
652).
[5]
TSN, 16 November 1998, pp. 14-17.chanrobles virtual law library
[6]
TSN, 18 November 1998, pp. 2-11.chanrobles virtual law library
[7]
People vs. Llamo, G.R. No. 132138, 28 January 2000 (323 SCRA 791).
[8]
People vs. Suitos, G.R. No. 125280, 31 March 2000 (329 SCRA 440)
[9]
The law in effect at the time the crime was committed.chanrobles virtual law library
[10]
Article 335(1).chanrobles virtual law library
[11]
Article 335 of the Revised Penal Code, as amended.
[12]
Article 63, Revised Penal Code.chanrobles virtual law library
[13]
People vs. Gonzales, G.R. No. 140676, 31 July 2002. |