EN BANC
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
G.R.
No.
146458
January 20, 2003
-versus-
CAPT. MARCIAL
LLANTO
Y LEUTERIO,
Accused-Appellant.
chanroblesvirtualawlibrary
D E C I S I O N
PUNO,
J.:
The one battle the accused
Capt. Marcial Llanto lost was fought against himself. He utterly
failed to measure up to the yardstick of an officer and a gentleman
when
he was subdued by the beast in him and he committed lechery upon his
minor
kin.chanrobles virtuallaw libraryred
On February 29, 2000,
an information for rape was filed against the accused Llanto, viz:chanrobles virtuallaw libraryred
"That on or about (the)
twelfth day of November, 1999 at Pasay City and within the jurisdiction
of this Honorable Court, the above-named accused, actuated by lust,
with
use of a knife, through force, violence and intimidation, and by taking
advantage of his moral ascendancy over his twelve (12) year old minor
niece
MARIA CRISTY T. BALISI, did then and there willfully, unlawfully and
feloniously
have carnal knowledge of Ma. Cristy T. Balisi against her will and
consent,
to her damage and prejudice in whatever amounts may be awarded to her
under
provisions of the Civil Code. chanrobles virtuallaw libraryred
CONTRARY TO LAW."[1]
The accused pleaded
not guilty. Trial ensued.cralaw:red
The records show that
Ma. Cristy Balisi was born to Gertrudes Balisi and Raul Balisi on
December
20, 1986. Her parents separated when she was six months old and
from
then on her maternal grandmother took care of her until she was eight
years
old. Her mother lives with her (Cristy’s) uncle in Litex, Quezon
City while her father lives with his common law wife in Calamba,
Laguna.chanrobles virtuallaw libraryred
In 1995, Cristy was
entrusted to the care of the accused and his wife, Felicitas Balisi
Llanto,
the sister of Cristy’s father. The accused is a member of the
Philippine
Air Force. They lived in Clark Airbase, then moved to Mactan
Airbase,
Lapu-Lapu City, Cebu, and in 1999, transferred to a house in Villamor
Airbase
in Pasay City.cralaw:red
On November 12, 1999,
only Cristy and the accused were home. The accused’s wife was
then
in Tuguegarao, Cagayan, while one of their two sons was in Laguna and
the
other was in Cebu. At about 9:00 p.m., while Cristy was studying
downstairs, the accused told her that it was already time to go to
bed.
The accused pulled her to his room upstairs, removed her shirt, bra and
panty. Cristy cried. He tied her hands, mashed her breasts,
kissed her private part, and inserted his two fingers into her vagina,
causing her pain. He inserted his organ into her private
part.
The whole time, she could not fight the accused as he tied her hands
and
held a knife. After satiating his lust, he threatened her not to
tell on him, then untied her hands. That was not the first time
the
accused ravished her. When they lived in Cebu, the accused
violated
her about three times a week when only the two of them were left in the
house. chanrobles virtuallaw libraryred
The next day, November
13, 1999, Cristy told the accused that she would go to school, but
instead
proceeded to her aunt, Dolores Balisi, the sister of the accused’s
wife.
She divulged to Dolores her ordeal in the hands of the accused.
Dolores
brought her to the National Bureau of Investigation (NBI) where Cristy
executed a sworn statement[2]
and filled out a complaint sheet.[3]
Dr. Annabelle Soliman examined her and made a medico-genital report.chanrobles virtuallaw libraryred
Cristy denied the claims
of the accused’s family that they scolded her for repeatedly stealing
money
from them. She also explained that she did not include in her
sworn
statement that the accused tied her hands when he committed the lechery
on her because she was not asked what the accused did first before
consummating
coitus with her.[4]chanrobles virtuallaw libraryred
Dr. Annabelle Soliman,
medico-legal officer of the NBI, testified that she examined Cristy
Balisi
on November 17, 1999 upon her complaint that the accused had been
raping
her since 1996, the last of which was on November 12, 1999.
Cristy
was twelve years old at the time of the examination. The findings
showed that the victim’s hymen was tall, thick, intact, and distensible
or elastic and there was no sign of extra-genital injury. During
the examination on Cristy, a tube 2.5 centimeters in diameter was
inserted
into her hymenal opening without any injury. Her hymenal opening
is wide at 2.5 centimeters in diameter so as to allow complete
penetration
by an average-sized adult Filipino male organ in full erection, about
2.5
centimeters, without producing genital/hymenal injury.[5]
Dr. Soliman opined that it is possible for the hymen to remain intact
even
if it had been penetrated several times as the rupture of the hymen
depends
on the manner of insertion and the opening of the orifice. If the
insertion is gentle, it might not break the hymen. If a woman is
struggling when being raped, the penis might not fully penetrate the
hymen,
thus leaving it intact.[6]chanrobles virtuallaw libraryred
Rosalina Chiong, NBI
agent, corroborated Cristy’s testimony that she filled out a complaint
sheet.[7]
Chiong prepared a request for medico-legal examination[8]
then took the victim’s sworn statement.[9]
She also received a copy of the examination results.[10]
During her testimony, Chiong presented a photocopy of a certification
from
the Office of the Civil Registrar indicating that Cristy was born to
Gertrudes
Tullawan and Raul Balisi on December 20, 1986.[11]chanrobles virtuallaw libraryred
The accused took the
witness stand. He is a captain of the Philippine Air Force
assigned
as officer-in-charge at the Air Force Holding Center of Villamor Air
Base.
Previously, he was assigned at Camp Lapu-Lapu, Laoag, Cebu City.
He is married and has two children, Jessel aged 25 and Jonnel, 24.chanrobles virtuallaw libraryred
He narrated that Cristy
started to live with his family in 1994 when she was eight years
old.
Although she is only his niece, her father being the younger brother of
his wife, he and his wife treated Cristy like a real daughter.
They
cared for her, supported her schooling and provided her food, clothing
and other needs. Cristy loved him and his wife and had been like
a good daughter to them. chanrobles virtuallaw libraryred
When the accused was
assigned at Villamor Air Base in Pasay, Cristy stayed with the
accused’s
wife at Clark Air Base. In 1996, when the accused was transferred
to the Visayas Command, the accused’s family, along with Cristy, moved
to Cebu. The accused stayed in the Bachelor Officers Quarters in
Camp Lapu-Lapu, Cebu while Cristy resided with the accused’s wife at
the
Junior Officers Quarters at Mactan Air Base, Lapu-Lapu, Cebu, an hour’s
drive from where the accused was staying. He rarely went home to
Mactan Air Base because of his hectic schedule. chanrobles virtuallaw libraryred
In June 1999, the accused
was re-assigned to Manila. The accused, his wife Felicitas and
Cristy
transferred to San Pedro, Laguna and stayed with Felicitas’ sister,
Elizabeth
Balisi. From there, they transferred to the Airmen’s Village on
July
16, 1999. chanrobles virtuallaw libraryred
On November 12, 1999,
the alleged date of the rape, the accused was with his elder son,
Jessel,
at Mahada Alpha, Barangay Mayapa, Calamba, Laguna. He left
Villamor
Air Base at 2:00 p.m. and arrived at Mahada Alpha at 5:00 p.m. At
past 5:00 p.m., he met his son Jessel outside the factory of Yukusha,
Philippines
where the latter worked. He informed Jessel that his younger
brother
Jonnel called up to ask about his petition papers for Canada.
After
they talked, Jessel borrowed the accused’s car and had a joy ride with
his co-workers while the accused proceeded to the house Jessel
rented.
The accused talked with Alma Saberola, the daughter of Jessel’s
landlord.
When Jessel arrived at about 7:30 p.m., he told the accused that the
car’s
headlights were not functioning. The accused checked the
headlights
and tried to fix them in vain. So, he decided to spend the night
in Jessel’s place as it was difficult to drive in the dark. He
left
Calamba the following morning at 7:00 a.m. chanrobles virtuallaw libraryred
Cristy repeatedly stole
money from the accused and his wife, but asked for forgiveness.
At
first, the accused forgave her, but the last straw came on November 13,
1999 when he came home from Calamba. He found out that the one
thousand
pesos in the pocket of his pants hanging on the wall was missing.
When Cristy arrived, he confronted her about it. The accused and
his wife severely scolded her and even threatened her with a hammer to
reform her, but she did not say a word and just went out of the
room.
The accused followed her and she returned five hundred pesos as she had
already spent the other five hundred. Later that day, he brought
Cristy to Calamba to tell Jessel that he was fed up with her, then the
two went back home to Villamor Air Base. He decided to stop
financing
her schooling and to return her to her parents. At 8:00 p.m., the
accused went to his office and spent the night there. The
following
day, the accused found out that Cristy ran away from home. He
asked
her whereabouts from her relatives and classmates and learned that
Cristy
did not go to school nor was she with her Aunt Dolores or her
father.
He did not report the matter to the barangay and police authorities,
nor
did he make it known at the Villamor Air Base. He suggests that
she
ran away because of his decision to stop supporting her schooling.chanrobles virtuallaw libraryred
The accused claims that
Cristy filed charges of rape against him upon instigation of her
mother,
Gertrudes Tullawan, and a certain Silverio Escobar to extort his
P500,000.00
retirement benefits. Escobar, an NBI agent who was his wife’s
kababayan,
called him up one time and told him that a complaint was filed against
him, then asked for P500,000.00. The accused did not give Escobar
the money as his conscience was clear. Besides, he did not have
any
money. The following day, the accused received a subpoena.
It was then that he learned that Cristy, accompanied by her mother,
filed
a complaint against him. chanrobles virtuallaw libraryred
It appears that Cristy
filed another complaint for rape against the accused and the case is
pending
at the Regional Trial Court of Cebu.[12]
The son of the accused,
Jessel Llanto, corroborated his father’s testimony that he was with him
on November 12, 1999. His father visited him in Calamba, Laguna
to
ask if the petition papers for Canada had already been sent by his
aunt,
his father’s sister. They met at about 5:30 at the factory where
Jessel worked. They then proceeded to Jessel’s place at about
6:00
p.m. and there talked about the petition papers. Alma Saberola
and
the other children of Jessel’s landlord and some of Jessel’s friends
were
there. After about an hour, Jessel borrowed the accused’s car and
with a friend named Jonathan and another companion, went to a friend’s
place at Palo Alto, Calamba, Laguna. On their way home, they
passed
a very big hump, but they were not able to slow down, causing the front
of the car to jerk and destroy the headlights. When they reached
home, Jessel told his father that the headlights were not
working.
As it was dangerous to drive in the dark, his father decided to spend
the
night there and left the following morning for Villamor Air Base.
Later that day, at around 6:00 p.m., his father returned to Calamba
with
Cristy and told Jessel that he would return Cristy to her parents as he
was fed up with her stealing. Jessel treated Cristy like his
younger
sister and begged his father to give her another chance.[13]chanrobles virtuallaw libraryred
Alma Saberola, Jessel’s
landlady and sister of Jessel’s co-worker, corroborated the accused’s
testimony.
She met the accused when he visited Jessel in her house on November 12,
1999. The accused arrived in her house at about 5:30 p.m. while
Jessel
was out for a joy ride using the accused’s car. When Jessel
brought
the car home, its headlights no longer functioned. The accused
thus
decided to spend the night at Jessel’s place and left at about 7:00
a.m.
the following day.[14]
Felicitas Balisi, wife
of the accused, testified for the defense. She is the older
sister
of Raul, Cristy’s father. She has two children with the
accused.
In 1993, when Cristy was only seven years old, she started living with
her and her family. Felicitas was not particularly delighted with
Cristy as she was hard-headed and not nice. She repeatedly stole
money from them from the time she started living with them. She
and
her husband brought Cristy with them wherever he was assigned, first at
Clark Air Base, then at Mactan Air Base in Cebu City. In June
1999,
Felicitas’ family stayed with her sister, Elizabeth Balisi, in San
Pedro,
Laguna as the accused was assigned at Villamor Air Base in Pasay.
The following month, Cristy no longer lived with Felicitas’
family.
Felicitas rented a house for Cristy and her mother, Gertrudes
Tullawan.
They were later joined by Cristy’s brother, Teodoro, who used to live
with
Felicitas’ sister, Dolores Balisi, as the latter supported his studies.chanrobles virtuallaw libraryred
In November 1999, the
accused confided to her that he had a problem with a certain Silverio
Escobar
who was asking for half a million pesos from him. Escobar was a
neighbor
of the Balisis in Ogak, Norte, Tuguegarao and he used to play with
Felicitas
in the Balisi residence in their childhood days. Escobar also
asked
money from Felicitas in October 1999 when she was in Tuguegarao.
He threatened her that if she did not give the amount, he would kill
her
husband. Escobar represented to her that he was an NBI agent, but
Felicitas learned from the Chief of the Operation Unit of the NBI that
he was not. She saw Escobar talk with Cristy’s mother several
times
from September to November 1999. In the year 2000, he reiterated
his demand for money, but this time in whatever amount she could
afford.
He told Felicitas that the accused raped Cristy. She was shocked
and refused to believe him, and told him that she had no money at that
time. But as he was insistent, she gave him P1,000.00, in
addition
to the P5,000.00 she gave him in October. Felicitas contradicted
herself in another part of her testimony and stated that she learned of
the rape charges filed by Cristy against her husband in 1999, but could
not remember the exact date as her memory was dulled by an operation
for
myoma she underwent.[15]chanrobles virtuallaw libraryred
Dolores Balisi, elder
sister of Cristy’s father, sided with the accused. She refuted
Cristy’s
testimony that right after the accused raped her, Cristy reported to
her
and she accompanied Cristy to the NBI, then the latter stayed with her.
Dolores went to the accused’s house on November 1, 1999 and observed
that
the relationship between Cristy and the accused seemed normal; Cristy
did
not reveal to her anything unusual about their relationship. Even
the accused and his wife spoke highly of Cristy as a very good and
obedient
girl. After Dolores saw Cristy and her mother on the last week of
November 1999, she never saw Cristy again. Cristy’s mother,
Gertrudes
Tullawan, informed her that she was already in the custody of the DSWD.chanrobles virtuallaw libraryred
According to Dolores,
a certain Silverio Escobar often goes to her house and talks to
Tullawan
who lived with Dolores for about a year, from July 1999 to March 25,
2000.
Escobar introduced himself as an NBI agent, but Dolores learned from
her
friends that he was lying. Cristy’s brother also lived with
Dolores
for four years.[16]
The defense also offered
the testimony of Arsenio C. Pascual, surgeon and lawyer, and Dr.
Marilyn
Ricardo, gynecologist, for them to give their expert opinion regarding
the medical certificate Dr. Soliman issued. They were supposed to
testify that although the finding that the hymen is intact is
dispensable
in rape cases in general, it negates the charge of rape in Cristy’s
case
as she claimed to have been raped at least three times. But the
trial
court did not allow the presentation of these two witnesses as
according
to it, this Court has ruled that a medical certificate is not even
necessary
in rape cases. The prosecution likewise pointed out that their
testimonies
were not necessary as the Court has ruled that there could be sexual
intercourse
without laceration of the hymen and they never examined the victim.[17]chanrobles virtuallaw libraryred
The trial court upheld
the version of the prosecution and sentenced the accused to the supreme
penalty of death, viz:
"WHEREFORE, in view
of the foregoing, the Court finds the accused Capt. Marcial Llanto y
Leuterio
guilty beyond reasonable doubt of RAPE and is hereby sentence (sic) to
DEATH and ordered to pay the victim civil indemnity in the amount of
Php
75,000.00 and moral damages in the amount of Php 50,000.00."[18]chanrobles virtuallaw libraryred
Hence, the case is before
us on automatic review. The defense assails the decision on the
ground
that the trial court misappreciated the facts and misapplied the law,
and
gravely abused its discretion in not admitting the testimonies of their
medico-legal experts. chanrobles virtuallaw libraryred
The appeal is partially
meritorious.cralaw:red
The accused avers that
the trial court erred in believing Cristy’s testimony that he raped her
in Cebu thrice a week because the accused stayed at the Bachelor
Officers
Quarters, an hour’s drive away from where the complainant and the
accused’s
family stayed. That she was not raped on November 12, 1999 in
Pasay
City nor thrice a week in Cebu is confirmed by the gynecological
examination
conducted upon her, which showed that her hymen was intact and there
was
no injury to her external genitalia. The trial court gravely
abused
its discretion, according to the defense, when it refused to admit the
testimonies of their medical experts who would have given their expert
opinion that it was improbable for the victim to have been raped three
times a week and her hymen to have remained intact.[19]chanrobles virtuallaw libraryred
That Cristy was allegedly
raped by the accused in many instances other than on November 12, 1999
and her hymen remained intact do not lend support to the cause of the
accused.
In People v. Caballes,[20]
the fourteen year-old victim was raped nine times by her father in a
span
of four months. The first time she was raped, her father poked a
knife at her, similar to the instant case. He had his way with
her
daughter without the latter struggling as she was afraid. She
felt
pain in her organ. In the other eight rape instances, the victim
also acceded to her father’s advances as he threatened her. A
medical
examination upon the victim showed that the victim’s hymen was thick
and
very elastic. It had no lacerations and remained intact.
The
examining physician presented by the prosecution opined that it is
possible
for a woman’s hymen to remain intact even after having been raped if it
is lax, thick and elastic. She testified, viz: chanrobles virtuallaw libraryred
"Q-Is it possible for
a woman to be raped 9 times and still would not sustain any injury or
laceration
in her hymen?
A-As I said depending
on the degree of penetration and the force of the penetration.
And
also depending on the kind of hymen a woman has.cralaw:red
Q-Can you explain a
little more on that?
A-As I said if the
woman has a thick, elastic or lax hymen and just a very slight degree
of
penetration like 1/8, 1/4 fractions proportion, then the hymen may not
break"[21]
The trial court convicted
the accused of all nine counts of rape. On appeal to this Court,
among the accused’s assignment of errors was that the victim’s intact
hymen
was inconsistent with her charges of rape. This Court upheld the
conviction as jurisprudence is replete with rulings that mere entry of
the male organ into the lips of the female organ, without rupture of
the
hymen or laceration of the vagina, is sufficient to warrant conviction.chanrobles virtuallaw libraryred
In People v. Santos,[22]
the accused was charged of raping the helpless eight-year old
complainant.
He assailed the credibility of the victim as according to him it was
impossible
for her to have been raped up to twenty times, but her hymen remained
intact.
The Court found no merit in the accused’s contention, viz:
"We find no merit in
the contention of accused-appellant. Dr. Cenido thoroughly
discussed
these intriguing hymenal qualities, but the accused-appellant would,
understandably
so, pretend to find the whole concept as obscure. He said that,
as
a general rule, a hymen that is intact would negate prior sexual
intercourse
but that the rule was not absolute as penetration can happen with or
without
rupturing the hymen. He confirmed that there were women whose
hymens
remained intact even after giving birth owing to the fact that their
hymens
must be very elastic. chanrobles virtuallaw libraryred
The doctor’s conclusions
do not establish a novice medical nor legal theory. Our
jurisprudence
is replete with cases which would easily lay waste any attempt by
accused-appellant
to dent the credibility of the victim. The fact that there was no
deep penetration of the victim’s vagina and that her hymen was still
intact
does not negate the commission of rape. Rape can be consummated
even
with the slightest penetration. It is enough that there is proof
of entrance of the male organ into the labia or pudendum of the female
organ (footnotes omitted), or a penetration, however slight of
the
external genitalia (footnotes omitted)."[23]
(Emphasis
supplied) chanrobles virtuallaw libraryred
Applying these rulings
to the case at bar, it is possible for the victim’s hymen to remain
intact
despite repeated sexual intercourse. Dr. Soliman testified that
during
the examination on Cristy, a tube 2.5 centimeters in diameter was
inserted
into her hymenal opening without any injury. Her hymenal opening
is wide at 2.5 centimeters in diameter so as to allow complete
penetration
by an average-sized adult Filipino male organ in full erection, about
2.5
centimeters, without producing genital/hymenal injury.[24]
Likewise, whether the accused’s penis fully or only partially
penetrated
the victim’s genitalia, it is still possible that her hymen would
remain
intact because it was thick and distensible or elastic. We stated
in People v. Aguinaldo[25]
that the strength and dilability of the hymen varies from one woman to
another such that it may be so elastic as to stretch without laceration
during intercourse, or on the other hand, may be so resistant that its
surgical removal is necessary before intercourse can ensue[26]
In some cases even, the hymen is still intact even after the woman has
given birth.[27]chanrobles virtuallaw libraryred
In view of Dr. Soliman’s
medical examination and opinion and the foregoing rulings of this Court
that support the finding that a thick and elastic hymen can remain
intact
despite several instances of sexual intercourse, we find that the trial
court was not in error in not admitting the expert testimonies of the
defense
witnesses who did not examine Cristy. chanrobles virtuallaw libraryred
Alternatively, the accused
argues that even assuming he had sexual intercourse with Cristy, it was
not shown that he had his way with her through violence or intimidation.[28]
Quite the contrary, Cristy’s testimony shows that she was
intimidated.
She was afraid and not able to fight and resist the accused’s advances
because he held a knife and tied her hands, viz: chanrobles virtuallaw libraryred
"Q:
What
did you do when he removed your T-shirt, shorts, bra and panty?
A: I just keep
(sic) on crying. I was crying. chanrobles virtuallaw libraryred
Q: Did you
not
fight back when he removed your T-shirt, shorts, bra and panty?
A: No. sir.chanrobles virtuallaw libraryred
Q: Why?
A: Because I
was afraid of him. chanrobles virtuallaw libraryred
Q: Why were
you
afraid of him?
A: I was afraid
because he was holding a knife. chanrobles virtuallaw libraryred
Q: And after
removing
your T-shirt, shorts, bra and panty and you felt afraid because he was
holding a knife, what happened next?
A: He tied my
both hands. chanrobles virtuallaw libraryred
Q: Will you
demonstrate
how the accused tied your both hands? Witness demonstrating by
raising
her two hands and putting them at the back of her head. After the
accused Marcial Llanto tied your hands at your back, what happened?
A: He started
touching me by mashing my breasts. chanrobles virtuallaw libraryred
Q: Besides
mashing
or touching your breast, what else did he do?
A: He kissed
my vagina. chanrobles virtuallaw libraryred
Q: What else
happened?
Witness: He
inserted
his two fingers inside my vagina. chanrobles virtuallaw libraryred
Fiscal
Barrera:
And what did you feel when he inserted his two fingers inside your
vagina?
A: I felt
pain.
It is (sic) painful. chanrobles virtuallaw libraryred
Q: During
the
time he fondle (sic) your breasts and put his two fingers inside your
vagina,
did you fight back?
A: No, sir.chanrobles virtuallaw libraryred
Q: Why?
A: Because my
hands were tied. I could not fight as my two hands were tied and
he was holding a knife and I was afraid. chanrobles virtuallaw libraryred
Q: After he
mashed
your breast and inserted his two fingers inside your vagina while your
two hands were tied, what happened next?
A: He inserted
his penis inside my vagina. chanrobles virtuallaw libraryred
Q: What did
you
feel when he inserted his penis inside your vagina?
A: I felt pain.chanrobles virtuallaw libraryred
Q: What
happened
after
he inserted his penis inside your vagina?
A: He
threatened
me not to tell anyone about what happened. chanrobles virtuallaw libraryred
Q: What
happened
next after he threatened you?
A: He untied
me. He removed the tie on my hands.[29]chanrobles virtuallaw libraryred
Cristy’s affidavit
also shows that she was threatened with a knife every time the accused
raped her, so she did not fight the accused, viz:
"6.
T: Ano ang ginawa ng Tito MARCIAL mo at inirereklamo mo siya
ngayon?
S: Ni-rape po
niya ako. chanrobles virtuallaw libraryred
7.
T: Kailan ka ni-rape ng Tito MARCIAL mo?
S: December 1,
1996. chanrobles virtuallaw libraryred
8.
T: Ilang beses kang ni-rape ng Tito MARCIAL mo?
S:
Maraming
beses na po. chanrobles virtuallaw libraryred
T:
Natatandaan
mo pa ba ang mga petsa?
S: Hindi po.chanrobles virtuallaw libraryred
T: Kailan
yung
huling insidente?
S: November 12,
1999. chanrobles virtuallaw libraryred
x x
x
x x
x
x x x
18. T:
Papaano
ka nire-rape ng Tito MARCIAL mo?
S: Pinapahiga ako sa
kama. Hinuhubaran ako, pinapatungan ako tapos ay ipinapasok niya
yung ari niya sa ari ko. chanrobles virtuallaw libraryred
19. T:
Bakit
hindi ka humihingi ng tulong tuwing nire-rape ka ng Tito MARCIAL mo?
S: Natatakot
po ako dahil palagi siyang may hawak ng (sic) kutsilyo na may tela sa
tuwing
nire-rape niya ako. chanrobles virtuallaw libraryred
20. T:
Para
saan yung tela?
S: Iyon po ang
ipinanghahawak niya sa kutsilyo."[30]chanrobles virtuallaw libraryred
Physical resistance
need not be proved in rape when intimidation is exercised upon the
victim
and the latter submits herself, against her will, to the rapist’s
advances
because of fear for her life and personal safety.[31]
It suffices that the intimidation produces fear in the mind of the
victim
that if she did not submit to the bestial demands of the accused,
something
far worse would befall her at the time she was being molested. As
held by the Court, "(i)f resistance would nevertheless be futile
because
of intimidation, then offering none at all does not mean consent to the
assault so as to make the victim’s submission to the sexual act
voluntary."[32]
We have ruled in several rape cases that threatening the victim with
bodily
injury while holding a knife or a bolo constitutes intimidation
sufficient
to bring a woman to submission to the lustful desires of the molester.[33]
The accused stresses
that rape is hard to prove, but harder for him to disprove, though
innocent.
Especially when the allegation of rape is based solely on the testimony
of the complaining witness, the latter’s story should be carefully
examined
and the accused should not be convicted unless the testimony is
impeccable.
In assessing Cristy’s credibility, the accused implores the Court to
consider
her bad character, shown by her frequently going out with male
companions
and coming home late[34]
and her penchant for lying such as her alleged report of the rape to
Dolores
Balisi which the latter denied. Likewise, the accused faults the
trial court for discarding Dolores’ testimony because blood is thicker
than water, so Dolores was expected to side with the accused.
Following
this reasoning of the trial court, the accused argues that there was
more
reason for Dolores to come to Cristy’s aid because she is a relative by
blood, being the daughter of Dolores’ brother, while the accused is
only
a relative by affinity.[35]
The accused suggests that Cristy merely fabricated the rape charges to
extort his P500,000.00 retirement benefits and to retaliate against him
because he scolded her for stealing money from him and his wife,
neglecting
her duties at home, and frequently watching television and gossiping
with
their neighbors. It was simply inconceivable for the accused to
rape
Cristy whom he treated like a family member. chanrobles virtuallaw libraryred
The accused cannot fault
the trial court for relying on Cristy’s sole eyewitness account in
convicting
him. This Court has long held that the testimony of a sole
eyewitness
is sufficient to support a conviction so long as it is clear,
straightforward
and worthy of credence by the trial court.[36]
Neither does the self-serving evidence of the accused convince us that
Cristy was merely instigated by her mother to file the rape complaint
to
extort his P500,000.00 retirement benefits. Nor does the
imputation
of Cristy’s bad character affect her credibility as the victim’s
character
is immaterial in a rape case.[37]
Likewise, the testimonies of the defense witnesses on her alleged
stealing
are inconsistent and not worthy of credence. The accused
testified
that Cristy repeatedly stole money from him and his wife, but at the
same
time said that she was like a good daughter to them. His wife
Felicitas,
on the other hand, testified that Cristy was hard-headed and not nice
and
repeatedly stole money from her and her husband since she started
living
with them in 1993. Felicitas’ sister, Dolores, stated that the
accused
and Felicitas spoke highly of Cristy as a good and obedient girl.
Considering these inconsistent testimonies, we are not convinced with
the
accused’s allegation that Cristy filed the rape charges in retaliation
to his scolding her for stealing money and deciding to stop financing
her
schooling. chanrobles virtuallaw libraryred
On the contrary, we
have consistently taken judicial notice of the fact that no woman,
especially
one so young like Cristy, would concoct a tale of defloration, allow
the
examination of her private parts, and undergo the expense, trouble,
inconvenience
and trauma of a public trial if she were not motivated by the desire to
have the culprit apprehended and punished.[38]
Cristy’s testimony deserves credence over the testimonies of the
accused
and the trial court correctly held, viz:chanrobles virtuallaw libraryred
"In this particular
case, the minor complainant has been under the care of the accused
Marcial
Llanto and Felicitas Balisi Llanto for a period of four years providing
for her sustenance, support and education and it would be unbelievable
that a child of such tender age, not exposed to the ways of the world
would
impute a crime so serious as rape to the person who took care of her,
supported
her and sent her to school if it is not true and she is motivated by
the
desire to have the accused apprehended and punished to vindicate her
honor."[39]chanrobles virtuallaw libraryred
Anent the accused’s
alibi, suffice it to say that the defense of alibi is inherently weak
and
easily fabricated.[40]
This cannot prevail over Cristy’s positive identification, unless
buttressed
by strong evidence of non-culpability.[41]chanrobles virtuallaw libraryred
The trial court erred,
however, when it meted out to the accused the supreme penalty of death
under Article 266-B of the Revised Penal Code which provides that the
death
penalty shall be imposed 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."[42]
The information reads, viz: chanrobles virtuallaw libraryred
"That on or about (the)
twelfth day of November, 1999 at Pasay City and within the jurisdiction
of this Honorable Court, the above-named accused, actuated by lust,
with
use of a knife, through force, violence and intimidation, and by taking
advantage of his moral ascendancy over his twelve (12) year old minor
niece
MARIA CRISTY T. BALISI, did then and there willfully, unlawfully and
feloniously
have carnal knowledge of Ma. Cristy T. Balisi against her will and
consent,
to her damage and prejudice in whatever amounts may be awarded to her
under
provisions of the Civil Code."[43]chanrobles virtuallaw libraryred
The Revised Rules of
Criminal Procedure, which took effect on December 1, 2000, require both
qualifying and aggravating circumstances to be alleged in the
information,
viz:
SEC. 8. Designation
of the offense. - The complaint or information shall state the
designation
of the offense given by the statute, aver the acts or omissions
constituting
the offense, and specify its qualifying and aggravating
circumstances.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
While the rape in the
case at bar was committed on November 12, 1999, we shall give
retroactive
application to Secs. 8 and 9, supra, as they are favorable to the
accused.cralaw:red
In a catena of cases,
we have ruled that the allegation that the accused is the "uncle" of
the
victim and the latter is his "niece" is not specific enough to satisfy
the special qualifying circumstance of relationship under Art. 266-B,
supra.
In People v. Lachica,[44]
we held: chanrobles virtuallaw libraryred
"If the offender is
merely a relation - not a parent, ascendant, step-parent, or guardian
or
common law spouse of the mother of the victim - it must be alleged in
the
Information that he is ‘a relative by consanguinity or affinity (as the
case may be) within the third civil degree.’" (People v. Libo-on, GR
No.
136737, May 23, 2001, per Gonzaga-Reyes, J.; People v. Banihit, 339
SCRA
86, 96, August 25, 2000, per Ynares-Santiago, J. - both citing People
v.
Ferolino, 329 SCRA 719, 735, April 5, 2000, per Davide, CJ.)
Moreover,
even if the relationship by consanguinity or affinity is alleged in the
Information, it is still necessary to allege further that such
relationship
is within the third civil degree"[45]
Consequently, because
of the defect in the information, the accused can only be held liable
for
simple rape. chanrobles virtuallaw libraryred
At any rate, the prosecution
was not able to prove beyond reasonable doubt the kinship between the
accused
and the victim. We ruled in People v. Capili,[46]
viz:
"In People v. Liban
(345 SCRA 453 [2000]), where the age of the victim was at issue, the
Court
ruled that the testimony of the victim was insufficient to establish
her
minority, but that, further thereto, the prosecution should present
corroborative
evidence. In the instant case, the bare statement in passing of
Melissa
that appellant "is an uncle," without any corroborating testimonial or
documentary evidence to clearly establish that relationship, would be
insufficient
to pass the test set in Liban."[47]chanrobles virtuallaw libraryred
In the case at bar,
the prosecution failed to corroborate Cristy’s testimony that the
accused
is her uncle, being the husband of her father’s sister. The
accused
himself admitted that his wife, Felicitas, is the sister of Cristy’s
father,
Raul. Felicitas and her sister, Dolores, confirmed the accused’s
testimony. However, we cannot consider their testimonies
corroborative
of Cristy’s testimony. Well-settled is the doctrine that the
prosecution
bears the burden of proving all the elements of a crime, including the
qualifying circumstances, thus the testimonies of the defense witnesses
cannot be used to benefit the prosecution, to the disadvantage of the
accused.[48]chanrobles virtuallaw libraryred
IN VIEW OF THE FOREGOING,
we AFFIRM the decision of the trial court with the MODIFICATION that
the
accused-appellant is found guilty of the crime of simple rape and
sentenced
to suffer the penalty of imprisonment of reclusion perpetua with all
its
accessory penalties and to pay the victim P50,000.00 as civil indemnity
and P50,000.00 as moral damages. Costs against the
accused-appellant.chanrobles virtuallaw libraryred
SO ORDERED. chanrobles virtuallaw libraryred
Davide, Jr., C.J.,
Bellosillo, Vitug, Mendoza, Panganiban, Quisumbing, Ynares-Santiago,
Sandoval-Gutierrez,
Carpio, Austria-Martinez, Corona, Carpio Morales, Callejo, Sr. and
Azcuna,
JJ.,
concur. chan
robles virtual law library
____________________________
Endnotes:
[1]
Original Records, p. 2.chanrobles virtuallaw libraryred
[2]
Exhibit B; Original Records, pp. 96-98.
[3]
Exhibit A; Id., p. 95.chanrobles virtuallaw libraryred
[4]
TSN, Cristy Balisi, April 11, 2000, pp. 3-22.
[5]
Exhibit C; Exhibit E, Original Records, pp. 99-100.chanrobles virtuallaw libraryred
[6]
TSN, Dr. Annabelle Soliman, April 13, 2000, pp. 2-13.
[7]
Exhibit A; Original Records, p. 95.
[8]
Exhibit G; Original Records, p. 101.
[9]
Exhibit B; Original Records, pp. 96-98.
[10]
Exhibit C; Original Records, p. 99; TSN, Rosalina Chiong, April 13,
2000,
pp. 16-19.
[11]
Exhibit I; Original Records, p. 102.
[12]
TSN, Capt. Marcial Llanto, June 15, 2000, pp. 3-20; Affidavit of Capt.
Marcial Llanto, Jr.; Exhibit 1; Original Records, pp. 174-176.
[13]
TSN, Jessel Llanto, June 20, 2000, pp. 2-9; Affidavit of Jessel Llanto;
Exhibit 3; Original Records, pp. 177-179.
[14]
TSN, Alma Gonzales Saberola, June 19, 2000, pp. 2-6.
[15]
TSN, Felicitas Balisi, June 23, 2000, pp. 7-21; Exhibit 8; Original
Records,
pp. 195-198.
[16]
TSN, Dolores Balisi, June 22, 2000, pp. 2-23; Affidavit of Dolores
Balisi;
Exhibit 5; Original Records, pp. 182-184.chanrobles virtuallaw libraryred
[17]
TSN, June 23, 2000, pp. 2-5.
[18]
Original Records, p. 301.chanrobles virtuallaw libraryred
[19]
Rollo, pp. 52-53.
[20]
199 SCRA 152 (1991).
[21]
People v. Caballes, supra, pp. 165-166.
[22]
343 SCRA 503 (2000).
[23]
Id., pp. 507-508.
[24]
Exhibit C; Exhibit E, Original Records, pp. 99-100.
[25]
316 SCRA 819 (1999).chanrobles virtuallaw libraryred
[26]
Id., p. 833, citing 1 TEDESCHI ECKERT TEDECHI, FORENSIC MEDICINE,
A STUDY IN TRAUMA AND ENVIRONMENTAL HAZARDS 245 (1977 ed.).
[27]
People v. Almaden, 305 SCRA 157 (1999).chanrobles virtuallaw libraryred
[28]
Rollo, pp. 51-52.
[29]
TSN, Cristy Balisi, April 11, 2000, pp. 9-10.
[30]
Exhibit B; Original Records, pp. 96-97.
[31]
People v. Prades, 293 SCRA 411 (1998), citing People v. Rabosa, 273
SCRA
142 (1997); People v. Quiamco, et al., 268 SCRA 516 (1997); People v.
Salazar,
258 SCRA 55 (1996).
[32]
People v. Agbayani, 284 SCRA 315 (1998), citing People v. Grefiel, 215
SCRA 596, 608, 630 (1992); People v. Matrimonio, 215 SCRA 613, 630
(1992);
People v. Pamor, 237 SCRA 462, 472 (1994).
[33]
People v. Reynaldo, 291 SCRA 701 (1998), citing People v. Roll, 200
Phil.
665 (1982); People v. Espinoza, 317 Phil. 79 (1995), citing People v.
Adlawan,
Jr., 217 SCRA 489 (1993). See also People v. Ulzoron, 286 SCRA
741
(1998), citing People v. Bantisil, 249 SCRA 367, 377 (1995).
[34]
Rollo, pp. 50-51.
[35]
Ibid.
[36]
People v. Quillosa, 325 SCRA 747 (2000), citing People v. Lotoc, 307
SCRA
471 (1999); People v. Platilla, 304 SCRA 339 (1999).
[37]
People v. Quezada, G.R. Nos. 135557-58, January 30, 2002.
[38]
People v. Gonzales, G.R. No. 140676, July 31, 2002.
[39]
Decision, p. 11; Original Records, p. 3000.
[40]
People v. Dionision, G.R. No. 137676, September 27, 2001, citing People
v. Andales, 312 SCRA 738 (1999) and People v. Enoja, 321 SCRA 7 (1999).
[41]
People v. Arlee, 323 SCRA 201 (2000).
[42]
Previously Art. 335 of the Revised Penal Code as amended by Rep. Act.
7659
which is cited by the trial court; Decision, pp. 32-33.
[43]
Original Records, p. 2.
[44]
G.R. No. 143677, May 9, 2002.
[45]
People v. Lachica, supra; See also People v. Velasquez, G.R. Nos.
142561-62,
February 15, 2002, citing People v. Libo-on, G.R. No. 136737, May 23,
2001.
[46]
G.R. No. 142747, March 12, 2002.
[47]
People v. Capili, supra, p. 10.
[48]
See People v. Tabanggay, 334 SCRA 575 (2000); People v. Asuncion, G.R.
No. 136779, September 7, 2001.chanrobles virtuallaw libraryred |