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FIRST DIVISION

G.R. No. 73996 August 28, 1989

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DANILO TAGLE, alias "Danny Tagle," accused-appellant.

CRUZ, J.:

The Court is not convinced that the guilt of the accused has been proved beyond reasonable doubt. The prosecution has failed to overcome the constitutional presumption of innocence. The prisoner must be acquitted.chanroblesvirtualawlibrary chanrobles virtual law library

The accused was a 35-year old man with a wife and four children at the time of the alleged offense. The complaining witness was 19 years old and unmarried when she claims she was raped by Danilo Tagle.chanroblesvirtualawlibrary chanrobles virtual law library

As found by the trial court ¹on the basis of the testimony of the prosecution witnesses, the crime was committed on October 29, 1982, at about ten o'clock in the evening, in a wooded area in Pagudpud, Ilocos Norte.chanroblesvirtualawlibrary chanrobles virtual law library

On October 18, 1982, Iluminada Damo went to the house of Tagle to consult him about her cough. Tagle is a herb doctor or "arbularyo." According to Iluminada, the accused ask her her to come back with a maiden 18 years or older to pick the needed herbs with him.chanroblesvirtualawlibrarychanrobles virtual law library

Accordingly, she went back to Tagle's house on October 29, 1982, at about four o'clock in the afternoon, bringing Arcelie with her.chanroblesvirtualawlibrarychanrobles virtual law library

Tagle began treating his patient by pressing a glass of water on her breasts. This treatment continued for some time. Later in the evening, Tagle asked Arcelie to go with him so they could pick the herbs. He stressed that it was necessary to do this at that time as otherwise the herbs would have no healing power. The presence of Arcelie was also indispensable, for the same reason.chanroblesvirtualawlibrary chanrobles virtual law library

Arcelie said she hesitated because of the late hour. Nevertheless, she finally consented, to accommodate her ailing sister-in-law. She even donned a skirt because the accused had asked her not to wear pants. After walking for some three kilometers, she and the accused stopped at a spot near the seashore where there were many trees. There she started to pick some herbs as indicated by Tagle.chanroblesvirtualawlibrary chanrobles virtual law library

While she was doing so, Tagle suddenly grabbed her arm and warned her not to cry out. Sensing his intentions, she remonstrated and said, "Do not do this to me, Manong." He pointed a knife at her neck to stop her resistance. Not satisfied with the threat, he boxed her in the abdomen and rendered her unconscious.chanroblesvirtualawlibrary chanrobles virtual law library

When she recovered, she found she had been deflowered. She still ached from the blow to her stomach. Her exposed vagina was painful and a warm fluid was oozing from it. Tagle was standing before her, also naked from the waist down. He handed her panty which she put on. They then started to walk back to his house.chanroblesvirtualawlibrary chanrobles virtual law library

She was crying all the way but stopped when they reached his residence because he had threatened to kill her if she said anything about her rape. She proceeded upstairs and stayed near the place where Tagle's wife and children were sleeping. She was restless the whole night.chanroblesvirtualawlibrary chanrobles virtual law library

The complainant, declared that she left early the following morning, and in the afternoon of the same day, told her brother about her rape. She underwent two medical examinations, first on October 31, 1982, and the second on November 3,1982. The report thereon, issued on November 1 5, 1982, reads as follows: chanrobles virtual law library

General Condition-Patient is about 4'10" in height with a very good built. She is shy and hardly speak,

No visible external physical injuries, on the face, body and extremities.chanroblesvirtualawlibrary chanrobles virtual law library

Breasts conical firm, nipples are small.

Labia-Majora - firm and well rounded chanrobles virtual law library

Labia-Minora - soft, pinkish and not in close apposition with one another.chanroblesvirtualawlibrary chanrobles virtual law library

Hymen - healed laceration at 6 o'clock and 12 o'clock with rounded non-coaptible borders.chanroblesvirtualawlibrary chanrobles virtual law library

Examination of vagina Smear (Microscopic) - negative of spermatozoa. ² chanrobles virtual law library

Iluminada Damo corroborated Arcelie's testimony up to the point where she left with the accused to pick the medicinal herbs. She also testified on the girl's conduct upon her return. This witness added that the accused admitted to her in the evening of October 30, 1982, after Arcelie had left, that he had raped the complainant.chanroblesvirtualawlibrary chanrobles virtual law library

The trial court noted in its decision that after the filing of the information against the accused, his father, Fernandico Tagle, approached the complainant's family for a possible settlement out of court. But he was rebuffed by Arcelie.chanroblesvirtualawlibrary chanrobles virtual law library

Tagle's defense was that he and Arcelie were in fact lovers. Although this explanation is often enough rejected by the Court, there are some circumstances in this case that give it some credence.chanroblesvirtualawlibrary chanrobles virtual law library

Tagle testified that he met Arcelie sometime in 1979 and courted her for two years until she accepted his love on December 13,1981, when he gave a birthday party at the beach. They exchanged rings in token of their troth. (He submitted in evidence the one he says Arcelie gave him.) ³ On October 10, 1982, when his wife and children were away, Arcelie stayed with him in his house all night. They had sex twice, once before they slept and once again at dawn.chanroblesvirtualawlibrary chanrobles virtual law library

The accused stated that he did not rape Arcelie on October 29, 1982, and that they did not even have voluntary sexual intercourse then. Arcelie wanted it, but he claimed he was ailing with influenza at the time and had gone out only because he had to pick the herbs for Iluminada. He admitted that Arcelie had come along but not because he had asked her; in fact, she had insisted on accompanying him against his will.chanroblesvirtualawlibrary chanrobles virtual law library

Although Arcelie denies this, Tagle said that the two of them were together at a benefit dance on October 30,1982, the night following the alleged rape. He even bought then her "social box" for P100.00 for the privilege of dancing with her. It was while they were dancing that Arcelie slapped him and accused him of lying to her about his wife and children. Tagle said that Arcelie warned him then that she would file a case against him.chanroblesvirtualawlibrarychanrobles virtual law library

Fernando Pia testified for his "barkada," as he described Tagle. He confirmed the story of Tagle's birthday party at the beach. He particularly remembered the night of October 10, 1982, when he visited Tagle in his house to borrow money and came upon his friend in bed with Arcelie. He also said that in the evening of October 29, 1982, he was in Tagle's house and saw Arcelie follow the accused when he went out to get the herbs. Upon her return, Arcelie joined them in singing and appeared to be in good spirits. The following morning, he and Arcelie went out to pick some orchids and later had breakfast in Tagle's house.chanroblesvirtualawlibrary chanrobles virtual law library

What the Court finds especially intriguing and revealing is the testimony of Dr. Rogelio Balbag, who conducted the medical examination of Arcelie and rendered the report thereon. We find the following disturbing exchange in the transcript of his testimony:

COURT: chanrobles virtual law library

Q Doctor, in your medico-legal certificate marked Exhibit C, there is an entry here which says "laceration at six o'clock and twelve o'clock with rounded coaptible border," could you tell us what this means? chanrobles virtual law library

A May I see it your Honor. As I read . . . I compared . . . I noticed there are some erasures that I found at the part of the hymen healed laceration. The word "healed' was erased on that, your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you have the duplicate copy? chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q So, now you would want to say there is a word "healed" ? chanrobles virtual law library

A I wish to inform the court that excited me; that could be tampered.chanroblesvirtualawlibrary chanrobles virtual law library

Q I will show you again Exhibit C, will you find out if there is the erasure? chanrobles virtual law library

A There is something applied in this part, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q You did not erase that before you signed it, Doctor? chanrobles virtual law library

A No, your Honor. There is the duplicate of the one I issued.chanroblesvirtualawlibrary chanrobles virtual law library

Q So, you want to impress the court that regarding Exhibit C it should be healed laceration? chanrobles virtual law library

A It should be healed laceration, your Honor. ⁴ chanrobles virtual law library

As for the length of the healing period, the doctor testified as follows: chanrobles virtual law library

COURT: chanrobles virtual law library

Q When did you examine the patient? chanrobles virtual law library

A October 31, 1982, your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was the nature of the wound, the laceration wound at six o'clock and twelve o'clock according to you at the time you examined the patient? chanrobles virtual law library

A It is healed laceration, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Freshly healed? chanrobles virtual law library

A Newly healed.chanroblesvirtualawlibrary chanrobles virtual law library

Q In your opinion, when were those lacerations inflicted? chanrobles virtual law library

A It can be one or two weeks before. I can't say, your Honor, one or two weeks before.chanroblesvirtualawlibrarychanrobles virtual law library

COURT: chanrobles virtual law library

Any more questions, Fiscal.chanroblesvirtualawlibrarychanrobles virtual law library

FISCAL ALEJANDRO: chanrobles virtual law library

Q You said, Doctor, that the laceration of the hymen was newly healed. Could it be two days before when you examined that woman? chanrobles virtual law library

A That would be very hard because two days that would be fresh laceration.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q Normally, the laceration of the hymen, what is the healing period? chanrobles virtual law library

A Five days. It depends from the environment of the wound, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Now, after five days the laceration is healed? chanrobles virtual law library

A That is my opinion, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q And you say as newly healed? chanrobles virtual law library

A Yes, your Honor, but the wound could not heal within two days. It cannot completely heal within two days. That would be very hard because if it is inflicted within two days, it would be mere fresh laceration.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: Continue.chanroblesvirtualawlibrarychanrobles virtual law library

FISCAL ALEJANDRO: chanrobles virtual law library

Q You said, Doctor, that the healing period of the laceration of the hymen may differ on some factors? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Would it be possible by the natural power of the victim could cause the healing of the wound inflicted? chanrobles virtual law library

A What do you mean by "natural power"? chanrobles virtual law library

Q On your own human capacity, would the healing be possible cause immediate healing of the wound? chanrobles virtual law library

A In my opinion, a wound inflicted two days will not heal immediately.chanroblesvirtualawlibrary chanrobles virtual law library

Q At any rate, Doctor, is it not a fact that you also requested the victim to come to your office ... I withdraw the question. That is all, your Honor. ⁵

It is significant that although Arcelie said she was examined twice, Dr. Balbag said the second one was more of a mental examination. ⁶The medical examination itself was concluded on October 31, 1982.chanroblesvirtualawlibrary chanrobles virtual law library

The trial judge dismissed the matter of the ruptured hymen and noted that virginity is not an essential element of the crime of rape. Citing jurisprudence, he said even prostitutes could be raped. That is true enough. But what he failed to consider is that the physical evidence of the healed laceration reflected on Arcelie's credibility, especially in her narration of her claimed violation.chanroblesvirtualawlibrary chanrobles virtual law library

Asked if she had any previous sexual experience, she said none ⁷That would mean she was deflowered on October 29, 1982. This was only two days before her medical examination, which revealed that the laceration of her hymen had already healed. Her recuperation was truly amazing if wonders are to be believed.chanroblesvirtualawlibrary chanrobles virtual law library

In the light of this undeniable physical evidence of the miraculously healed maiden head, the Court is more inclined to accept Tagle's testimony that he and Arcelie were lovers and had sex twice on October 10, 1982. Her hymen must have been ruptured then, or perhaps later, but not as late as October 29, 1982, when she claims Tagle forced himself upon her.chanroblesvirtualawlibrary chanrobles virtual law library

In fact, it is not even certain that she had sexual intercourse that night, as there was no showing of this in the medical report. No trace of spermatozoa was found in her vagina. The panty and skirt she wore, both of which she said she used for wiping the red and white fluid oozing from her groin, ⁸were not presented at the trial.chanroblesvirtualawlibrary chanrobles virtual law library

It is true that there are flaws in the evidence of the defense that invite disbelief. Tagle clearly proclaimed himself a liar when he confessed his deception in concealing from Arcelie the fact that he had a wife and children. Also, there is no corroboration of his testimony that he and Arcelie were together at a benefit dance the night after the alleged rape. The slapping incident he narrated could surely have been witnessed by many persons who were at that social gathering, but none of them came forward at the trial.chanroblesvirtualawlibrary chanrobles virtual law library

As for Pia, the impression of the Court is that he was testifying more out of loyalty for his friend than in the interest of truth. It is not easy to accept, for example, that although he said he had gone several times to Tagle's house to borrow money, the only date he could remember having done so, conveniently enough, was October 10, 1982. The other dates are a blur. And, interestingly, although he claimed the accused was a close friend of his and lived only twenty meters away from his own house, this witness did not know that Tagle was married and had four children. ⁹chanrobles virtual law library

But in a criminal action, the conviction of the accused depends not on the weakness of the defense but on the strength of the prosecution. ¹⁰Even if it be supposed that the defense in the case at bar is weak, the prosecution, as it happens, is even weaker. The Office of the Solicitor General seems to think so too, if the half-hearted appellee's brief it submitted is any indication.chanroblesvirtualawlibrary chanrobles virtual law library

The Court finds it hard to accept that a young maiden like Arcelie would go out late at night with a man she had met only six hours before to a wooded and secluded place where her only possible protection against his temptation would be his own forbearance. Unsophisticated girls may be naive to a certain degree but they cannot be that trusting.chanroblesvirtualawlibrary chanrobles virtual law library

Arcelie says she hesitated when Tagle asked her to come with him. However, she changed her mind later for the benefit of her sister-in-law. Iluminada seems also to have completely trusted Tagle even if she herself had met him only once before, on October 18, 1982. And it is also curious that she did not even inquire why, as she said she noticed, Arcelie was silent and apparently under stress when she returned from her nocturnal trip. This witness was apparently not much interested either when Arcelie left her early the next morning without any explanation, Iluminada did not bother to ask.chanroblesvirtualawlibrary chanrobles virtual law library

The strangest piece in this puzzle is Tagle's nameless wife and children who were either conveniently absent or unobtrusive even when present. Tagle says they were in Nueva Ecija when he gave his birthday party at the beach and won Arcelie and on October 10, 1982, when Arcelie slept with him in his house. But October 29, 1982, was different. The wife was there but did not object when Tagle and Arcelie went out into the night together. She was not heard to say anything either when the two returned hours later from whatever they might have been doing in the dark. She accepted Arcelie back into her house and even slept in the same place with her, presumably with complete peace of mind. There was not one ounce of jealousy in her.chanroblesvirtualawlibrarychanrobles virtual law library

But that is another story.chanroblesvirtualawlibrarychanrobles virtual law library

In the case before us, we feel that the prosecution has failed to establish the necessary quantum of evidence to justify the conviction of the accused-appellant. To repeat, the Court regards as especially significant the physical evidence of the healed hymen, which suggests that Arcelie was not telling the truth about her alleged violation on the night in question. Her innocence was ruptured, but not on that night of October 29, 1982.chanroblesvirtualawlibrary chanrobles virtual law library

It looks to us that Arcelie has acted out of spite over her discovery that she had been deceived by her married lover and she is now using this case to wreak her vengeance. Our finding is that Arcelie was not a violated virgin but a betrayed and resentful sweetheart bent on the revenge of a woman scorned.chanroblesvirtualawlibrary chanrobles virtual law library

Let it not be supposed from this decision that the constitutional presumption of innocence commands the exoneration of the guilty. The presumption is certainly not conclusive and may yield to positive proof that the crime has been committed by the prisoner on the dock as charged. But that proof, if it is to prevail, must be strong enough to dispel all doubt and sustain the defendant's conviction. It is absolutely indispensable that it be convincing enough to warrant his punishment, not the least of which, along with the loss of his liberty or property, is the stain upon his honor.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the appealed decision is REVERSED and the accused-appellant is ACQUITTED. It is so ordered.

Endnotes:

1 Decision penned by Judge Manuel D. Victoria Regional Trial Court, Branch XIX, Bangui, Ilocos Norte.chanrobles virtual law library

2 Exhibit 2

3 Exhibit "1;" TSN, July 10, 1985, p. 5. 3

4 TSN, February 25,1985, p. 12.chanrobles virtual law library

5 Ibid., pp. 7-9.chanrobles virtual law library

6 Id., pp. 1 0-1 1.chanrobles virtual law library

7 Decision, p. 14.chanrobles virtual law library

8 TSN. October 25, 1984, pp. 62-64.chanrobles virtual law library

9 TSN, June 10, 1985, pp. 12 and 29.chanrobles virtual law library

10 People v. Go Bio, Jr. 142 SCRA 238: People v. Co., G.R. No. 38052, July 14, 1988; People 7 Nazareno, 80 SCRA 484; People Roveras, 130 SCRA 259.