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Prof. Joselito Guianan Chan's The Labor Code of the Philippines, Annotated Labor Standards & Social Legislation Volume I of a 3-Volume Series 2019 Edition (3rd Revised Edition)
 

 
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UNITED STATES SUPREME COURT JURISPRUDENCE
 

 
PHILIPPINE SUPREME COURT JURISPRUDENCE
 

   
July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.

  •  





     
     

    G.R. Nos. 109396-97   July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

     
    PHILIPPINE SUPREME COURT DECISIONS

    THIRD DIVISION

    [G.R. Nos. 109396-97. July 17, 1996.]

    PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ROMEO OARGA y SISON, Accused-Appellant.


    SYLLABUS


    1. CRIMINAL LAW; RAPE; COMMITTED WHEN THE VICTIM IS UNDER 12 YEARS OF AGE EVEN WITH THE ABSENCE OF FORCE OR INTIMIDATION. — When a female under twelve years of age is the victim of rape, it is utterly of no consequence that no force or intimidation is used by the rapist, or that his prey is not deprived of reason or rendered unconscious. It suffices that there is carnal Knowledge of the latter, without more. This is apparent from the terms of Article 335 of the Revised Penal Code.

    2. ID.; ID.; COMMITTED THROUGH INTIMIDATION; CONSTRUED. — Intimidation is addressed to the mind of the victim and is, therefore subjective. Its presence cannot be tested by any hard-and-fast rule, but must be viewed in the light of the victim’s perception and judgment at the time of the crime. The workings of the human mind under emotional stress are unpredictable; people react differently in such situations; some may shout; some may faint; some may be shocked into insensibility; others may openly welcome their intrusion. v. (People v. Matrimonio, 215 SCRA 613; People v. Cabradilla, 133 SCRA 413)

    3. REMEDIAL LAW; EVIDENCE; TESTIMONY OF RAPE VICTIM; ENTITLED TO CREDIT IN THE ABSENCE OF ILL-MOTIVE ON HER PART. — When the victim’s testimony of her violation is corroborated by the physician’s findings of penetration, there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge. There is moreover no persuasive evidence of a motive imputable to Lorelie to narrate anything other than the truth, or any purpose other than to obtain redress for the wrong inflicted on her. This Court has ruled that the testimony of a rape victim is entitled to credit where she has no motive to testify falsely against the accused; and credence to testimonies of young girls should not be withheld, where the facts indicate their having been victims of sexual assault.


    D E C I S I O N


    NARVASA, C.J.:


    This case — at least, the prosecution’s version of it — tells a story made all too familiar by what seems to have become the alarming frequency of its occurrence: of a young girl fallen, victim to the lewdness of one who in relation to her stood in loco parentis, if not in strict law, by all norms of acceptable conduct.

    By her account, Lorelie Trinidad’s ordeal started in the evening of May 20, 1990 while asleep in the home she shared with her mother, Josephine Trinidad, three siblings, and appellant Romeo Oarga, her mother’s "live-in partner" (paramour). A fan-knife (balisong) tucked at his waist, Oarga woke her up and ordered her to shed her clothes and panties, at the same time removing her trousers. Then he made her lie down on the cement floor and, placing his knife by her side, went on top of her and forced himself into her. The pain Lorelie felt at the forcible penetration caused her to hold on convulsively to Oarga’s waist and to plead with him to stop. Heedless of her pleas, he threatened her with the knife, bit her nipples and kissed her on the neck and lips Then, evidently satiated, Oarga stood up and told her to put on her clothes, go back to sleep and not to tell her mother what happened. Lorelie felt something sticky in her thigh which she wiped off. She was not yet twelve (12) at the time. 1

    That shattering experience was repeated barely a fortnight later, on June 3, 1990, this time while Lorelie was watching television with her brother and sisters on the second floor of their house. Oarga summoned all of them downstairs. There, he told her brother and sisters to go back upstairs, but Lorelie to stay behind. It was about seven o’clock in the evening and her mother was out, engaged in her customary work as a laundry woman. Oarga put out the light, told Lorelie to lie down on the floor, and then sexually violated in much the same way as on the previous occasion. 2

    Lorelie left her house shortly afterwards, moving to Lumban, Laguna. It was not until December 1, 1990, however, that .she wrote her mother to tell her that she had left home because she had been repeatedly abused by Oarga; she had not revealed this earlier because he had threatened to kill her; and she was afraid it might happen again. 3

    Her mother thereupon sought out Lorelie and brought her to the hospital for examination, where it was forthwith confirmed that Lorelie was no longer a virgin. Mother and daughter then repaired to the police station in Sta. Cruz, Laguna to report Romeo Oarga’s rapes and give their sworn statements about these. Josephine Trinidad filed in Lorelie’s behalf two complaints for rape against Romeo Oarga before the Municipal Trial Court of Sta. Cruz, Laguna, which were docketed as Criminal Cases Numbered SC-4340 and SC- 4341. 4 Only two (2) complaints for rape were filed against Romeo Oarga, notwithstanding Lorelie’s claim that she had been sexually assaulted ten times, more or less. 5

    Romeo Oarga having entered a plea of not guilty on both counts, a joint trial of the cases ensued. On February 26 1993 the Regional Trial Court, Sta. Cruz Laguna (Judge Fernando M. Paclibon, Jr. presiding) rendered a decision finding Oarga guilty beyond reasonable doubt in the two cases, the dispositive portion whereof reading as follows:jgc:chanrobles.com.ph

    "WHEREFORE, IN THE LIGHT OF ALL THE FOREGOING, the court finds the accused Romeo Oarga guilty beyond reasonable doubt as principal for the crime of rape defined and punished under Art. 335 of the Revised Penal Code and hereby imposed upon him as follows:chanrob1es virtual 1aw library

    In Criminal Case No. SC-4340, to suffer the penalty of RECLUSION PERPETUA and to pay jointly the offended party Lorelie Trinidad and complainant-mother Josephine Trinidad the sum of P50,000.00 as MORAL DAMAGES, P25,000.00 as EXEMPLARY DAMAGES and to pay the cost.

    In Criminal Case No. SC-4341, to suffer the penalty of RECLUSION PERPETUA and to pay jointly the same offended party and the same mother-complainant the sum of P50,000 as MORAL DAMAGES and P25,000.00 as EXEMPLARY DAMAGES and also to pay the cost.

    SO ORDERED." 6

    Romeo Oarga has appealed, and before this Tribunal now seeks acquittal attributing to the Court a quo the following errors:chanrob1es virtual 1aw library

    I. . . . IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONY OF PRIVATE COMPLAINANT LORELIE TRINIDAD; and

    II. . . . IN FINDING . . . (him) GUILTY BEYOND REASONABLE OF THE CRIME OF RAPE ON TWO (2) COUNTS.

    The defense contends that Lorelie Trinidad .should not be believed; her testimony is not credible and not in accord with human experience. It argues that when Romeo Oarga sexually assaulted Lorelie for the first time, "she did not try to call for help or shout to attract people nearby;" when she was raped on May 20, 1990, she did not "scream or call the attention of the persons sleeping upstairs;" and when she was again raped by appellant on June 3, 1990, she did not "try to resist the advances made by him" nor scream to "call the attention of the ten (10) people upstairs."cralaw virtua1aw library

    The contention is without merit. When a female under twelve years of age is the victim of rape, it is utterly of no consequence that no force or intimidation is used by the rapist, or that his prey is not deprived of reason or rendered unconscious. It suffices that there is carnal knowledge of the latter, without more. This is apparent from the terms of Article 335 of the Revised Penal Code, viz.. 7

    "Art. 335. When and how rape is committed. — Rape is committed by having carnal knowledge of a woman under any of the following circumstances:chanrob1es virtual 1aw library

    1. By using force or intimidation;

    2. When a woman is deprived of reason or otherwise unconscious; and

    3. When the woman is under twelve years of age, even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present."cralaw virtua1aw library

    There is no dispute of the fact that Lorelie was born on November 4, 1978, this being evidenced by her Certificate of Live Birth, and hence, she was under twelve at the time of the commission of both rapes: May 20, 1990 and June 3, 1990. When Romeo Oarga had carnal knowledge of her on said dates, he committed two felonies of rape, even if on neither occasion he had used force or intimidation or Lorelie been "deprived of reason or otherwise unconscious." That there was no struggle or outcry from Lorelie is not therefore exculpatory or even mitigating.

    The fact is that Romeo Oarga, who indisputably had moral dominance over Lorelie, standing as he did in the position of surrogate parent, did use force and intimidation in initiating and consummating his lascivious attacks against her — a circumstance that this Court finds amply proven by the evidence on record. He threatened her with a fan-knife (balisong) all the while he was about satisfying his lewd desires. To an innocent eleven-year old girl, that threat must have engendered a deep-seated fear that if she dared resist or try to frustrate Romeo Oarga, she, her brothers and sisters and even her mother would be killed. Intimidation is addressed to the mind of the victim and is, therefore subjective. Its presence cannot be tested by any hard-and-fast rule, but must be viewed in the light of the victim’s perception and judgment at the time of the crime. The workings of the human mind under emotional stress are unpredictable; people react differently in such situations: some may shout; some may faint; some may be shocked into insensibility; others may openly welcome their intrusion. 8

    But such force or intimidation, as repeatedly pointed out, is not a factor in determining the existence of rape in the two cases at bar, where mere sexual conjugation suffices to give rise to the crime, the victim being under twelve. Such force or intimidation would serve merely to aggravate the liability for the offense.

    After examination and analysis of the evidence, the Court agrees with the Trial Tribunal’s assessment that superior credibility should be accorded to Lorelie’s testimony. Her account of the concupiscent invasion of her person is simple, straightforward, believable, viz.: 9

    "Q. Now on, May 20; 1990, do you recall of any unusual incident that transpired or happened between you and herein accused in the town of Santa Cruz?

    A. Yes, sir. I was sleeping with my two sisters and one brother when he awakened me.

    x       x       x


    Q. And what happened after your step-father was able to wake you?

    A. After he woke me up, he told me to take off what I was wearing including my panty while he took off his pants and then told me to lie on the cement floor.

    Q. Can you tell more or less what time was that when your step-father woke you up?

    A. It was already night time, I do not know the exact hour.

    x       x       x


    Q. What happened after that, after your step-father placed his body on top of you?

    A. The same thing with the balisong knife on my side, he was making an up and down movement.

    Q. What do you feel when that up and down movement was made by your step-father?

    A. I felt some pain in my private part."cralaw virtua1aw library

    So, too, is her narration of her harrowing experience in the night of June 3, 1990. 10

    "Q. What happened after your sisters and brother were told to return upstairs by your stepfather on that day June 3, 1990 at around 7:00 o’clock in the evening?

    A. After I was left downstairs, he put off the light and did the same thing that I have already mentioned here.

    Q. When you said he did the same thing, would you please tell us what the same thing did he do to you?

    A. Like, I said, after he put off the light, he told me to lie on the floor and did exactly what he did to me the first time that I narrated here."cralaw virtua1aw library

    Lorelie’s testimony is corroborated by that of Dr. Gladys O. Javan who examined her and found lacerations in her vagina. Dr. Javan declared that upon examination Lorelie’s vagina admitted two (2) fingers with ease as a result of its penetration by a long object, like a penis, among others. 11 Obviously, when the victim’s testimony of her violation is corroborated by the physician’s findings of penetration, there is sufficient foundation to conclude the existence of the essential requisite of carnal knowledge. 12 There is moreover no persuasive evidence of a motive imputable to Lorelie to narrate anything other than the truth, or any purpose other than to obtain redress for the wrong inflicted on her. This Court has ruled that the testimony of a rape victim is entitled to credit where she has no motive to testify falsely against the accused; 13 and credence to testimonies of young girls should not be withheld, where the facts indicate their having been victims of sexual assault. 14 As pointed out by the Trial Court 15 :jgc:chanrobles.com.ph

    ". . . [i]t is utterly lamentable that the very person legally charged with the protection and safeguarding of the person and chastity of the young and innocent offended party, was the very one who without compunction unnecessarily caused his ward to suffer the indignities, pain and humiliation of undergoing the inhuman act of defloration not only once, twice but several times.

    WHEREFORE, finding no error in the judgment of the Court a quo, the Court DISMISSES the appeal therefrom and AFFIRMS said judgment in toto.

    SO ORDERED.

    Davide, Jr., Melo, Francisco and Panganiban, JJ., concur.

    Endnotes:



    1. Exhibit H, Sinumpaang Salaysay, Lorilie Trinidad, Original Record, p. 7.

    2. Ibid.

    3. Ibid.

    4. Ibid.

    5. Ibid.

    6. Decision, February 26, 1993, Original Records, pp. 92-128.

    7. Emphasis supplied.

    8. People v. Matrimonio 215 SCRA 613; People v. Cabradilla, 133 SCRA 413.

    9. Pp. 12-14, TSN, May 18, 1992.

    10. P. 18, Ibid.

    11. Pp. 7-10, TSN, July 21, 1992.

    12. People v. Castillo, 197 SCRA 657 (1991).

    13. People v. Cabilao, 210 SCRA 326 (1992).

    14. People v. Abuyan, Jr., 211 SCRA 662 (1992).

    15. P. 35, Original Record, Decision, February 26, 1993.

    G.R. Nos. 109396-97   July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA


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