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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
 

   
June-1997 Jurisprudence                 

  • G.R. No. 92462 June 2, 1997 - SANTIAGO GOKING v. ROLANDO R. VILLARAZA, ET AL.

  • G.R. No. 97896 June 2, 1997 - TEKNIKA SKILLS & TRADE SERVICES, INC. v. SECRETARY OF LABOR, ET AL.

  • G.R. No. 116748 June 2, 1997 - PEOPLE OF THE PHIL. v. MARJORIE CASTILLO

  • G.R. No. 121434 June 2, 1997 - ELENA F. UICHICO, ET AL. v. NLRC, ET AL.

  • G.R. No. 120880 June 5, 1997 - FERDINAND R. MARCOS II v. COURT OF APPEALS, ET AL.

  • G.R. No. 76969 June 9, 1997 - INLAND REALTY INVESTMENT SERVICE, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 89369 June 9, 1997 - PEOPLE OF THE PHIL. v. ROLANDO BERGONIA, ET AL.

  • G.R. No. 107259 June 9, 1997 - RAYMUNDO M. DAPITON, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 108475 June 9, 1997 - GAMALIEL DINIO, ET AL. v. BIENVENIDO E. LAGUESMA, ET AL.

  • G.R. No. 115944 June 9, 1997 - ELVIRA C. GONZALES v. NLRC, ET AL.

  • G.R. No. 118536 June 9, 1997 - LAWIN SECURITY SERVICES, INC., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 119362 & 120269 June 9, 1997 - PEOPLE OF THE PHIL. v. RICARDO O. RABOSA

  • G.R. No. 123905 June 9, 1997 - MARIA CRISTINA FERTILIZER CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 124280 June 9, 1997 - FLORA S. REYES v. COURT OF APPEALS, ET AL.

  • Bar Matter No. 730 June 10, 1997 - NEED THAT LAW STUDENT PRACTICING UNDER RULE 138-A BE SUPERVISED

  • G.R. No. 96999 June 10, 1997 - CARLOS O. YSMAEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106812 June 10, 1997 - TAGAYTAY-TAAL TOURIST DEV. CORP. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 107302, 107306 & 108559-60 June 10, 1997 - INDUSTRIAL TIMBER CORP. v. NLRC, ET AL.

  • G.R. No. 120074 June 10, 1997 - LEAH P. ADORIO v. LUCAS P. BERSAMIN

  • G.R. No. 120594 June 10, 1997 - ALFONSO TAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 123639 June 10, 1997 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 113713 June 11, 1997 - ORIENT EXPRESS PLACEMENT PHIL. v. NLRC, ET AL.

  • G.R. No. 116940 June 11, 1997 - PHIL-AM GENERAL INSURANCE CO., INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 117561 June 11, 1997 - JULIO MARCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 118041 June 11, 1997 - PHIMCO INDUSTRIES, INC. v. NLRC, ET AL.

  • G.R. Nos. 118921-22 June 11, 1997 - ERNESTO AUSTRIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120956 June 11, 1997 - PEOPLE OF THE PHIL. v. DOMINGO MORENO, ET AL.

  • Adm. Matter No. P-97-1248 June 13, 1997 - MARIEL ECUBE-BADEL v. DAVID DE LA PEÑA BADEL

  • G.R. Nos. 100513 & 111559 June 13, 1997 - SEVERINO ANTONIO v. COURT OF APPEALS, ET AL.

  • G.R. No. 102467 June 13, 1997 - EQUITABLE BANKING CORP., ET AL. v. NLRC, ET AL.

  • G.R. Nos. 110817-22 June 13, 1997 - PEOPLE OF THE PHIL. v. MARCELINO A. BUGARIN

  • G.R. No. 111088 June 13, 1997 - C & M TIMBER CORP. v. ANGEL C. ALCALA, ET AL.

  • G.R. Nos. 113103 & 116000 June 13, 1997 - NAPOCOR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 114764 June 13, 1997 - WILFREDO T. PADILLA v. NLRC, ET AL.

  • Adm. Case No. 4244 June 17, 1997 - BUHANGIN RESIDENTS & EMPLOYEES ASSN., ETC. v. CORAZON NUÑEZ-MALANYAON

  • G.R. No. 100920 June 17, 1997 - PEOPLE OF THE PHIL. v. NOLI SALCEDO, ET AL.

  • G.R. No. 109311 June 17, 1997 - ZENAIDA ASUNCION v. NLRC, ET AL.

  • G.R. Nos. 110974-81 June 17, 1997 - PEOPLE OF THE PHIL. v. DANTE MANANSALA

  • G.R. No. 111357 June 17, 1997 - TRADERS ROYAL BANK v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 113799 June 17, 1997 - PEOPLE OF THE PHIL. v. BIENVENIDO BAYDO

  • G.R. No. 119337 June 17, 1997 - BAYVIEW HOTEL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120030 June 17, 1997 - ATLAS FERTILIZER CORP., ET AL. v. NLRC, ET AL.

  • G.R. No. 120553 June 17, 1997 - PHILTRANCO SERVICE ENTERPRISES, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 120802 June 17, 1997 - JOSE T. CAPILI v. NLRC, ET AL.

  • G.R. No. 121787 June 17, 1997 - PEOPLE OF THE PHIL. v. EDGARDO GREFALDIA

  • G.R. No. 121964 June 17, 1997 - ABDULIA RODRIGUEZ, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122932 June 17, 1997 - JOY BROTHERS, INC. v. NWPC

  • Adm. Case No. 4431 June 19, 1997 - PRISCILLA CASTILLO VDA. DE MIJARES v. ONOFRE A. VILLALUZ

  • Adm. Matter No. P-96-1221 June 19, 1997 - ADORACION G. ANGELES v. PABLO C. GERNALE, JR.

  • Adm. Matter No. P-97-1240 June 19, 1997 - WILFREDO C. BANOGON v. FELIPE T. ARIAS

  • Adm. Matter No. P-97-1242 June 19, 1997 - ESTHER P. MAGLEO v. ARISTON G. TAYAG

  • G.R. Nos. 93100 & 97855 June 19, 1997 - ATLAS FERTILIZER CORP. v. SECRETARY OF DAR

  • G.R. No. 102612 June 19, 1997 - MANUEL L. QUEZON UNIVERSITY, ET AL. v. NLRC, ET AL.

  • G.R. Nos. 102723-24 June 19, 1997 - PEOPLE OF THE PHIL. v. EDUARDO CABALLES, ET AL.

  • G.R. No. 103493 June 19, 1997 - PHILSEC INVESTMENT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106583 June 19, 1997 - PEOPLE OF THE PHIL. v. VICTORIANO CASTRO

  • G.R. No. 108107 June 19, 1997 - PEOPLE OF THE PHIL. v. SUSAN PANTALEON

  • G.R. No. 108616 June 19, 1997 - PEOPLE OF THE PHIL. v. RODOLFO PATAWARAN

  • G.R. No. 109224 June 19, 1997 - MEGASCOPE GENERAL SERVICES v. NLRC, ET AL.

  • G.R. No. 110226 June 19, 1997 - ALBERTO S. SILVA, ET AL. v. NLRC, ET AL.

  • G.R. No. 112687 June 19, 1997 - PEOPLE OF THE PHIL. v. ABNER B. EUBRA

  • G.R. No. 113685 June 19, 1997 - PEOPLE OF THE PHIL. v. THEODORE BERNAL, ET AL.

  • G.R. No. 114812 June 19, 1997 - PEOPLE OF THE PHIL. v. RODEL Z. SAHAGUN, ET AL.

  • G.R. No. 115968 June 19, 1997 - RUBIN FERRER, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116394 June 19, 1997 - PEOPLE OF THE PHIL. v. TEODORO BONOLA

  • G.R. No. 116918 June 19, 1997 - PEOPLE OF THE PHIL. v. BONFILO MARTINEZ

  • G.R. No. 117005 June 19, 1997 - CARLITO D. CORPUZ v. COURT OF APPEALS, ET AL.

  • G.R. No. 117228 June 19, 1997 - RODOLFO MORALES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 118335-36 June 19, 1997 - PEOPLE OF THE PHIL. v. ROSELLER ALAS, ET AL.

  • G.R. No. 119071 June 19, 1997 - PEOPLE OF THE PHIL. v. ROGELIO ANTIPONA

  • G.R. No. 121429 June 19, 1997 - MARCIA TUMBIGA v. NLRC, ET AL.

  • G.R. No. 122368 June 19, 1997 - BERNARDO NAZAL, ET AL. v. NLRC, ET AL.

  • G.R. No. 122389 June 19, 1997 - MIGUEL SINGSON v. NLRC, ET AL.

  • G.R. No. 122806 June 19, 1997 - TIMES BROADCASTING NETWORK v. COURT OF APPEALS, ET AL.

  • G.R. No. 122866 June 19, 1997 - MELVA NATH v. NLRC, ET AL.

  • G.R. No. 123073 June 19, 1997 - PEOPLE OF THE PHIL. v. BENJAMIN CAYABYAB

  • G.R. No. 123673 June 19, 1997 - PEDRO C. CALUCAG v. COMELEC, ET AL.

  • G.R. No. 123708 June 19, 1997 - CSC, ET AL. v. RAFAEL M. SALAS

  • G.R. No. 124050 June 19, 1997 ccc zz

    MAYER STEEL PIPE CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125008 June 19, 1997 - COMMODITIES STORAGE & ICE PLANT CORP., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125221 June 19, 1997 - REYNALDO M. LOZANO v. ELIEZER R. DE LOS SANTOS, ET AL.

  • G.R. No. 125347 June 19, 1997 - EMILIANO RILLO v. COURT OF APPEALS, ET AL.

  • G.R. No. 125798 June 19, 1997 - HADJI HAMID LUMNA PATORAY v. COMELEC, ET AL.

  • G.R. No. 125955 June 19, 1997 - WILMER GREGO v. COMELEC, ET AL.

  • G.R. No. 126361 June 19, 1997 - VICTOR R. MIRANDA, ET AL. v. JESSIE B. CASTILLO, ET AL.

  • G.R. No. 127311 June 19, 1997 - CONRADO LINDO v. COMELEC, ET AL.

  • G.R. No. 127623 June 19, 1997 - DOMINADOR VERGEL DE DIOS v. COURT OF APPEALS, ET AL.

  • G.R. No. 116216 June 20, 1997 - NATALIA S. MENDOZA v. COURT OF APPEALS, ET AL.

  • G.R. No. 116695 June 20, 1997 - VICTORIA G. GACHON, ET AL. v. NORBERTO C. DEVERA, JR., ET AL.

  • G.R. No. 118435 June 20, 1997 - PEOPLE OF THE PHIL. v. MARIO SERZO, JR.

  • G.R. No. 119178 June 20, 1997 - LINA LIM LAO v. COURT OF APPEALS, ET AL.

  • G.R. No. 119745 June 20, 1997 - POWER COMMERCIAL AND INDUSTRIAL CORP. v. COURT OF APPEALS, ET AL.

  • G.R. No. 122079 June 27, 1997 - ANTONIO CONCEPCION, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 100935 June 30, 1997 - PEOPLE OF THE PHIL. v. VICENTE ZABALLERO

  • G.R. No. 102316 June 30, 1997 - VALENZUELA HARDWOOD AND INDUSTRIAL SUPPLY v. COURT OF APPEALS, ET AL.

  • G.R. No. 112260 June 30, 1997 - JOVITA YAP ANCOG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 115689 June 30, 1997 - PEOPLE OF THE PHIL. v. LINO ARTIAGA

  • G.R. No. 121793 June 30, 1997 - PEOPLE OF THE PHIL. v. ADONIS BALAD

  •  





     
     

    G.R. Nos. 119362 & 120269   June 9, 1997 - PEOPLE OF THE PHIL. v. RICARDO O. RABOSA

     
    PHILIPPINE SUPREME COURT DECISIONS

    FIRST DIVISION

    [G.R. Nos. 119362 & 120269. June 9, 1997.]

    THE PEOPLE OF THE PHILIPPINES, Petitioner, v. RICARDO O. RABOSA, Respondent.


    D E C I S I O N


    KAPUNAN, J.:


    What anguish, pain and shame an innocent fifteen-year old girl has to suffer when her pristine maidenhood, which is as dear to her as life itself, was deflowered by the offender’s demonic lust, is hardly imaginable. But when the perpetrator of the dastardly act is the victim’s own father, the torment of human degradation is more intolerable; one wonders how there can be such a person so absolutely devoid of any human feeling that distinguishes man from beast.

    On the sworn complaint of fifteen-year old Maria Rizen T. Rabosa, two informations for Rape were filed against her father, Ricardo O. Rabosa, before the Regional Trial Court of Quezon City.

    The information in Criminal Case No. Q-93-42335 reads as follows:chanrob1es virtual 1aw library

    That on or about 5:00 in the morning of February 14, 1993 at house No. 631, General Lucban Street, Bagong Silangan, Quezon City and within the jurisdiction of this Honorable Court, Accused Ricardo O. Rabosa, did then and there, wilfully, unlawfully and feloniously by force and intimidation and with the use of fan knife, had carnal knowledge with his daughter, Rizan T. Rabosa, against her consent. 1

    In Criminal Case No. Q-93-42336, the information reads:chanrob1es virtual 1aw library

    That sometime during the last week of January, 1993 at house No. 631, General Lucban Street, Bagong Silangan, Quezon City and within the jurisdiction of this Honorable Court, Accused Ricardo O. Rabosa, did then and there, wilfully, unlawfully and feloniously by force and intimidation and with the use of fan knife, had carnal knowledge with his daughter, Rizen T. Rabosa, against her consent. 2

    When arraigned, Accused-appellant pleaded not guilty to the two counts of rape. 3 Joint trial of the two criminal cases ensued. In its decision dated December 29, 1994, the trial court convicted appellant, holding as follows:chanrob1es virtual 1aw library

    Criminal Case No. Q-93-42335:chanrob1es virtual 1aw library

    ACCORDINGLY, Accused RICARDO O. RABOSA is hereby found guilty of the crime of Rape beyond reasonable doubt as alleged in the Information and is hereby sentenced to suffer the penalty of reclusion perpetua, with all the accessory penalties provided by law and to pay the cost. He is, likewise, ordered to indemnify Maria Rizen Rabosa the amount of Fifty thousand pesos (50,000.00).

    Criminal Case No. Q-93-42336:chanrob1es virtual 1aw library

    ACCORDINGLY, Accused Ricardo O. Rabosa is hereby found guilty of the crime of Rape beyond reasonable doubt as alleged in the Information and is hereby sentenced to suffer the penalty of reclusion perpetua, with all the accessory penalties provided by law and to pay the cost. He is, likewise, ordered to indemnify Maria Rizen Rabosa in the amount of fifty thousand pesos (P50,000.00). 4

    The trial court gave credence to the testimony of the complainant. Complainant testified thus:chanrob1es virtual 1aw library

    On one evening in the last week of January, 1993, at around eight o’clock, complainant was at home with her brothers. While complainant was washing dishes, her brothers asked permission to go to their aunt’s place, which was about one electric post away from their house. Complainant did not allow her brothers to leave, but when she heard a loud noise, which turned out to be a door closing, the boys were gone.chanroblesvirtuallawlibrary

    Complainant turned towards the noise and noticed appellant at her back. There were no other persons in the house. Appellant started kissing complainant’s neck, pulling her by the back of her t-shirt towards a room, 5 five steps away from where she was washing dishes. 6 Inside the room, appellant switched off the light.

    Appellant forced complainant to lie on the floor. When complainant fought his advances by boxing and kicking him, appellant poked a fan knife at her neck. 7 Appellant was able to pull complainant’s shorts and underwear down to her feet. 8 He then removed his shorts and got on top of complainant. 9 After forcing complainant to spread her legs, appellant succeeded in inserting his penis into complainant’s private part. 10 After about two minutes, appellant stood up and put on his clothes. Complainant did the same while crying. Appellant turned on the light. 11 He forbade complainant to leave the house.

    Complainant went to the bathroom. When she came out, her brothers were already home, having been summoned by appellant. 12 Complainant’s brother Jayson asked her why she was crying, to which query she did not reply to. Later, appellant left the house. 13

    On February 14, 1993, complainant was at their house sleeping. 14 At home at that time were her brothers and appellant. Complainant woke up early, between four and five in the morning, to go out jogging. On her way out of the bathroom after taking a bath, complainant ran into appellant. 15 Appellant asked complainant where she was going. Complainant said she was going out to jog with her friends. 16 Appellant forbade her to leave, so complainant went to her room.chanrobles.com : virtual lawlibrary

    While complainant was in her room, the light went out. Complainant started to look for a candle and matches, thinking there was a power interruption. Groping in the dark, complainant felt a pointed object at her neck, while being pulled by someone to the floor. 17 Her assailant was appellant. 18 When complainant was on the floor, the left leg of her jogging pants was pulled down to her left foot by appellant. After appellant was able to pull down the left side of complainant’s underwear, he got on top of her and succeeded in forcing her to spread her legs. Appellant inserted his penis into complainant’s private part. 19

    After the act, appellant stood up, switched on the light and went to the bathroom. 20 Complainant put on her t-shirt, underwear and jogging pants, took some extra clothes, and went to her aunt’s bathroom, which was seven steps from their house. There she changed clothes, as she planned to leave. Complainant proceeded to friends’ house at the next street to tell them she would not be going jogging with them. 21

    At her friends’ house, complainant saw her father driving a tricycle, looking for her. She hid behind the house until she heard the tricycle leave. Then she went to a friend’s house in Fairview to hide. 22

    Complainant reported the incidents to the police on February 17, 1993. 23

    Accused now appeals his conviction, raising the following lone error:chanrob1es virtual 1aw library

    THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME OF RAPE DESPITE THE FACT THAT HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT BY THE PROSECUTION.

    The credibility of fifteen-year old complainant Maria Rizen Rabosa is at issue here.

    Appellant first asserts that complainant’s testimony in court that she was raped by her father in the last week of January 1993 is at variance with her Sinumpaang Salaysay dated February 17, 1993 24 and her statement dated March 9, 1993 25 where there was no mention of such rape. He further points out that the medico-legal report dated February 17, 1993, 26 while mentioning alleged incidents of rape in the second week of August, 1990 and February 14, 1993, made no mention of rape allegedly committed in the last week of January, 1993. 27 Such inconsistencies, appellant contends, renders complainant’s testimony without probative value.

    As pointed out by the Solicitor General, contrary to appellant’s contention, the Sinumpaang Salaysay dated March 9, 1993 specifically mentions the assault committed upon complainant’s chastity, thus:chanrob1es virtual 1aw library

    T. Nabanggit mo na pagkatapos noong una kang hinalay ng Papa mo ay nasundan pa ulit ito ng pagkalipas ng limang araw, at nasundan pa ng ilang beses, natatandaan mo ba ang eksaktong mga petsa kung kailan ka inulit-ulit na gahasain ng Papa mo?

    S. Hindi ko po matandaan ang mga eksaktong mga petsa ngunit ang natatandaan ko po ay pinakamarami po iyong tatlong beses isang lingo at pinakakaunti ay isang beses isang linggo mula po noong August 1990 hanggang Dec. 1990 maliban lang noong Sept. 1990 ay isang beses lang po noong buwan na iyon ngunit noong Oct. ay umabot po sa apat na beses isang linggo. Noon pong 1991, January hanggang August ay dalawang beses isang linggo at noon pong Sept. at Oct. ay tatlong beses isang buwan, iyon naman pong Nov. at Dec. parehong taon (1991) ay dalawang beses lang po isang buwan niya ako ginamit. Noon naman pong taon ng 1992, January at April ay tatlong beses lang po sa isang buwan ako ginahasa at noon naman pong June 1992 ay limang beses lang sa buwan na iyon ako ginamit. Nasundan na nga po ito noong 1993, Jan. na dalawang beses sa buong buwan at February 1993 ay dalawang beses rin." 28

    This allegation in complainant’s sworn statement was the basis for the filing of the information in Criminal Case No. Q-93-42336 charging appellant with rape committed in the last week of January. 29

    The document marked Exhibit "E" referred to by appellant contains the handwritten notes of Medico-Legal Officer Jesusa Nieves taken during the course of the physical examination conducted by her upon complainant’s person at the Crime Laboratory of the Headquarters of the Philippine National Police in Camp Crame, Quezon City. 30 Nieves’s handwritten entry "1800-1900 H 2nd week of Aug. 1990 & Feb. 14, 1993 4 AM" to the query "alleged time & date of commission," as well as the brief history of the case were culled by Nieves from an interview with the complainant. 31 This interview and physical examination were done only three days from the last rape incident on February 14, 1993. With complainant’s state of mind at that time and the venue of the examination, it is not surprising or even unusual that Exhibit "E" be inaccurate or incomplete. 32 Needless to say, a rape victim cannot be expected to mechanically keep and then give an accurate account of the traumatic and horrifying experience she had undergone. 33

    Appellant further assails the credibility of complainant’s testimony that she was threatened by him with a knife. He contends that, considering appellant’s moral ascendancy over complainant, it was "unnatural" for him to arm himself with a knife to commit the rape. 34

    We agree with the Solicitor General that contrary to appellant’s allegation, it is a natural tendency for a rapist to arm himself to be certain of attaining his objective. 35 Such is the essence of the element with force and intimidation.chanrobles

    Appellant also argues that complainant’s failure to put up a tenacious resistance against her assailant and her composure immediately after the February 14, 1993 rape is behavior unusual for a rape victim. 36

    We disagree. The rule in rape cases is that physical resistance need not be established when intimidation is exercised upon the victim and the latter submits herself, against her will, to the rapist’s embrace because of fear for life and personal safety. 37 In the instant case, complainant was cowed into submission, not only because of appellant’s moral and physical ascendancy over her, but also because of the very real and present threat of physical harm on her person. Complainant’s fear was reinforced by appellant’s threats of harming her brothers should she report the rapes. 38

    That complainant was calm and composed after the February 14, 1993 incident is not a ground for dismissing her testimony as unusual for a rape victim. Different people react differently to different situations and there is no standard form of human behavioral response when one is confronted with a frightful experience. 39 The victim’s mien, rather than composure, could mean resignation, considering her continuing suffering, or apoplexy and numbness as aftermaths of her ordeal.

    Appellant further argues that there was no rape on February 14, 1993, as may be concluded from the testimony of Medico-Legal Officer Jesusa O. Nieves that the lacerations, already healed, were sustained seven or more days prior to the date of examination. 40

    Healed lacerations do not negate rape. 41 The hymenal lacerations here may have been inflicted on the occasion of the prior rapes, which explains why these have already healed. The latest rape incident occurred on February 14, 1993, or three days from the date of physical examination.

    It must be noted that, even absent a medical examination, the accused can still be convicted of the crime of rape. 42 When a woman says that she has been raped, she says in effect all that is necessary to show that rape has been committed and that if her testimony meets the test of credibility, the accused may be convicted on the basis thereof. 43

    Complainant’s tribulation, which began in 1990, ended with the conviction of appellant in 1994. We affirm such conviction, bringing to a close a dark chapter in complainant’s young life.

    WHEREFORE, the instant appeal is DISMISSED. The trial court’s joint decision in Criminal Cases Nos. Q-93-42335 and Q-93-92336 dated December 29, 1994 is AFFIRMED in toto.

    SO ORDERED.

    Bellosillo, Vitug and Hermosisima, Jr., JJ., concur.

    Padilla, J., is on leave.

    Endnotes:



    1. Rollo, pp. 9-10.

    2. Id., at 11-12.

    3. Record, p. 18.

    4. Id., at 212.

    5. TSN, June 17, 1993, p. 3; TSN, July 30, 1993, p. 3.

    6. Id., at 4; Id., at 4.

    7. Id., at 5.

    8. TSN, July 1, 1993, p. 2.

    9. Ibid.

    10. TSN, July 30, 1993, p. 5.

    11. See note 8.

    12. Id., at 3.

    13. Ibid.

    14. TSN, September 29, 1993, p. 2.

    15. Id., at 3.

    16. Ibid.

    17. Id., at 4.

    18. Id., at 5.

    19. Ibid.

    20. Id., at 6.

    21. Ibid.

    22. Id., at 7.

    23. TSN, October 13, 1993, p. 5.

    24. Exh. "A" .

    25. Exh. "B", Record, p. 117.

    26. Exh. "E" .

    27. Rollo, p. 77.

    28. See note 25.

    29. See Resolution of Prosecuting Attorney Emmanuel Y. Velasco dated March 11, 1993 in I.S. No. 93-142; Record, p. 2.

    30. See note 25.

    31. TSN, November 4, 1993, p. 252.

    32. See cases re affidavits.

    33. People v. Ching, 240 SCRA 267 (1995).

    34. Rollo, pp. 78-79.

    35. Id., at 134.

    36. Id., at 79.

    37. People v. Ramos, 245 SCRA 405 (1995); People v. Padre-e, 249 SCRA 422 (1995); also People v. Conte, 247 SCRA (1995) where it was held that the absence of resistance on the part of the complainant on the subsequent occasions that the accused had carnal knowledge with her did not make voluntary her submission to the criminal acts where the intimidation was a continuing one.

    38. See note 8 at p. 4.

    39. People v. Espinoza, 247 SCRA 66 (1995); People v. Malunes, 247 SCRA 317 (1995); People v. Ibay, 233 SCRA 15 (1994).

    40. See note 1 at p. 80.

    41. People v. Espinoza, 247 SCRA 66 (1995); People v. Liquiran, 228 SCRA 62 (1993).

    42. People v. Sadang, 233 SCRA 413 (1994); People v. Liquiran, supra; People v. Rostata, Jr., 218 SCRA 657 (1993).

    43. People v. Liquiran, supra.

    G.R. Nos. 119362 & 120269   June 9, 1997 - PEOPLE OF THE PHIL. v. RICARDO O. RABOSA


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