ManilaSECOND
DIVISION
PEOPLE
OF THE PHILIPPINES,
Plaintiff-Appellee,
G. R. No. L-61255
October 28, 1983
-versus-
JAIME
CALIMQUIM,
Accused-Appellant.
D
EC I S I O N
ABAD SANTOS, J.:
Jaime Calimquim
was accused of Rape in the defunct
Municipal Court of Sta. Barbara, Pangasinan. The verified complaint was
filed by Angel F. de los Reyes, father of the girl said to have been
raped,
and it reads as follows:
That at about 8:00 m.m. of April 8, 1978,
inside
the public market, in Poblacion Sur, Municipality of Santa Barbara,
Province
of Pangasinan, Philippines and within the jurisdiction of this
Honorable
Court, the above- named accused, did then and there wilfully,
unlawfully
and feloniously with lewd designs and by means of intimidation,
committed
the crime of RAPE on the person of Corazon de los Reyes y Anguid, 14
years
old and a physically retarded girl, in the mezzanine of the accused,
situated
also at the public market, Sta. Barbara, Pangasinan, until the latter
had
successful intercourse with the victim, to the damage and prejudice of
the undersigned, in such amount as may be awarded under the provisions
of the Civil Code of the Philippines. Medical Certificate is hereto
attached.
[Expediente, p. 1].
The accused
waived preliminary investigation, for
which reason, the case was elevated to the defunct Court of First
Instance
at Dagupan City where it was docketed as Criminal Case No. D-1964. A
plea
of not guilty was entered by the accused on September 12, 1978, and
after
a protracted trial, a decision dated June 24, 1982, was finally
rendered
with the following dispositive portion:
WHEREFORE, the Court finds the accused
Jaime
Calimquim, alias "Enong" guilty beyond reasonable doubt of the
crime
of Rape, and pursuant to law, hereby sentences him to suffer the medium
penalty of reclusion perpetua [life imprisonment], to indemnify the
victim
and aggrieved party, Corazon de los Reyes, in the amount of P12,000.00
as moral damages, and to pay the costs. [Rollo, p. 39].
The case is now
before this Court on appeal.The People's version of the facts is as
follows:
This is a case of
rape against a 14-year old girl
who is mute, and is, as found by the lower court, "a physically, if not
mentally-retarded child."
The hapless
victim, Corazon, is the youngest of
five children of the spouses Angel and Luz de los Reyes. The couple has
a market stall inside the public market of Sta. Barbara, Pangasinan
which
the couple and their children use as living quarters [TSN, July 6,
1979,
pp. 33-36].The appellant, Jaime
Calimquim,
30, single at the time of the incident, operates a light and sound
system
for hire. He also occasionally helps his mother, Maria Calimquim, to
tend
to their stall which is also inside the public market of Sta. Barbara.
The stall of the Calimquims and that of the parents of Corazon are
about
8 meters apart. The Calimquims also use their stall as living quarters
[TSN, Jan. 7, 1982, pp. 5-8].cralaw:red
Corazon was born
mute. She can hear however. According
to her mother, Corazon communicates thru her actions [TSN, July 6,
1979,
p.35]. Jaime has known Corazon
since
she was five years old. He used to see her almost everyday from 1973 to
1978 in the market (TSN, March 31, 1982, p. 20). He describes her "as
somewhat
crazy, she cannot speak, and she uses her fingers when she talked and
she
always bends her head, [and] is physically unbalanced" [TSN, March 31,
1982, p. 21].cralaw:red
Corazon has a
playmate, Levy Calimquim, an 8-year
old niece of Jaime. They used to play in the latter's stall [TSN, March
31, 1982, p. 21]. On April 8, 1978,
at about 8:00 o'clock in the evening, Corazon arrived home at the stall
of her parents. She came from the stall of Jaime Calimquim [TSN, July
6,
1979, p. 44]. She looked pale, sweating and frightened [TSN, July 6,
1979].
She was trembling [TSN, Oct. 10, 1979, p. 4]. There were blood spots on
her panty [TSN, July 6, 1979, p. 38; Oct. 10, 1979, p. 4]. Asked by her
mother what happened, Corazon laid down and made a demonstration with a
forward and backward movement of her hips. She pointed to her vagina
with
a push and pull motion [TSN, July 6, 1979, pp. 40-41].cralaw:red
While making a
demonstration of what happened,
Corazon was pointing to the stall of Jaime. She cupped her breast with
her hand and at the same time made a push and pull movement of her hips
[TSN, Oct. 10. 1979, p. 6].Thinking at
first
that Corazon had menstruation, her mother, Luz de los Reyes washed
Corazon's
private parts. Corazon felt some pain. Asked again by her mother what
really
happened, Corazon repeated with gyrations of her hips, at the same time
pointing to the stall of Jaime Calimquim [TSN, Oct. 10, 1979, p. 5].cralaw:red
During all the
time that Corazon was demonstrating
what happened to her, Jaime was standing near their stall observing
[TSN,
July 6,1979, p. 38; Aug. 7,1979, pp, 11-14]. Luz
then called for her husband to inform him about the incident [TSN, Oct.
10, 1979, p. 6]. Together with Corazon, they proceeded immediately to
the
house of barrio councilman Rodrigo Bautista. The latter advised them to
see a doctor to have Corazon examined [TSN, Nov. 14, 1979, pp. 11-12].
They then proceeded to the Pangasinan Provincial Hospital in Dagupan
City.
Corazon was examined at 10:25 o'clock that same evening, April 8, 1978,
by Dr. Fatima De Leon. After examining Corazon, Dr. De Leon remarked:
"Brother,
this is rape and this is still fresh, so you try to file a case in
court"
[TSN, Nov. 14, 1979, p. 13].cralaw:red
Dr. De Leon
issued a medico-legal certificate,
Exhibit "A", as follows:
April 11, 1978
TO WHOM IT MAY CONCERN:
This is to certify that Corazon de los
Reyes,
15 years of age, female, single, Filipino, and a resident of Sta.
Barbara,
Pangasinan, has been attended in this hospital on April 8, 1978, at
10:25
P.M. for:
conscious ambulatory
Menarche none
Physical Examination no sign
of
external
physical injury, except a laceration at fourchet, measuring. 5 cm. long.
Internal examination
Vagina admits two fingers
easily.
Hymen fresh laceration at
3-7-9
o'clock
position.
Cervix close, firm
Uterus small
Anexae free
Vaginal smear for spermatozoa
negative
Patient was not admitted in this
hospital.
REMARKS:______________________
In the opinion of the undersigned, the
injuries
will require medical attendance for a period of from to ________(
) to ___________( ) ____________unless complications set in or
manifestation
due to internal injuries which were apparent at the time of examination
that may later appear.
[Sgd.] FATIMA O. DE LEON, M.D.
Resident Physician/vms
Copy furnished:
Station CCommander,
Sta. Barbara, Pang.
BY
[Illegible]
On April 11,
1978, the incident was reported to the
Sta. Barbara Police Department. Luz de los Reyes gave a statement
narrating
the incident [Exh. "B", Exh. "1"]. She also gave a statement before the
Municipal Judge of Sta. Barbara, Pangasinan [Exh. "C", Exh. "2"].
The criminal complaint was filed on April
11,
1978
[Exh. "D"]. [Brief, pp. 1-6].
The only issue in
this appeal is the credibility
of witnesses as shown by the assignment of errors, to wit:
I.chanrobles virtual law libraryThat the guilt of the accused
has not
been proved beyond reasonable doubt.chanrobles virtual law libraryII.chanrobles virtual law libraryThat the Trial Court erred in
convicting
the accused.chanrobles virtual law library[Brief, p. 3].
On the
credibility of witnesses, well-settled
is the rule that the findings and conclusions of the trial court
command
great respect and weight because it was in a better position to examine
real evidence as well as to observe the demeanor of witnesses while
testifying
in the case. The rule can only be partially applied in this case
because
Judge Wilhelmo C. Fortun who penned the decision did not preside over
the
trial from the beginning to the end. Judge Justo Orros, Jr. tried the
case
when the prosecution presented its evidence and then Judge Fortun took
over. For this reason, the record has been examined with more than the
usual care in order to avoid a miscarriage of justice.cralaw:red
The appeal must
fail.cralaw:red
The appellant
claims that no rape was committed
because of the circumstances of many persons present at 8:00 p.m. in a
public market. This claim is best refuted by Judge Fortun who had
personal
knowledge of the circumstances. He said:
The defense tried
to show the improbability of
the accused's having committed the crime charged, considering that the
other stalls near the accused's stall were still open at the time of
its
alleged commission, and there were still many buyers or shoppers
thereat
and the stalls were even lighted with electric bulbs. It is highly and
inherently improbable that at 8:00 p.m. when accused raped Corazon,
there
were still many buyers in the market. The Court can take judicial
notice
of the fact that at 8:00 p.m., provincial markets are already deserted.
Market vendors usually close their stalls as early as 6:30 or 7:00 p.m.
Besides, the evidence disclosed that the rape victim, Corazon de los
Reyes,
is mute being a physically, if not mentally-retarded child. She cannot
speak or shout while being sexually attacked and abused by accused.
Accused
very well know that condition of Corazon de los Reyes, having,
admittedly,
known her since the time she was only 5 years old. He, therefore, took
advantage, knowing she will not and can not raise an outcry, thereby
precluding
risk of detection or discovery by the people in the market. [Rollo, pp.
37-38].cralaw:red
The appellant
claims that he did not rape Corazon;
that she sustained injuries in her genitalia because of her fall to the
cement floor as she slid down the bamboo balustrade of the stairs going
to the mezzanine of his mother's stall when she played with Levy
Calimquim;
and she was negative for spermatozoa.cralaw:red
Corazon
admittedly is not only a mute but also
a retardate. But when she was placed on the witness stand she was able
to convey, albeit vaguely what happened to her.cralaw:red
Corazon testified
through interpreter, Mrs. Dominga
Quejado, who was supplied by the prosecution. To check on Mrs. Quejado,
the defense had Mr. Leonardo Tagapia. The qualifications of both
interpreters
were scrutinized and found satisfactory.cralaw:red
In fairness to
the appellant, the testimony of
Corazon on December 6, 1979, is hereby reproduced:
COURT
Are the interpreters here?
ATTY AREOLA
Yes Your Honor, we have the
interpreter
coming
from Manila Mr. Leonardo Tagapia.
FISCAL DANCEL
Mrs. Dominga Quejado is here, Your
Honor.
COURT
Mrs. Quejado, will you please
apprise the
witness
the obligation of our "oath" which she will take before giving her
testimony.
ATTY AREOLA
May we make it of record that when
the
witness
has been advised at the injunction of the court, to testify the truth
and
nothing but the truth, the witness answered in the affirmative, Your
Honor.
COURT
May I remind both interpreters
that
they
are both under oath.
DIRECT EXAMINATION BY
FISCAL DANCEL
Q Will you please state your name,
age,
and other
personal circumstances?
A CORAZON DE LOS REYES, after having
been
duly
sworn to in accordance with law, stated that she is sixteen years old.
She further testified as follows:
MRS. QUEJADO
Your Honor, she could not
mention
her name,
I think she does not understand, Your Honor.
MR. TAGAPIA
The way I observe she can
talk, she
can
hear, if only my co-interpreter will come closer and by lip reading
perhaps,
she can interpret what the witness wants to imply.
FISCAL DANCEL
Q You are Corazon de los Reyes?
A Yes sir.
Q How old are you?
A Sixteen (16) years old.
ATTY AREOLA
May we make it of record that
when
witness
was asked of her age, she made a sign of her age, with all her fingers
indicating sixteen (16).
FISCAL DANCEL
Q Who is you mother?
A (Witness pointing a person
seated
in the
courtroom, who, when asked her name, she identified herself as Luz de
los
Reyes).
Q Now do you know the accused in
this case
by
the name of Jaime Calimquim, alias "Inong"?
A Yes sir.
Q Will you please point to him if he
is in
court?
A (Witness pointing to someone who
is
seated in
the courtroom, who, when asked his name, identified himself as Jaime
Calimquim).
Q What did Jaime Calimquim do to you?
ATTY. AREOLA
Vague, Your Honor.
COURT
Sustained.
FISCAL DANCEL
Q On April 8, 1978 at around 8:00
o'clock
in the
evening at Sta. Barbara, Pangasinan, did you see the accused Jaime
Calimquim
alias "Inong"?
A Yes sir.
Q Where did you see the accused,
Jaime
Calimquim
alias "Inong"?
A She pointed at a certain place
saying
"diman"
ATTY. AREOLA
I would like to make this
observation that
when the question 'where' has been asked several times [3 times] by the
interpreter and the witness has been turning her head left to right and
then after the question has been repeated for the third time, the
interpreter
is pointing to a direction towards Sta. Barbara, Pangasinan.
MRS. QUEJADO
It was the witness, Your
Honor, who
pointed
to Sta. Barbara, Your Honor.
ATTY. AREOLA
I am trying to be honest and I
saw
it with
my two eyes that the interpreter pointed to Sta. Barbara, Pangasinan,
touching
the shoulder of the witness.
COURT
The Court did not observe that
the
interpreter
made any gesture or pointing. Next question.
FISCAL DANCEL
Q Now what did Jaime Calimquim alias
'Inong' do
to you when you saw him on April 8, 1978 at around 8:00 o'clock in the
evening at Sta. Barbara, Pangasinan?
INTERPRETER
Your Honor, she understands
but she
cannot
answer.
ATTY. AREOLA
I would like to make it of
record
this observation,
that despite the lapse of sometime on two repeated questions on the
same
impulse, witness did not make any answer.
FISCAL DANCEL
I observe Your Honor that
witness
made some
movements, in fact she is now moving.
COURT
The court observed that
witness made
a little
jerk. Ask another question.
FISCAL DANCEL
Q What happened to you when
you saw
Jaime
Calimquim the accused, alias "Inong" at Sta. Barbara, Pangasinan on
April
8, 1978 at around 8:00 o'clock in the evening? Will you please
demonstrate
to this Court if something happened to you?
COURT
Make if of record that witness
just
smiled
then remained quiet.
ATTY. AREOLA
I want to further show that as
the
interpreter
was asking the question, witness was looking directly to the face of
the
interpreter.
WITNESS
A (At this juncture the witness is
putting
both
her hands on her breasts make a one forward movement of her hip).
FISCAL DANCEL
Q Will you please get down from your
chair
and
stand and demonstrate on the floor what happened to you when you saw
Jaime
Calimquim, alias Inong'?
A (Witness lied, with face downward
to the
floor).
COURT
Wait a minute. To avoid any
question
later
on, I think we are communicating well with the witness. The way the
questions
have been interpreted to her, she seem to understand for which reason
we
will now require the official interpreter of the Court to do the
interpretation.
We will ask the assistance from both interpreters if necessary. To
avoid
suspicions, it is now the official court interpreter who will interpret
from now on. Now proceed.
(After the question has been
repeated)
WITNESS
A (Witness again makes a
forward
movement
of her hip two times).
FISCAL DANCEL
Q What else did Inong do to you?
ATTY. AREOLA
We will object to that
question,
because
it has been asked several times.
COURT
Because of the apparent
difficulty
in getting
responsive answer from the witness, the Court will be considerate and
allow
the question to be asked again.
FISCAL DANCEL
Q Did you understand my question,
which is
"what
did Jaime Calimquim do to your panty"?
A Yes sir.
Q My question to you is, what
did
Jaime
Calimquim do to your panty, will you please demonstrate it to the court?
A (Witness again demonstrated
to the
court,
forward movements of her hip, two [2] times).
Q Do you know what a panty is?
A No sir.
FISCAL DANCEL
May I ask the interpreter to
interpret panty
as "carson".
ATTY. AREOLA
I will object, witness says
she does
not
know a panty, Your Honor, then how could she
COURT
Q Do you have a "carson" now with
you?
WITNESS
A Yes sir.
FISCAL DANCEL
Q Will you please show it to the
Court the
"carson"
you are wearing now?
ATTY. AREOLA
I want to make it of record
that
after the
question has been asked from witness, the witness was laughing and
looking
at the interpreter.
WITNESS
A (The witness is pointing to
her
long pants,
colored, "maroon".)
FISCAL DANCEL
Q Now what did Jaime Calimquim do to
your
"carson"
if any. Please demonstrate to the court if there is any. Did you
understand
the question?
WITNESS
A No sir.
ATTY. AREOLA
May I make it of record that
after
two minutes
elapsed, the witness did not give any answer.
COURT
Yes because she said she did
not
understand
the question.
FISCAL DANCEL
Q My question is what did Jaime
Calimquim
do to
your "carson"?
A (Again the witness is
demonstrating to
the Court a forward movement of her hip, two [2] times).
FISCAL DANCEL
Q Were you lying down when Jaime
Calimquim
alias
"Inong" had sexual intercourse with you?
ATTY. AREOLA
Leading, Your Honor.
COURT
Sustained, question has no
basis.
FISCAL DANCEL
Q Do you know the person who
had
sexual
intercourse with you?
ATTY. AREOLA
Your Honor, there is no
evidence to
show
that there was sexual intercourse.
COURT
Sustained.
FISCAL DANCEL
Q Do you know the personYour
Honor I
cannot
ask any other question.
Q Do you know the person who did
that
movement
that you demonstrated before the court?
ATTY. AREOLA
We will object to that, it is
not
imputed
that anybody did any movement to her.
FISCAL DANCEL
There must be somebody because
how
could
there be.
Q You demonstrated before this Court
a
movement
which is a forward movement with your hip, was that done by any person?
A Yes sir.
Q Do you know who was that
person
who did
that to you?
A Yes sir.
Q Will you please tell his
name if
you know?
A "Jaime".
Q Will you please point to
this
Court that
"Jaime" you mentioned if he is here now?
A That one sir. (Witness
pointing to
the
accused, seated in the courtroom, who when asked his name identified
himself
as "Jaime Calimquim").
FISCAL DANCEL
That will be all for the
witness,
Your Honor.
COURT
Cross.
CROSS EXAMINATION BY
ATTY. AREOLA
Q You are a good girl Corazon?
A Yes sir.
Q You love your mother and father?
A Yes sir.
Q You are bright?
A Yes sir.
COURT
The word "maong" may be good.
ATTY. AREOLA
Q You are good?
A Yes sir.
Q You can identify a person whom you
have
seen
before?
A No sir. You remember things that
happened before
you sat down in this chair?
A Yes sir.
Q You know what is daytime and
what
is night
time?
A Yes sir.
Q Now is a daytime, is it not?
A Yes sir.
Q Because there is sun there up, is
it not?
A Yes sir.
Q When you cannot see that sun there
already,
what is it?
FISCAL DANCEL
May I make it of record that
witness
slightly
smiled, apparently she failed to comprehend the meaning of the
question,
Your Honor.
COURT
Ask another question.
ATTY. AREOLA
Q Do you know the name of the
days,
like
days of the week?
A Yes sir.
Q Will you please name them?
A (Witness is making a "nod"
gesture).
ATTY. AREOLA
Evoking that she does not like
to
answer
the question.
FISCAL DANCEL
She cannot mention the days
probably, that
is why.
ATTY. AREOLA
Q Do you know how to count?
A No sir.
Q Do you know the name of the month?
A Yes sir.
Q Will you name some of them?
ATTY. AREOLA
May I make it of record that
the
witness
is nodding her head.
COURT
Ask her if she can say it or
not?
WITNESS
A No sir.
ATTY. AREOLA
Q Why not? You do not know?
A Yes sir.
ATTY. AREOLA
Then how could we appreciate
this
testimony.
COURT
You can ask that later if you
want.
Ask
another question.
ATTY. AREOLA
Q Do you know what is an hour?
A No sir.
COURT
Q What is an hour?
WITNESS
(Witness is nodding her head when
that
question
was asked).
ATTY. AREOLA
Q Do you know what is a minute?
A Yes sir.
Q How many minutes is one hour?
A Witness demonstrated in sign
language
"one".
FISCAL DANCEL
Apparently by indicating one
she is
referring
to the hour which was mentioned.
COURT
She made a gesture of "one"
(1).
FISCAL DANCEL
I observed that witness is
uneasy,
may I
request for a five (5) minutes recess.
ATTY. AREOLA
May I make it of record that
from
the beginning
witness kept on turning all around,
COURT
Make it of record that witness
has
not responded
orally except "yes" and "no" answers, and by "gestures". And counsel is
apparently asking days and months which witness may not able to utter.
FISCAL DANCEL
I made a manifestation that we
should have
a recess, because I observed that witness is making a gesture to her
mother.
ATTY. AREOLA
Alright we have a recess.
COURT
Recess for ten (10) minutes.
(Hearing was
temporarily suspended and resumed at 10:30 o'clock in the morning).
ATTY. AREOLA
Q Now Corazon, are you hungry?
A No sir.
Q I have a candy here, do you
like
this
candy?
A No sir.
Q On question of the Fiscal you said
that
on April
8, 1978 at about 8:00 o'clock in the evening you saw Jaime Calimquim.
Do
you remeber what day was April 8th?
A Yes sir.
Q Will you tell the court what
day
was that
April 8th?
A (Witness is nodding her head when
the
question
was asked).
Q Before coming to Court, have you
seen
this woman
before?
A Yes sir.
ATTY. AREOLA
We want to show that she was
pointing to
Mrs. Dominga Quejado-
Q Where did you see this woman
Mrs.
Quejado
before coming to court?
COURT
How can we get her to answer
if she
knows
only 'yes' or 'no' and by nodding her head.
ATTY. AREOLA
We are testing the credibility of
the
witness
insofar as the right of discernment is concerned. May I ask again my
question,
Your Honor. (After question has been repeated) May I make it of record
that in answer to the last question, witness made a movement of her
head
which is an upward movement.
Q Did you see this woman in your
house in
Sta.
Barbara, Pangasinan before coming to court?
A Yes sir.
Q Could you tell the court what did
this
woman
do in your house in Sta. Barbara?
A Yes sir.
COURT
The interpretation is quite.
Q Could you tell the Court
what this
woman
did in your house?
A Yes sir.
ATTY. AREOLA
Q She talked to you?
A Yes sir.
Q She talked to you about Inong or
about
Jaime
Calimquim?
A Yes sir.
Q She told you to talk about Inong
in
court here?
A Yes sir.
Q That is why you are now talking
about
Inong
before this Court?
A Yes sir.
Q Could you tell exactly what day of
the
month
when this woman went to your house?
A Yes sir.
ATTY. AREOLA
May I make it of record that
witness is
smiling looking at the interpreter, Mrs. Dominga Quejado and was
smiling.
COURT
You ask her could you tell the
day,
but
before that, you ask her first if she could understand the question and
if she can tell the day.
ATTY. AREOLA
Yes, Your Honor.
Q The question I ask here is whether
she
understand
the question.
COURT
You ask that.
(After asking the question
again)
WITNESS
A Yes sir.
ATTY. AREOLA
Q Having understand the
question are
you
in a position or could you be able to tell or say or speak out the date
when this woman went to your house in Sta. Barbara, Pangasinan?
COURT
Q Could you speak out the date when
this
woman
went to your house?
WITNESS
A Yes sir.
COURT
Q Could you please tell it?
ATTY. AREOLA
May I make it of record that
witness
did
not answer the question and witness is just smiling.
COURT
Next question.
ATTY. AREOLA
Q Are you tired now?
A Yes sir.
Q You like that we stopped
talking
now?
A Yes sir.
ATTY. AREOLA
That will be all for the
witness,
Your Honor.
COURT
Any redirect?
FISCAL DANCEL
In the interest of justice
may I
ask additional
direct question for some important points, Your Honor.
COURT
In the interest of justice, in
view
of the
apparent difficulty in questioning the witness, Fiscal is allowed to
ask
additional direct examination questions.
ADDITIONAL DIRECT EXAMINATION BY
FISCAL DANCEL
Q Corazon, will you please point to
your
father?
A That one sir, (Witness pointing to
his
father
who is seated in the courtroom, who when asked his name Identified
himself
as Angel de los Reyes),
ATTY. AREOLA
I would like to make it of
record
that when
the question was asked by the Fiscal and was automatically translated
by
the interpreter, it was automatically answered by the witness, by
pointing
to her father.
FISCAL DANCEL
Q Corazon, do you know a "penis"?
ATTY. AREOLA
This is out of the blue. It
could
not be
the subject of additional direct because it was not covered by her
testimony.
FISCAL DANCEL
In the interest of justice,
because
we forgot
this point, Your Honor.
ATTY. AREOLA
It is not our fault, Your
Honor.
FISCAL DANCEL
May we ask additional question.
COURT
Considering the physical
handicap of
the
witness and with the candid admission of the prosecution that they have
forgotten some important points, and subject to the evaluation of the
court
later on, the question is allowed.
FISCAL DANCEL
Q Did you understand my question
Corazon?
A Yes sir.
Q Do you know what a "penis" is?
A No sir.
Q If you understand it, please
answer my
question?
ATTY. AREOLA
Already answered, Your Honor.
COURT
Already answered. Ask another
question.
FISCAL DANCEL
That will be all for the
witness,
Your Honor.
COURT
Any recross? No further
question?
You are
excused. Any other witness?
FISCAL DANCEL
She is our last witness, Your
Honor.
[TSN,
Dec. 6, 1979, pp. 2-30]
Aside from
Corazon's testimony, there is other evidence
to prove the rape.Luz de los Reyes,
mother
of Corazon, testified that at about 8:00 p.m. on April 8, 1978, Corazon
looked pale, was sweating and frightened. She had blood on her panty.
She
asked Corazon what her problem was and "My daughter stood up and made a
motion of push and pull of her abdomen." Corazon also pointed to her
vagina.
Present at that time were Jaime Calimquim and her other daughter
Divina.
She was told by Calimquim, "I did not do anything to your daughter, and
God knows." Luz brought Corazon to the hospital and reported the matter
to the police authorities. At the hospital Corazon was examined by Dr.
Fatima de Leon. [TSN, May 25,1979].
Romeo Dacasin
testified that on April 8, 1978,
at about 7:00 p.m. he was in the public market of Sta. Barbara,
Pangasinan.
There he saw in the Calimquim stall, Jaime, Corazon and another little
girl. He left the market at about 7:50 p.m. and at that time Corazon
was
still in the Calimquim stall. [TSN, August 8,1979].cralaw:red
Divina de los
Reyes, older sister of Corazon,
testified that after she had finished eating at the public market of
Sta.
Barbara, Pangasinan, on April 8, 1978, Corazon arrived. "She was
frightened
and she was trembling." She had blood on her panty. Their mother
thought
that Corazon had menstruation so she washed the private part of
Corazon.
"When my mother was washing the private part of Corazon, Corazon said
she
felt pain and my mother asked her why she is feeling that pain. After
that
Corazon demonstrated what happened to her and at the same time pointing
to the stall of the accused." Corazon was brought to the hospital. On
April
10, 1978, Maria Calimquim and her son Peling went to the stall of the
De
los Reyes family; they asked forgiveness for what Jaime had done. Angel
de los Reyes, father of Corazon, just kept silent. [TSN, October 10,
1979].cralaw:red
Angel de los
Reyes, father of Corazon, testified
that he was watching television in the evening of April 8, 1978, when
he
was told that his daughter had a problem. He went to the house of
Councilor
Rodrigo Bautista where he saw his wife and Corazon. Bautista told him
to
take Corazon to a doctor. Corazon was taken to Dagupan City where she
was
examined by Dr. de Leon. "After examining, she told me 'Brother this is
rape and this is still fresh, so you try to file a case in court.'"
[TSN,
November 14,1979].cralaw:red
Angel de los
Reyes in fact filed a criminal complaint
for rape against Jaime Calimquim on April 11, 1978, in the Municipal
Court
of Sta. Barbara, Pangasinan.cralaw:red
Dr. Fatima de
Leon identified Exhibit "A", the
medical certificate which she issued after conducting an examination on
Corazon de los Reyes. She said that the laceration on Corazon's labia
majora
measuring 5 cm. could have been caused by forcible contact with a blunt
instrument and a male organ is a blunt instrument. She also testified
that
Corazon's vagina which admitted two fingers easily and the fresh
laceration
on her hymen could have been caused by the penetration of the male
genital
organ. [TSN, May 25, 1979].cralaw:red
The fact that the
appellant's mother sought forgiveness
for her son from Corazon's father is an indication of guilt. [See
People
vs. Olmedollo L-42660, August 30, 1982, 116 SCRA 193]. The
appellant's claim that Corazon's lacerations on her genitalia were
sustained
when she fell on the cement floor is too crude to be convincing. A fall
would at best produce abrasions and contusions but not hymenal
laceration
and bleeding. As to the bleeding, it could not have been due to
menstruation.
According to Dr. de Leon, the word menarche in Exhibit "A" means "that
the patient has not menstruated yet."
The absence of
spermatozoa in the vagina of Corazon
when she was examined by Dr. de Leon avails him not. For according to
the
same doctor, spermatozoa cannot be detected after a few hours because
they
will have dried up. Our jurisprudence tells us that the absence of
spermatozoa
in the vaginal canal does not disprove the commission of the crime of
rape
where the essential element is penetration, not emission [People vs.
Salazar,
L-37791, October 30,1979, 93 SCRA 796]. The
instant case is very similar to that of People vs. Manlapaz, L-41819,
February
28, 1979, 88 SCRA 704. In that case, Therese Endencia was the victim
and
she was the only witness to the act of rape. She could not give a
coherent,
clear and consistent narrative as to how she was ravished because she
was
mentally retarded and speech-defective. The fact of rape was
established
mainly on the testimony of Therese's mother and the physician who
examined
Therese. In the words of the decision:
Mrs. Endencia recounted in court how she
came
to know that Therese had sexual intercourse with Winston [Manlapaz]. On
New Year's Day, January 1, 1973, while Mrs. Endencia was cleaning her
house,
she found two white pills in the locker of Therese. When she queried
her
daughter as to the function of the pills, Therese answered that the
pills
'were for not having a baby' or were contraceptive pills. Mrs. Endencia
found out that her daughter got the pills from Winston and that Therese
had sexual intercourse with him two times. [At p. 709]
We are morally
satisfied that the appellant committed
the crime of rape on Corazon, a mute and a mental retardate. The fact
that
Corazon could not give a coherent narration of the rape does not
detract
from Our conclusion considering that the record is replete with other
evidence
to support it.
WHEREFORE,
finding no error to have been committed
by the Court a quo, its judgment is affirmed in toto. Costs
against the appellant.cralaw:red
SO ORDERED.
Makasiar, Aquino,
Concepcion, Jr., Guerrero, and
Escolin, JJ., concur,
De Castro, J., is on leave. |