
PHILIPPINE SUPREME
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Republic of the
Philippines
SUPREME COURT
Manila
FIRST DIVISION
PEOPLE OF THE
PHILIPPINES,
Plaintiff-Appellee,
G.R.
Nos.
123269-72 & 131243
January 22, 2003
- versus -
MARLON SARAZAN ALIAS
MARLON JARA,
Accused-Appellant.
D E C I S I O N
YNARES-SANTIAGO,
J.:
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Accused-appellant Marlon
Sarazan @ Marlon Jara was charged with five (5) counts of rape in five
separate Informations, to wit: chan
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In Criminal
Case
No. 10003[1]
-
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That sometime in the
month of December 1991, in the evening, at Brgy. Tagumpay, Puerto
Princesa
City, Philippines and within the jurisdiction of this Honorable Court,
the said accused, with the use of force and intimidation, did then and
there willfully, unlawfully and feloniously have carnal knowledge with
one Rachel Dancillo Azares, a minor, 9 years of age, without the
consent
and against the will of the latter. chan
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In Criminal
Case
No. 10005[2]
-
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That sometime in the
month of January 1992, or prior thereto, at Barangay Tagumpay, Puerto
Princesa
City, Philippines, and within the jurisdiction of this Honorable Court,
the said accused, with the use of force, violence and intimidation, did
then and there willfully, unlawfully and feloniously have carnal
knowledge
with one Jovelyn Alohado, a minor, 11 years old, without the consent
and
against the will of the latter. chan
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In Criminal
Case
No. 10006[3]
-
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That on or about the
month of February 1992, or sometime prior thereto, at Barangay
Tagumpay,
Puerto Princesa City, Philippines, and within the jurisdiction of this
Honorable Court, the said accused, with the use of force, violence and
intimidation, did then and there willfully, unlawfully and feloniously
have carnal knowledge with one Jovelyn Alohado, a minor, 11 years old,
without the consent and against the will of the latter. chan
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In Criminal
Case
No. 10007[4]
-
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That on or about the
8th day of March 1992 at Macasaet St., Puerto Princesa City,
Philippines,
and within the jurisdiction of this Honorable Court, the said accused,
with the use of force, violence and intimidation, did then and there
willfully,
unlawfully and feloniously have carnal knowledge with one Jovelyn
Alohado,
a minor, 11 years old, without the consent and against the will of the
latter. chan
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In Criminal
Case
No. 10008[5]
-
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That on or about the
26th day of December 1991, and prior thereto, at Barangay Tagumpay,
Puerto
Princesa City, Philippines, and within the jurisdiction of this
Honorable
Court, the said accused, with the use of force, violence and
intimidation,
did then and there willfully, unlawfully and feloniously have carnal
knowledge
with one Alona Bula, a minor, 8 years old, without the consent and
against
the will of the latter. chan
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CONTRARY TO
LAW.
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Accused-appellant
pleaded
"not guilty" to all counts. The five cases were jointly tried.
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Criminal Case
No.
10003
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Rachel Azares,* a nine
year old girl, testified that at about 8:00 in the evening of December
11, 1991, while she was outside a store, about 10 meters away from her
house, accused-appellant approached her and made her smell something
that
caused her to lose consciousness. When she came to at 8:30 in the
evening,
she found herself at the door of their house. She felt a disturbing
pain
on her hips and in her vagina. Accused-appellant admitted to her that
he
raped her in the house of her aunt. She did not tell her parents about
the rape because she was scared that accused-appellant might kill them.
Her parents learned about the rape incident from Mrs. Grace
Umandap-Cantor,
a teacher at the Puerto Princesa City Pilot Elementary School. Rachel
underwent
medical examination at the Provincial Hospital before filing the case
against
accused-appellant.[6]
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Criminal Cases
Nos. 10005, 10006 and 10007
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Jovelyn Alohado was
only ten years old when the rape subject matter of Criminal Case No.
10005
was committed sometime in January 1992. The other charge for rape in
Criminal
Case No. 10007 occurred on March 8, 1992, when Jovelyn was already
eleven
years old. chan
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In Criminal Case No.
10006, accused-appellant was acquitted for failure of the prosecution
to
prove the charge of rape beyond reasonable doubt. chan
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Jovelyn testified that
she knew accused-appellant as the nephew of their neighbor in Brgy.
Tagumpay,
Puerto Princesa City. Sometime in January 1992, at nighttime, while her
parents were not around, accused-appellant came to their house and made
her smell something that made her dizzy. He held her hand and brought
her
to a banca anchored near their house by the Sea Plane at Brgy.
Tagumpay,
Puerto Princesa City. He forced her to lie down on the banca, removed
her
shorts and panties, inserted his penis into her private organ and made
thrusting motions. She felt extreme pain. She was not able to struggle
because of her dizziness. Afterwards, accused-appellant brought her
back
to her house.[7]
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She did not reveal
her ordeal to her mother or her teacher out of fear that
accused-appellant
would make good his threat to kill all three (Rachel Azares, Alona Bula
and Jovelyn) of them. chan
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Jovelyn further
testified
that in the afternoon of March 8, 1992, while she was playing with
Rachel
Azares, Alona Bula and Roldan Bula, accused-appellant arrived to fetch
her and Roldan. He told them that they would go to the house of his
employer
at Macasaet Street, Puerto Princesa City. When they reached the place,
accused-appellant gave Roldan comic books to read while she was brought
to a room with a folding bed. When both of them were inside the room,
he
took out a knife from his jacket and told her not to tell anybody what
he will do to her. He forced her to lie down, then took off her
clothes,
shorts and panties. He unzipped his pants, pulled out his penis, lay on
top of her, and had sexual intercourse with her. She begged him to stop
because it was painful, but he told her to just bear it. She was not
able
to shout for help because accused-appellant also put his tongue in her
mouth and forced her to swallow his saliva. This, he said, will help
alleviate
the pain. After the sexual abuse, the three of them left the place on
board
a tricycle and went home.[8]
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Jovelyn did not tell
anyone what accused-appellant did because the latter threatened to kill
her.[9]
It was only when she was fifteen years old that she finally mustered
the
courage to tell her mother what happened. She was medically examined by
Dr. Oliver S. Ong, Medical Health Officer III of the Provincial Health
Office of Palawan, who found hymenal lacerations at 3:00, 7:00 and 9:00
positions.[10]
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Criminal Case
No.
10008
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Alona Bula was only
eight years old when she was raped. She testified that on December 26,
1991, at 7:00 in the evening, accused-appellant arrived at their house
in Brgy. Tagumpay, Puerto Princesa City and told her to go to the house
of her grandmother, about fifteen meters away from their house. When
she
got there, accused-appellant offered her a glass of water mixed with
what
looked like shaved wood. She drank it and, moments later, felt dizzy
and
fell asleep. She woke up the following morning and found herself back
in
their house. As she tried to walk, she felt a stabbing discomfort on
her
hips. She also felt pain in her vagina whenever she urinated. chan
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Alona knew
accused-appellant
because he is the cousin of her father. Whenever accused-appellant
would
visit their house, he would tell them stories about witches. Her
parents
only learned about the rape incident in the last week of December after
they read the letter of accused-appellant.[11]
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The other witnesses
for the prosecution testified as follows: chan
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Mrs. Grace
Umandap-Cantor,
a grade school teacher at the Puerto Princesa City Pilot Elementary
School,
testified that on February 26, 1992, at 9:00 in the morning,
accused-appellant
came to school and introduced himself as the uncle of Jovelyn Alohado.
She overheard accused-appellant talk to Jovelyn about their
relationship.
When Jovelyn came back to the room, she inquired about their
conversation
but Jovelyn replied, "Ma’am hindi ko po puedeng sabihin sa inyo."
(Ma’am,
I cannot tell you.)[12]chan
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On March 4, 1992, she
got hold of a letter from accused-appellant addressed to Jovelyn
Alohado.
At that time, Jovelyn and her other students were having their mastery
test. Fearing that the contents of the letter might disturb Jovelyn,
she
read the letter together with her co-teacher and found out that
accused-appellant
had sexually abused three students from Pilot Elementary School,
including
Alona Bula. After reading the letter, she told Jovelyn to bring her
mother
to the school.[13]
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Roldan Bula testified
that one Saturday afternoon in March 1992, accused-appellant told him
that
he would bring Jovelyn to the doctor for treatment. He went with
accused-appellant
and Jovelyn on board a tricycle to a house on Macasaet Street. While
they
were in the house, he heard Jovelyn shout and cry for about ½
hour
while she was inside a room together with accused-appellant. He did not
peep into the room because accused-appellant prohibited him from doing
so. When they left, Jovelyn was crying. On their way home, he asked
accused-appellant
what he and Jovelyn did inside the room, but he did not answer.[14]
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In his defense,
accused-appellant
denied having sexually abused the three private complainants. He
testified
that Alona Bula is his cousin while Rachel Azares and Jovelyn Alohado
were
his neighbors. The three private complainants were close to him and
even
called him "Kuya." He admitted having sent a letter to Jovelyn but it
was
meant as a joke. He did not know the reason for the charges of rape
filed
against him by the three private complainants. chan
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In Criminal Case No.
10003, accused-appellant denied Rachel’s accusation of rape, saying
that
he went to Aborlan on December 22, 1991[15]
and returned to Puerto Princesa City on February 10, 1992.[16]
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In Criminal Cases Nos.
10005 and 10007, accused-appellant claimed that he was in Aborlan the
whole
month of January 1992. On March 8, 1992, accused-appellant returned to
Aborlan and came back to Puerto Princesa City only on March 9, 1992.[17]
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In Criminal Case No.
10008, accused-appellant claimed that prior to December 1991, he was
residing
with his aunt, Estelita Descatamiento. He also worked there from June
15,
1990 to November 1990 as a repacker of dried fish. Alona is the niece
of
Estelita Descatamiento.[18]
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On October 2, 1995,
the Regional Trial Court of Puerto Princesa City, Branch 48, rendered a
joint decision,[19]
the dispositive portion of which reads:
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WHEREFORE, premises
considered, the Court finds: chan
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1. In Crim. Case Nos.
10003 and 10008 wherein Rachel Azares and Alona Bula are the private
complainants
involved respectively and in Crim. Case Nos. 10005 and 10007 both
involving
only Jovelyn Alohado, MARLON SARAZAN @ MARLON JARA GUILTY beyond
reasonable
doubt as principal of the crime of rape defined and penalized under
Article
335 of the Revised Penal code and is hereby sentenced to suffer the
penalty
of RECLUSION PERPETUA for each cases (sic) and to indemnify RACHEL
AZARES
and ALONA BULA the sum of P50,000.00 each, JOVELYN ALOHADO the sum of
P100,000.00
without subsidiary imprisonment in case of insolvency and to pay the
costs.
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2. In Crim. Case No.
10006, for failure of the prosecution to prove the guilt of MARLON
SARAZAN
@ MARLON JARA, he is hereby ACQUITTED of the crime charged. With costs
de oficio. chan
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The preventive
imprisonment
undergone by the accused shall be credited in the service of his
sentence.
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SO ORDERED.[20]
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In the instant appeal,
accused-appellant contends that the trial court committed reversible
error
in not acquitting him on the basis of reasonable doubt. He further
argues
that there is no evidence of sexual intercourse; that the letter he
sent
to Jovelyn Alohado failed to show that he had carnal knowledge of any
of
the private complainants; and that his defense of denial and alibi
should
not have been disregarded. chan
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The arguments of the
accused-appellant fail to persuade us. chan
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When the credibility
of witnesses is in issue, the trial court’s assessment is accorded
great
weight because it has the unique opportunity to hear the testimony of
witnesses
and observe their deportment and manner of testifying.[21]
Thus, on appeal, the trial court’s findings are accorded finality,
unless
there appears in the record some fact or circumstance of weight which
the
lower court may have overlooked, misunderstood or misappreciated, and
which
if properly considered, would alter the results of the case.[22]
We find no sufficient justification to deviate from this time-honored
principle
in this appeal. We have thoroughly reviewed the records of this case
together
with the evidence on record and we find no cogent reason to depart from
the conclusion reached by the trial court. chan
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Private complainants’
loss of consciousness during the precise time of rape is not a
compelling
reason to disregard the weight of the testimonies of the three private
complainants who testified on affirmative matters. To be sure, private
complainants testified to facts and circumstances that occurred prior
and
subsequent to the rape, and which logically proved the commission
thereof
by accused-appellant. chan
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In a litany of cases,[23]
the Court sustained the trial court’s conviction of an accused for rape
on the basis of indirect evidence proffered by a rape victim. In the
case
of People v. Fabro,[24]
citing People v. Palapal[25]
and People v. San Pedro,[26]
it was held - chan
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It is but to be
expected
that if the sexual assault was committed against the victim while the
latter
was in a state of unconsciousness, she would not be able to testify on
the actual act of sexual intercourse. It is precisely when the sexual
intercourse
is performed when the victim is unconscious that the act constitutes
the
statutory offense of rape (e)specially when, as in the instant case,
the
loss of consciousness was the result of appellant's act of violence. x
x x chan
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x x x Of course, an
unconscious woman will not know who is raping her. If the defense
theory
were to be adopted, then it would be impossible to convict any person
who
rapes an unconscious woman, except only where a third person witnesses
the crime. Henceforth, the clever rapist would simply knock his
potential
victim out of her senses before actually raping her, to be later
immunized
from conviction for insufficient identity. chan
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In a situation like
this, the identity of the rapist is determined by the events preceding
or following the victim’s loss of consciousness. x x x chan
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In the same vein, a
woman raped while unconscious will not be able to narrate to the court
her defloration during that state. Nonetheless, her violation may be
proved
indirectly by other evidence. chan
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The three private
complainants
- Rachel Azares, Alona Bula and Jovelyn Alehado - were straightforward,
categorical and unflinching in positively identifying accused-appellant
as the same person who approached them and rendered them dizzy, weak
and/or
unconscious prior to raping them. They likewise unanimously declared on
the witness stand that after each of them regained consciousness, all
three
of them experienced discomfort in their hips and in their genitalia.
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For the foregoing
reason,
there is likewise no merit in accused-appellant’s contention that his
conviction
was based mainly on his letter to Jovelyn Alohado. The letter reads: chan
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Dear Nining, Enday,
& Alona, chan
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Kaya ako nag Sulat Sainyo
ay gosto kong wag kayong mag alaala sa inyong kalagayan diyan lalo kana
Nining ay buo na ang iyong Bibi, sa tiyan mo Ningning kaya wag kang
matakot
pag nakapunta ako diyan ay bibigyan kita ng gamot diyan ganon din kay
"Jovilyn"
na buo narin sa kanya pero kay "alona" ay hindi gaano kasi walong bisis
kona siyang inolitan kaya matagal pa mag buo ang kanyang tiyan niya
kaya
ikaw "Ningning" ay wag kang matakot sa pagbuo ng iyong bibi mo at sakin
ay hindi kita pababayan kaya maroon lang akong itatanong sa iyo na kong
nag susuka kana o hindi ay gosto kong malaman ko kaagad dito pati na si
"Jovilyn" ay sabihan morin siya kong nag susuka rin o hindi, kaya
dalawa
kayong magsulat sa akin dito kaya "Ningning" kapag nag patigas kayo ng
olo na hindi ninyo ako sinolatan dito ay bahala kayo sa buhay ninyo ni
"Jovilyn" at hindi koyan aakoin ang inyong Bibi kapag nag buntis kayong
dalawa ni "Jovilyn" problima na ninyo sa magolang ninyo na mag buntis
kayo
pero "Ningning" kong matakot kayo sa magolang ninyo na ma buntis kayo
ay
sulatan mo ako kaagad para malaman ko ang iyong kalagayan diyan kong
nag
susoka ka o hindi kaya sundin mo ang sinasabi ko sa aking sulat na ito
para hindi tayo mag karuon ng problima sa iyo "Ningning" kaya hintahin
ko ang iyong ganti mo hanggang lunis Pitsa, 3 ng February, kaya wag
kayong
magpatigas ng olo ninyo ni "Jovilyn" gantihan ninyo kaagad, ito pala
ang
aking address: chan
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TO: Marlon S. Jara chan
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Public Markit chan
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Aborla Palawan chan
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c/o Azucina Castro x x x[27]
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The fact that no direct
act of sexual congress was particularly mentioned in the letter of
accused-appellant
is no reason for us to ignore the other pieces of evidence of
defloration
committed on the three private complainants. As the trial court
correctly
opined - chan
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x x x For accused to
claim the contents of the letter as a mere joke is shallow to the
appreciation
of any average mind. If accused has a mental defect even without
subjecting
him to mental tests of psychologists and/or doctors, that extent of
lewdness
in the questioned letter or message to the rape victims is a reflection
of some capacity to have committed the charges on him. chan
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Time and again, we have
consistently ruled that when a woman, more so if a minor, states that
she
has been raped, she says in effect all that is necessary to show that
rape
was committed.[28]
For no woman, least of all a child, would weave a tale of sexual
assaults
to her person, open herself to examination of her private parts and
later
be subjected to public trial or ridicule if she was not, in truth, a
victim
of rape and impelled to seek justice for the wrong done to her.[29]
Thus, when the testimonies of an accused are pitted against the
positive
testimony of the rape victim who testified in a categorical,
straightforward,
spontaneous and frank manner, and who remains consistent, the rape
victim
is regarded as a credible witness, as in this case. chan
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What is more, it is
unbelievable that the parents of the three private complainants would
expose
their daughters to embarrassment, ridicule and stigma just to mollify
their
feelings and falsely accuse an innocent man for a beastly act of rape.
Worthy of note is the admission of accused-appellant himself that Alona
Bula is his cousin while Rachel Azares and Jovelyn Alohado were his
neighbors
at Barangay Tagumpay, Puerto Princesa City. Accused-appellant likewise
declared that he was even referred to by the three private complainants
as their "Kuya" and he regarded them as his sisters. These declarations
of accused-appellant only underscore the fact that the private
complainants
had no ill-motive to falsely accuse him of rape; rather they were
motivated
by a desire to punish him as the author of the loathsome acts of rape
upon
their persons. It is well-settled that testimonies of victims who are
young
and of tender age deserve full credence and should not be so easily
dismissed
as a mere fabrication,[30]
especially where she has absolutely no motive to testify against the
accused.[31]
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Similarly, the assertion
of accused-appellant that rape is negated by the absence of laceration
on the vagina of the three private complainants deserves scant
consideration.
Although only Jovelyn Alohado was medically found to have vaginal
lacerations,
the trial court was correct in finding accused-appellant guilty beyond
reasonable doubt of having raped Rachel Azares and Alona Bula. chan
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The rule is well-settled
that the absence of lacerations on the vagina does not necessarily
negate
rape. The fact that the hymen was intact upon examination does not
belie
rape, for a broken hymen is not an essential element of rape, nor does
the fact that the victim has remained a virgin negate the crime.[32]
In a prosecution for rape, the material fact or circumstance to be
considered
is the occurrence of the rape,[33]
which the prosecution in this case was able to prove beyond reasonable
doubt. chan
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Anent his defense of
denial and alibi, accused-appellant failed to present convincing proof
that it was physically impossible for him to be at the locus criminis
during
the dates and times when these separate acts of rape were committed on
the three minor private complainants. It appears that it only takes an
hour to travel by public transportation from Puerto Princesa City to
Aborlan,
and vice versa.[34]
At any rate, accused-appellant’s bare denials, which are
unsubstantiated
by convincing evidence, are not sufficient to create a reasonable doubt
of the commission of the crimes. When the evidence convincingly
connects
the crime and the culprit, the probative value of denial becomes quite
negligible.[35]
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All told, the conviction
of accused-appellant Marlon Sarazan @ Marlon Jara for four counts of
rape
in Criminal Cases Nos. 10003, 10005, 10007, and 10008 should be
affirmed.
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The trial court was
correct in awarding to the private complainants the amount of
P50,000.00
as civil indemnity for each act of rape.[36]
In addition, and consistent with prevailing jurisprudence, the amount
of
P50,000.00 should likewise be awarded as moral damages for each count
of
rape.[37]
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WHEREFORE, in view
of all the foregoing, the decision of the Regional Trial Court of
Puerto
Princesa City, Branch 48, in Criminal Cases Nos. 10003, 10005, 10007
and
10008 finding accused-appellant MARLON SARAZAN @ MARLON JARA guilty
beyond
reasonable doubt of four counts of rape and sentencing him to suffer
the
penalty of reclusion perpetua for each count, is AFFIRMED with the
MODIFICATION
that accused-appellant is ordered to pay the following: chan
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(a) In Criminal Case
No. 10003, private complainant Rachel Azares is awarded the amounts of
P50,000.00 as civil indemnity and P50,000.00 as moral damages;
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(b) In Criminal Case
No. 10008, private complainant Alona Bula is awarded the amounts of
P50,000.00
as civil indemnity and P50,000.00 as moral damages; and
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(c) In Criminal Cases
Nos. 10005 and 10007, private complainant Jovelyn Alohado is awarded
the
sums of P100,000.00 as civil indemnity and P100,000.00 as moral
damages.
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SO ORDERED. chan
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Davide, Jr., C.J.,
(Chairman), Vitug, Carpio, and Azcuna, JJ., concur. chan
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____________________________
Endnotes:
[1]
RTC Records, p. 2-a. chan
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[2]
Ibid., p. 9. chan
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[3]
Id., p. 12. chan
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[4]
Id., p. 16. chan
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[5]
Id., p. 22. chan
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*
Spelled as 'Richel Azares' in the TSN. chan
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[6]
TSN, November 20, 1992, pp. 4-15. chan
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[7]
TSN, September 30, 1998, pp. 4-11. chan
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[8]
Ibid., pp. 11-17; TSN, October 30, 1992, p. 12. chan
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[9]
TSN, September 30, 1998, pp. 26 & 28. chan
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[10]
Records, p. 376. chan
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[11]
TSN, November 19, 1992, pp. 3-13. chan
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[12]
TSN, August 14, 1992, pp. 3-6; TSN, August 6, 1998, p. 15.
[13]
Ibid., pp. 7, 10. chan
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[14]
TSN, August 13, 1992, pp. 3-9, 11. chan
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[15]
However, record (TSN, February 13, 1995, p. 2) shows that
accused-appellant
went to Aborlan on December 24, 1991.
[16]
Rollo, p. 54. chan
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[17]
Ibid. chan
robles virtual law library
[18]
Ibid, at p. 55. chan
robles virtual law library
[19]
Penned by Judge Amor A. Reyes. chan
robles virtual law library
[20]
Rollo, p. 60. chan
robles virtual law library
[21]
People v. Manlod, G.R. Nos. 1422901-02, July 23, 2002. chan
robles virtual law library
[22]
People v. Dy, et al., G.R. Nos. 115236-37, January 29, 2002, citing
People
v. Alvarez, G.R. Nos. 135552-53, June 21, 2001.
[23]
People v. Tabarangao, 303 SCRA 623 (1999); People v. Abiera, 222 SCRA
378
(1993); People v. Ulili, 225 SCRA 594 (1993); People v. Santiago, 197
SCRA
556 (1991).
[24]
239 SCRA 146 (1994). chan
robles virtual law library
[25]
114 SCRA 783 (1982). chan
robles virtual law library
[26]
193 SCRA 384 (1993). chan
robles virtual law library
[27]
Exhibit 'C'. chan
robles virtual law library
[28]
People v. Dulay, G.R. Nos. 144082-83, April 18, 2002, citing People v.
Tadeo, G.R. Nos. 128884-85, December 3, 2001, citing People v. Correa,
269 SCRA 76 (1997); People v. Malabago, 271 SCRA 464 (1997). chan
robles virtual law library
[29]
People v. Silvano, G.R. Nos. 141105-11, March 8, 2002; People v. Perez,
G.R. Nos. 141647-51, March 6, 2002.
[30]
People v. Atienza, 326 SCRA 802 (2000). chan
robles virtual law library
[31]
People v. Arofo, et al., G.R. No. 139433, April 11, 2002, citing People
v. Gonzales, 338 SCRA 678 (2000) and People v. Dabon, 216 SCRA 656
(1992).
[32]
People v. Quiñanola, 306 SCRA 710 (1999), citing People v.
Escober,
281 SCRA 498 (1997).
[33]
People v. Espejon, G.R. No. 134767, February 20, 2002, citing People v.
Losano, 310 SCRA 707 (1999).
[34]
TSN, February 13, 1995, p. 2. chan
robles virtual law library
[35]
People v. Baroy, et al., G.R. Nos. 137520-22, May 9, 2002, citing
People
v. Quisay, 320 SCRA 450 (1999).
[36]
People v. Garcia, G.R. No. 139753, May 7, 2002. chan
robles virtual law library
[37]
People v. Baldosa, G.R. No. 138614, May 7, 2002. chan
robles virtual law library
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