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SECOND DIVISION

G.R. No. L-41806 August 19, 1986

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. BERNARDO HERMOSADA, Accused-Appellant.

FERNAN, J.:

Accused-appellant Bernardo Hermosada seeks a reversal of his conviction for the crime of rape on a lone assignment of error, to wit: chanrobles virtual law library

THE LOWER COURT ERRED IN FINDING THE ACCUSED- APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE, NOTWITHSTANDING THE DOUBTFUL, INAPPROPRIATE AND UNREALISTIC TESTIMONY OF THE OFFENDED GIRL ON THE MANNER SAID CRIME WAS COMMITTED AGAINST HER. ¹chanrobles virtual law library

A complaint for rape against accused-appellant was filed on January 12, 1973 with the Municipal Court of Maramag by the offended party, Visitacion Romeo. ² After a preliminary investigation was conducted, the Provincial Fiscal filed the following information before the then Court of First Instance of Bukidnon on March 9, 1973:

That on or about the 15th day of December, 1972, in the afternoon, at barrio Kiharong, municipality of Maramag, province of Bukidnon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and with intent to rape VISITACION ROMEO, a twelve [12] year old child by means of force and intimidation, did then and there wilfully, unlawfully and criminally wrestle with the offended party, throw her to the ground and pin her on the ground, remove her drawers, placed himself on top of her and have sexual intercourse with her against her will.chanroblesvirtualawlibrary chanrobles virtual law library

Contrary to and in violation of Article 335 of the Revised Penal Code. ³chanrobles virtual law library

The accused having pleaded not guilty upon arraignment, the case proceeded to trial.chanroblesvirtualawlibrary chanrobles virtual law library

The prosecution presented three [3] witnesses, namely: Municipal Judge Loreto Tumampos, before whom the criminal complaint was filed and subscribed to; Visitacion Romeo, the offended party, and Dr. Adoracion de la Cerna, supervising resident physician of the Bukidnon Hospital, who undertook a physical and internal examination of the victim. The defense, on the other hand, presented the accused himself, who denied the commission of the crime and offered an alibi as a defense, and two other witnesses, Gorgonio Canoy and Bonifacio Balindes, who corroborated the accused's alibi.chanroblesvirtualawlibrary chanrobles virtual law library

On August 20, 1974, the trial court rendered a decision, finding the accused guilty beyond reasonable doubt of the crime of rape and sentencing him to suffer the penalty of life imprisonment, to indemnify his victim in the sum of P6,000.00 as moral damages for injuries to her feelings, and to pay the costs.chanroblesvirtualawlibrary chanrobles virtual law library

Accused Hermosada forthwith filed a notice of appeal. Hence, this review.chanroblesvirtualawlibrary chanrobles virtual law library

At the time of the commission of the crime, the victim, Visitacion Romeo, was 12 years old and a grade V student at the Kisanday Elementary School. She walked the three-kilometer distance between her house and school, in the morning with her seven-year-old sister, Hermelina, who was then in Grade One, and alone, in the late afternoon, as her sister would go home at noon. It was while she was on her way home from school in the late afternoon of December 15, 1972 that she was allegedly raped by the accused-appellant, then 62 years old, a widower and a carpenter by profession. Visitacion knew the accused-appellant, as he had been hired by her father three months before to construct their house and he would eat his meals with her family. Her testimony as to the manner the crime was committed is as follows:

DIRECT EXAMINATION:

Fiscal Ching:

xxx xxx xxx

Q On your way to Kiharong, was there any incident that occurred? chanrobles virtual law library

A There was sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Please tell the court what was that incident? chanrobles virtual law library

A I was called by Bernardo Hermosada who was far and I was in the road so I went near him and he held my hand.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said you were called by Bernardo Hermosada, how did he call you? chanrobles virtual law library

A He said: 'Bi, come here.' chanrobles virtual law library

Q Why did he call you 'Bi' when your name is Visitacion? chanrobles virtual law library

A Because my nickname is Baby.

xxx xxx xxx

Q When Bernardo Hermosada called you by saying, 'Bi,come here' how far was he from you? chanrobles virtual law library

A About fifty [50] meters.chanroblesvirtualawlibrary chanrobles virtual law library

Q When you went near Bernardo Hermosada you said he held you, what part of the body did he hold? chanrobles virtual law library

A My right hand sir, chanrobles virtual law library

Q After he held your right hand, what did he say if any? chanrobles virtual law library

A Then he pushed me to the ground.chanroblesvirtualawlibrary chanrobles virtual law library

Q My question is :What did Bernardo Hermosada say when he held your hand?chanrobles virtual law library

A He did not say anything sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q After he held your hand, what else did he do to you? chanrobles virtual law library

A He removed my panty.chanroblesvirtualawlibrary chanrobles virtual law library

Q And what was your position when he was removing your panty? chanrobles virtual law library

A He was holding me and he said: 'If you will refuse I will kill you.'chanrobles virtual law library

Q Were you standing up or lying on the ground when Bernardo Hermosada was removing your panty? chanrobles virtual law library

A I was lying down.chanroblesvirtualawlibrary chanrobles virtual law library

Q Why were you lying down at that time? chanrobles virtual law library

A Because he pushed me.chanroblesvirtualawlibrary chanrobles virtual law library

Q When you were pushed by Bernardo Hermosada to the ground, what part of your body hit the ground? chanrobles virtual law library

A My knees. I have even a wound at my knee.chanroblesvirtualawlibrary chanrobles virtual law library

Q And when you said he removed your panty and Bernardo Hermosada said that if you will refuse he will kill you, why, what did he want from you? chanrobles virtual law library

A He will have carnal knowledge with me.chanroblesvirtualawlibrarychanrobles virtual law library

Q After he said that, what else happened? chanrobles virtual law library

A He kissed me.chanroblesvirtualawlibrary chanrobles virtual law library

Q What part of your body did he kiss? chanrobles virtual law library

A My face.chanroblesvirtualawlibrary chanrobles virtual law library

Q What was his position when he was kissing you? chanrobles virtual law library

A I was lying down.chanroblesvirtualawlibrary chanrobles virtual law library

Q The position of Bernardo Hermosada is what I was asking you?chanrobles virtual law library

A He was also lying down.chanroblesvirtualawlibrary chanrobles virtual law library

Q On top of you or on your side? chanrobles virtual law library

A On top of me sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q After he kissed you, what else did Bernardo Hermosada do? chanrobles virtual law library

A No more.

xxx xxx xxx

Q In what place were you raped?chanrobles virtual law library

A In the corn field.chanroblesvirtualawlibrary chanrobles virtual law library

Q How far was the corn field from your house? chanrobles virtual law library

A I do not know sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Before the accused committed the crime of rape on you who had sexual intercourse with you, what did he do? chanrobles virtual law library

COURT: chanrobles virtual law library

Q You said that he pushed you to the ground, removed your panty and then kissed you, what else happened if any after that? chanrobles virtual law library

A He inserted his penis to mine.chanroblesvirtualawlibrary chanrobles virtual law library

Q What mine are you talking about? chanrobles virtual law library

A To my vagina.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

FISCAL CHING: [Continuing] chanrobles virtual law library

Q Now, when he inserted his penis to your vagina, what then did he do? chanrobles virtual law library

A No more.chanroblesvirtualawlibrary chanrobles virtual law library

Q What did you feel when Bernardo Hermosada inserted his penis to your vagina?chanrobles virtual law library

A I felt pain.chanroblesvirtualawlibrarychanrobles virtual law library

Q Can you tell the Honorable court how long was his penis inside your vagina? chanrobles virtual law library

A For a short time.chanroblesvirtualawlibrary chanrobles virtual law library

Q After having inserted his penis in your vagina what else happened? chanrobles virtual law library

A No more sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Where did you go? chanrobles virtual law library

A To our house.chanroblesvirtualawlibrary chanrobles virtual law library

Q When you reached your house what happened there? chanrobles virtual law library

A I reported to my mother.chanroblesvirtualawlibrary chanrobles virtual law library

Q By the way, before the incident on December 15, 1972, did you know already Bernardo Hermosada? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Why? chanrobles virtual law library

A Because he is our Carpenter.chanroblesvirtualawlibrary chanrobles virtual law library

Q On December 15, 1972, did you know where he was staying?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where was he staying? chanrobles virtual law library

A In our house.chanroblesvirtualawlibrary chanrobles virtual law library

Q What did you report to your mother when you reached home that afternoon? chanrobles virtual law library

A That Bernardo Hermosada had sexual intercourse with me.chanroblesvirtualawlibrarychanrobles virtual law library

Q And what did your mother do? chanrobles virtual law library

A She cried.chanroblesvirtualawlibrary chanrobles virtual law library

Q How about your father, where was he at the time when you reported to your mother?chanrobles virtual law library

A He was not in our house because we had two houses.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where is this other house located? chanrobles virtual law library

A At Pig-awakan.chanroblesvirtualawlibrary chanrobles virtual law library

Q After you reported your being raped to your mother and she cried, what else did your mother do?chanrobles virtual law library

A Bernardo Hermosada was scolded by my mother the following day.chanroblesvirtualawlibrary chanrobles virtual law library

Q Now, after that, what else transpired?chanrobles virtual law library

A No more sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did you report your being raped to the authorities? chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q How many days after you were raped?chanrobles virtual law library

A One week after.chanroblesvirtualawlibrary chanrobles virtual law library

Q Where did you report? chanrobles virtual law library

A To the PC headquarters of Malaybalay.chanroblesvirtualawlibrary chanrobles virtual law library

Q With whom did you report the incident? chanrobles virtual law library

A Sgt. Gomez sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who was your companion in going to the PC Headquarters in Malaybalay to report? chanrobles virtual law library

A My father.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who else? chanrobles virtual law library

A Boy Eroja.chanroblesvirtualawlibrary chanrobles virtual law library

Q Were you examined by a doctor? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q In what place were you examined? chanrobles virtual law library

A At the Bukidnon Hospital chanrobles virtual law library

Q Was it woman doctor or male doctor who examined you? chanrobles virtual law library

A A woman doctor.chanroblesvirtualawlibrary chanrobles virtual law library

Q What part of your body was examined by that woman doctor? chanrobles virtual law library

A My private parts. ⁴chanrobles virtual law library

CROSS EXAMINATION:

xxx xxx xxx

ATTY. DAMASCO: [continuing] chanrobles virtual law library

Q The accused was on the road also when he called you? chanrobles virtual law library

A No sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Where was the accused then at that time when he called you while you were in the road? chanrobles virtual law library

A He was at the corn field.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q Alright, since he was about 50 meters from you when he called you, why did you go near him? chanrobles virtual law library

A I thought he had some purpose with me.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed.

xxx xxx xxx

Q Now, before December 15, 1972 do you know already what is sexual intercourse?chanrobles virtual law library

A No sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q When the accused inserted his penis inside your vagina, did you know if he has committed sexual intercourse on you? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q And you said that the accused just inserted his penis inside your vagina and he did not do anything more, is that correct? chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q After he had inserted his penis inside your vagina he kept still? chanrobles virtual law library

A He moved sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q How did he move? chanrobles virtual law library

A He did not move.chanroblesvirtualawlibrary chanrobles virtual law library

Q For how long did he not move as his penis was inside your vagina?chanrobles virtual law library

A I do not know sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Why?chanrobles virtual law library

A I just do not know how long.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did he not execute an up and down action of his body? chanrobles virtual law library

A He made the push and pull motion.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. DAMASCO: chanrobles virtual law library

Now, you said that the accused made a push and pull motion, what did you notice in your vagina? chanrobles virtual law library

A It was painful.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q Why did you not resist when he inserted his penis inside your vagina? chanrobles virtual law library

A Because he threatened me.chanroblesvirtualawlibrary chanrobles virtual law library

Q Was he armed at that time or not?chanrobles virtual law library

A I do not know sir.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. DAMASCO: chanrobles virtual law library

Q You said that the accused was making a push and pull movement, his penis was all the time inside your vagina, is that right? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q You did not feel his penis going out and inside your vagina? chanrobles virtual law library

A I do not know sir.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q How do you know that it was his penis that was inserted inside your vagina and not his finger for example? chanrobles virtual law library

A I only know it.chanroblesvirtualawlibrary chanrobles virtual law library

Q When you met the accused after he called you at a distance of 50 meters away, did you find him naked or clothed? chanrobles virtual law library

A He had his clothes on sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q If he had his clothes on, how was he able to insert his penis when that penis was inside his clothes? chanrobles virtual law library

A He removed his pants.chanroblesvirtualawlibrary chanrobles virtual law library

Q As he was removing his trousers did he not release you from his hold? chanrobles virtual law library

A He did not release me sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q What kind of trousers was he wearing, long or short? chanrobles virtual law library

A It was a short pants sir.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

DAMASCO: [continuing] chanrobles virtual law library

Q When the accused placed himself on top of you he was still wearing his pants? chanrobles virtual law library

A No more sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q He had still his underwear? chanrobles virtual law library

A No more also sir.chanroblesvirtualawlibrary chanrobles virtual law library

COURT:chanrobles virtual law library

Q After he had removed his short pants what did you see in his person? chanrobles virtual law library

A I saw his penis, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was the position of his penis when you saw it? chanrobles virtual law library

A It was small.chanroblesvirtualawlibrary chanrobles virtual law library

Q Yes, but was it standing or not? chanrobles virtual law library

A No sir.chanroblesvirtualawlibrarychanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. DAMASCO: [continuing] chanrobles virtual law library

Q Aside from seeing the penis of the accused, what else did you see on his body? chanrobles virtual law library

A No more.chanroblesvirtualawlibrary chanrobles virtual law library

Q And what was your position at that time when the accused was on top of you? chanrobles virtual law library

A I was lying down.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q You know already that he was going to rape you when he landed on top of you why did you not struggle to prevent his penis from entering your vagina? chanrobles virtual law library

A Because he threatened to kill me.chanroblesvirtualawlibrary chanrobles virtual law library

Q On the first attempt that he made, was he able to insert his penis right away inside your vagina? chanrobles virtual law library

A Not yet sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Why?chanrobles virtual law library

A Because I struggled trying to be released.chanroblesvirtualawlibrary chanrobles virtual law library

Q Because he is stronger, what did he do? chanrobles virtual law library

A He kept on threatening to kill me.chanroblesvirtualawlibrarychanrobles virtual law library

Q Besides threatening you, what else did he do to your person? chanrobles virtual law library

A He held me well.chanroblesvirtualawlibrary chanrobles virtual law library

Q How did he hold you? What was your position on the ground when he held you as you said? chanrobles virtual law library

A I was lying down on the ground sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q What was your position. Could you show the court?chanrobles virtual law library

A My arms at my side with my legs placed close together.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did he do anything to your legs which were closed at first? chanrobles virtual law library

A He tried to separate my legs sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Why? Could you not try to tell that to the court on your own volition? chanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. DAMASCO: [continuing] chanrobles virtual law library

Q You said that the accused was trying to separate your legs, he was not able to separate your legs, is that right? chanrobles virtual law library

A He was able because he folded my legs apart.chanroblesvirtualawlibrary chanrobles virtual law library

Q When your legs were separated what did he do? chanrobles virtual law library

A He had sexual intercourse with me.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q How about your hands, were they free? chanrobles virtual law library

A I pinched him.chanroblesvirtualawlibrary chanrobles virtual law library

Q On what part of his body? chanrobles virtual law library

A At his side.chanroblesvirtualawlibrary chanrobles virtual law library

Q Why did you pinched his side?chanrobles virtual law library

A I only pinched it.chanroblesvirtualawlibrary chanrobles virtual law library

Q Instead of pushing him away from you, you only pinched him on his side?chanrobles virtual law library

A I wanted to push him but he continued on threatening me.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did you not try to scratch his face instead of pinching him?chanrobles virtual law library

A No sir.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed: chanrobles virtual law library

ATTY. DAMASCO: [continuing] chanrobles virtual law library

Q When you were pinching the accused on his side, where were the hands of the accused placed? chanrobles virtual law library

A At my shoulders.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

Q How did he hold you with his hands on your shoulders? chanrobles virtual law library

A He held my shoulders with his two hands bringing me near him.chanroblesvirtualawlibrary chanrobles virtual law library

Proceed.chanroblesvirtualawlibrary chanrobles virtual law library

ATTY. DAMASCO: [continuing] chanrobles virtual law library

Q And what was the position of the legs of the accused? chanrobles virtual law library

A I could not see his legs.chanroblesvirtualawlibrary chanrobles virtual law library

Q And you said after the accused had committed sexual intercourse he left you? chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And you immediately also got up and went home? chanrobles virtual law library

A Yes sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx ⁵

The certificate prepared by Dr. de la Cerna on the medical examination conducted on the victim on December 20, 1972 reads as follows:

P.E.chanroblesvirtualawlibrary chanrobles virtual law library

-Ambulatory, coherent, conscious, fairly nourished.chanroblesvirtualawlibrary chanrobles virtual law library

-Healing contused abrasion knee right.chanroblesvirtualawlibrary chanrobles virtual law library

I.E.chanroblesvirtualawlibrarychanrobles virtual law library

-Hymen -no laceration chanrobles virtual law library

-Labia Minora with erythema and contusion right side. ⁶chanrobles virtual law library

Elaborating on this report at the witness stand, Dr. de la Cerna testified that the contusion and abrasion on the knee of Visitacion could have been caused by the forceful application of a blunt instrument and/or contact with a rough object like the ground. She likewise stated that the reddening and swelling of the external genitalia could have been caused by the forceful application of a blunt instrument like a man's private part. ⁷chanrobles virtual law library

The defense contends that the testimony of the offended party that the accused-appellant was lying on top of her and nothing more happened or he was executing' a push and pull movement but his penis was unmoving inside her vagina or his penis was not in an erect or standing position, is a clear indication that rape was not committed or of guess-work or even an open declaration of innocence or lack of knowledge of a young girl, like the victim in this case, of the manner sexual intercourse is being performed.chanroblesvirtualawlibrary chanrobles virtual law library

We do not agree with this assessment. As earlier noted, the victim was twelve years old at the time of the commission of the crime, and thirteen, when she testified in court. Naturally, she cannot be expected to be well-versed in topics such as sex and sexual intercourse. Nonetheless, the trial court which had the full opportunity to study and observe her demeanor at close range accorded full credence to her testimony, thus:

. . . The Court cannot find any reason to doubt the credibility of said offended party who delivered her testimony in a straightforward manner despite her tender
years. ⁸

We have thoroughly read and in fact reproduced the pertinent portions of Visitacion's testimony and, like the trial judge, are convinced of its veracity. Visitacion Romeo was able to narrate with simplicity and sufficient clarity the manner by which the crime against her chastity was committed. Had she been more vivid and eloquent in her description, We would have suspected her story to be a mere fabrication. As it is, her recital of the details of the event under consideration dovetails with the findings of Dr. de la Cerna. Thus, her testimony that her knees hit the ground when the accused-appellant pushed her is corroborated by the report of Dr. de la Cerna that at the time of the examination, she had a healing contused abrasion on the right knee. As accused-appellant was holding her by the right hand, it was natural that her weight would fall on her right knee. Her statement that accused-appellant was executing a push and pull movement, but his penis was unmoving inside her vagina is explained by the fact that there was no complete penetration; hence, no laceration of the hymen, but merely erythema or reddening and contusion on the right side of the labia minora, which Dr. de la Cerna stated could have been caused by a blunt instrument like a man's private part.chanroblesvirtualawlibrary chanrobles virtual law library

Incomplete penetration, however, does not mean that rape was not committed. For rape to be consummated, proof of entrance of the male organ within the labia of the pudendum is sufficient. ⁹ By the positive testimony of Visitacion, corroborated by the medical findings of Dr. de la Cerna, there can be no doubt that there was such penetration, however slight.chanroblesvirtualawlibrary chanrobles virtual law library

Accused-appellant, likewise, tries to discredit the victim's story by focusing on the behavior of her parents after they learned of her sad experience. He contends that the victim's parents were indifferent and unconcerned about the alleged crime and practically did nothing to avenge the same.chanroblesvirtualawlibrary chanrobles virtual law library

We do not find it to be so. When Visitacion reported the incident to her mother immediately upon reaching home, the latter cried. After the accused-appellant arrived at about 9:00 o'clock that evening, Visitacion's mother did not do anything because her husband, Pedro Romeo, was in their other house in Pig-awakan about two kilometers away. ¹⁰Taking into consideration the psychological make-up of married Filipinas, particularly those residing in the barrios at that time [1972], this reaction is hardly unusual. Basically submissive and deferential to the husband's judgment, a Filipina married woman would not take any drastic action as might have been needed in the case at bar without first consulting her husband. Thus, as later events would prove, when her husband arrived from Pig-awakan the following morning, he berated the accused-appellant after learning what the latter did so that said accused-appellant did not eat his supper with them the following evening. ¹¹ Thereafter, Pedro Romeo reported the incident to the PC headquarters at Malaybalay and brought Visitacion to the hospital for medical examination. The actuations of Visitacion's parents are certainly no indication of unconcern or indifference. On the contrary, they are more in keeping with the Filipino tradition of requiring a "family consensus to be arrived at first before a family dishonor can be made public by reporting to the authorities. " ¹²chanrobles virtual law library

Finding no cogent reason to disturb the findings of the trial court, conviction of the accused-appellant must be sustained.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the decision appealed from is hereby affirmed.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Endnotes:

1 Brief for the Appellant, p. 40, Rollo.chanrobles virtual law library

2 Exh. A-Pros., p. 2, Original Records.chanrobles virtual law library

3 p. 13, Original Records.chanrobles virtual law library

4 TSN, pp. 8-16, November 19, 1973.chanrobles virtual law library

5 TSN, pp. 18-25, November 19, 1973.chanrobles virtual law library

6 Exhibit B-pros., p. 8, Original Record.chanrobles virtual law library

7 TSN, pp. 39-40, February 20, 1974.chanrobles virtual law library

8 Decision, p. 9, Rollo.chanrobles virtual law library

9 People v. Velasco, 73 SCRA 574 and the cases cited therein; People v. Franco, 114 SCRA 737; People v. Bautista, 102 SCRA 483: and People v. Aballe, 132 SCRA 641.chanrobles virtual law library

10 Decision, p. 6, Rollo.chanrobles virtual law library

11 Decision, p. 6, Rollo.chanrobles virtual law library

12 People v. Marzan, 128 SCRA 203.