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SECOND DIVISION

G.R. No. Nos. 79369-70 October 28, 1988

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. ALEXANDER A. QUIDILLA, Defendant-Appellant.

REGALADO, J.:

The accused-appellant stands charged with two crimes of rape, perpetrated against the same victim on two different occasions, in two sworn complaints both subscribed by the offended party on May 23, 1985 and which, except for the dates of commission, are Identically worded, thus:

Criminal Case No. 2856

That on or about the second week of March, 1985, in the City of Laoag, Philippines, and within the jurisdiction of this Honorable Court, the said accused, Alexander A. Quidilla, by means of force, violence and intimidation, did then and there wilfully and unlawfully and feloniously have carnal knowledge of the complainant, Yaniza G. Sena, a minor girl of 11 yrs. old.chanroblesvirtualawlibrary chanrobles virtual law library

CONTRARY TO LAW. ¹

Criminal Case No. 2855

That on or about the third week of March 1985, in the City of Laoag, Philippines, and within the jurisdiction of this Honorable Court, the said accused Alexander Quidilla by means of force, violence, intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of the complainant, Yaniza C. Sena, a minor girl of 11 years old.chanroblesvirtualawlibrary chanrobles virtual law library

CONTRARY TO LAW. ²chanrobles virtual law library

Joint trial was conducted, on a plea of not guilty to both indictments, and on June 22, 1987 the trial courts ³ rendered a joint decision finding appellant guilty of rape in both cases, the dispositive portion stating:

WHEREFORE, premises considered the Court finds the accused guilty beyond reasonable doubt of the crime of rape in Crim. Case No. 2856 and Crim. Case No. 2855. Were it not for the provisions of the New Constitution that death penalty could not be imposed, the Court would not hesitate for a moment to impose the death penalty on the accused in Crim. Case No. 2856. The accused is hereby sentenced to suffer the penalty of reclusion perpetua in each case (Crim. Case No. 2856 and Crim. Case No. 2855) to be served successively, with all the disqualifications attached to the penalty. He is hereby ordered to pay the amount of P20,000 as moral damages for each case, or a total of P40,000 to Yaniza Sena. The accused is deemed to have started serving his first sentenced on May 25, 1985, when he was detained.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED. ⁴

This case is now before us on the following lone assignment of error, viz:

THE LOWER COURT ERRED GRAVELY IN CONVICTING THE DEFENDANT APPELLANT FOR RAPE IN BOTH CASES: INSTEAD OF CONVICTING THE SAID APPELLANT FOR ACTS OF LASCIVIOUSNESS IN THE FIRST INCIDENT AND OF NOT ACQUITTING HIM IN THE SECOND INCIDENT. ⁵

As is to be expected in prosecutions for rape, where there are no third-party witnesses and the versions of the offended party and the accused are invariably disparate and conflicting, conviction or acquittal inevitably rests mainly on the credibility of either of the parties ⁶ unless there are additional physical evidence or collateral facts of substantial evidentiary weight.

Apropos thereto is the settled rule that the factual findings of trial courts are generally not disturbed on appeal in the absence of showing that they have plainly overlooked facts of substance and value which, if considered, may affect the result of the case. ⁷ On these considerations, the testimonies of the complainant and the appellant are set out at length, being in themselves revelatory of their vulnerability vel non to incisive judicial scrutiny.chanroblesvirtualawlibrary chanrobles virtual law library

The narration by the complainant of the first rape, subject of Criminal Case No. 2856, is reproduced in the aforesaid decision of the Court a quo, ⁸ with the following essential portions culled therefrom:

q In the afternoon of the second week of March, 1985, at around 3 o'clock-and this is Criminal Case No. 2856-do you remember if there was any extraordinary event that transpired in your life? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Will you kindly tell that extraordinary event which transpired? chanrobles virtual law library

a Alexander Quidilla raped me, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Immediately before that act which you said Alexander Quidilla had rapedyou, where were you? chanrobles virtual law library

a I was in the house of Mr. and Mrs. Mario Carag, sir.chanroblesvirtualawlibrarychanrobles virtual law library

q In what particular place in the house of Mr. and Mrs. Carag were you? chanrobles virtual law library

a In a ladies' room, sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

q Immediately before that act which you said Alexander Quidilla raped you.did you see Quidilla? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Where did you see him? chanrobles virtual law library

a When I went to the ladies' room, sir, he was inside.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

q He was inside the room? chanrobles virtual law library

a Yes, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q What was he doing?chanrobles virtual law library

a He was watching TV, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

q When you were then inside that room looking for something as you said and you saw Alexander Quidilla, what happened? chanrobles virtual law library

a Alex pulled me, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q Where was Quidilla at the time when as you stated he pulled you? chanrobles virtual law library

a He went to the men's room, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q You mean to say you were again in the men's room when he pulled you? chanrobles virtual law library

a Yes, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q In what place were you when Quidilla pulled you? chanrobles virtual law library

a To the door going out to the street, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q Where did he bring you? chanrobles virtual law library

a In the men's room, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

q While he was pulling you to that place you said inside the men's room, did he tell you anything? chanrobles virtual law library

a There was, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What did he tell you, if any? chanrobles virtual law library

a Come and we shall do it (agcastata) chanrobles virtual law library

q When he said that to you, did you understand what he was telling you? chanrobles virtual law library

a No, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Not having understood what he was telling you, what did you say, if any? chanrobles virtual law library

a When I was about to go away, sir, he again pulled me.chanroblesvirtualawlibrary chanrobles virtual law library

q After that, what transpired if any? chanrobles virtual law library

a He let me lie down, sir.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

q Where? chanrobles virtual law library

a On the cemented floor, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q Not on the bed.? chanrobles virtual law library

a No, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

FISCAL: chanrobles virtual law library

q As he was then letting you lie down or causing you to lie down, what did you do if any? chanrobles virtual law library

a I wanted to stand up but he prevented me, air.chanroblesvirtualawlibrary chanrobles virtual law library

q Was he able to prevent you from standing up? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What then again transpired? chanrobles virtual law library

a He placed something on my ... he covered my mouth and he pulled my pantie, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q With what did he cover your mouth? chanrobles virtual law library

a His hand, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q You said that he then pulled down your pantie. As he was pulling you pantie, what did you do if any?chanrobles virtual law library

a I was struggling, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Why did you struggle? chanrobles virtual law library

a When he let me lie down and pulled my pantie, sir, I was afraid.chanroblesvirtualawlibrary chanrobles virtual law library

q Why were you afraid? chanrobles virtual law library

a He was pulling down his pantie sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What transpired then? chanrobles virtual law library

a When he was able to pull down his pants sir, he mounted his body over me and inserted his penis into my vagina.chanroblesvirtualawlibrary chanrobles virtual law library

q As he was then inserting his penis into your vagina, what did you do? chanrobles virtual law library

a I struggled, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What effect did it have; if any, when he inserted his penis into your vagina? chanrobles virtual law library

a I felt pain, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q While his penis was inside your vagina, do you remember what he was done.chanroblesvirtualawlibrary chanrobles virtual law library

a He was moving up and down and at the same time covering my mouth, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q How about you, during the time that he was moving up and down as you said, what were you done?chanrobles virtual law library

a I continued struggling, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Aside from feeling the pain because of the insertion of his penis into your vagina, what else did you feel, if any?chanrobles virtual law library

a I felt something hot that went inside, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q After that what transpired, if any? chanrobles virtual law library

a When he stood up, sir, he told me, Do not tell anybody and if you tell anybody I will kill you. (TSN, pages 6-10, August 1, 1986, Rillera)

Cross-examination on these points was ineffectual and merely served to buttress complainant's aforequoted statements by affording her the opportunity to ramify thereon.chanroblesvirtualawlibrary chanrobles virtual law library

On the other hand, witness the highlights of the insipid denial and explanation of the appellant in his testimony which is likewise detailed in the said decision of the lower Court. ⁹

q On one day of the first two weeks of March, 1985, do you remember having gone there to Room No. 2? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Why did you go there? chanrobles virtual law library

a I went to see the basketball program, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q At what time did you go? chanrobles virtual law library

a Perhaps between 3 and 4 o'clock, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q While you were there in that room, what happened? chanrobles virtual law library

a A lady entered and screened me from my viewing.chanroblesvirtualawlibrary chanrobles virtual law library

q What was your position when you were viewing the TV? chanrobles virtual law library

a I was sitting near the door, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q As you were seated and that lady as you said entered at any rate, who was that lady? chanrobles virtual law library

a Yaniza, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Did you know that Yaniza even before that date? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Why do you know her? chanrobles virtual law library

a She used to go to the house of Mario Carag, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q When she entered, what did she do? chanrobles virtual law library

a She stood in front of me. I said "Do not block me," and I slapped her.chanroblesvirtualawlibrary chanrobles virtual law library

q What part of the body did you slap her? chanrobles virtual law library

a On her hip, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q And what did she do? chanrobles virtual law library

a She sat on my lap, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q As she sat on your lap, what happened? chanrobles virtual law library

a I embraced her, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q And what did you do? chanrobles virtual law library

a I inserted my two fingers (witness indicating his middle finger and forefinger) inside her navel, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What did she do when you inserted your two fingers inside her navel? chanrobles virtual law library

a She did not move, sir; instead, she leaned against my breast.chanroblesvirtualawlibrary chanrobles virtual law library

q What did she do as she did that position? chanrobles virtual law library

a I inserted my two fingers (witness indicating her (sic) middle finger and forefinger) to her vagina.chanroblesvirtualawlibrary chanrobles virtual law library

q As you did that, what did she do? chanrobles virtual law library

a She just gazed at me and closed her eyes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Were you only two then? chanrobles virtual law library

a There was a child, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q How old was that child? chanrobles virtual law library

a I am not sure, sir, but I think he was two years old.chanroblesvirtualawlibrary chanrobles virtual law library

q Do you know the name of that child? chanrobles virtual law library

a No, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Where was that child as you inserted your fingers? chanrobles virtual law library

a He was on the bed playing, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q And once you were successful in inserting your two fingers inside the vagina of Yaniza, what did you do with your two fingers?chanrobles virtual law library

a I moved them around, air.chanroblesvirtualawlibrary chanrobles virtual law library

q As you were moving your fingers inside, what was the reaction of Yaniza? chanrobles virtual law library

a She was raising her buttocks, sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

q How could you insert your fingers inside her vagina when she was wearing her panty?chanrobles virtual law library

a Her shorts was with garter, sir, so I just inserted my fingers.chanroblesvirtualawlibrary chanrobles virtual law library

q How about her panty? chanrobles virtual law library

a The pantie was with garter but I easily inserted my fingers, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q As you were inserting your fingers into her vagina, what was the position of Yaniza? chanrobles virtual law library

a She sat on my lap and I placed my left hand around her shoulders, sir; then I inserted my right two fingers.chanroblesvirtualawlibrary chanrobles virtual law library

q That is what you did, but I am asking you what was the position of Yaniza as you were holding her in that manner? chanrobles virtual law library

a Her legs were spread and she sat on my lap, air.chanroblesvirtualawlibrary chanrobles virtual law library

q How about her body? chanrobles virtual law library

a She leaned on my stomach, air.chanroblesvirtualawlibrary chanrobles virtual law library

q How long a time did you or were your fingers inserted in her vagina? chanrobles virtual law library

a Less than a minute, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q After that what happened? chanrobles virtual law library

a I closed the TV and went to the bodega, sir. (TSN, pages 87-89, supra)

Yet according to the appellant, on that very occasion there were four housemates in the nearby kitchen "in direct fun view of the place where (he) and the complaining witness were" while he was embracing the latter fondling her nipples and inserting his fingers in her private parts. ¹⁰ It does not require extended ratiocination to stigmatize appellant's version as an absurdity which does violence to human experience and intellectual acceptability. Furthermore, and with a touch of irony, appellant's baseless attempt to downgrade his liability to abusos deshonestos only proves that he did harbor lustful designs on the complainant.chanroblesvirtualawlibrary chanrobles virtual law library

Again, on the second offense of rape subject of Criminal Case No. 2855 the decision of the trial court likewise quotes complainant's testimony. ¹¹

q At around 7 o'clock in the evening of the third week of March, 1985, do you remember if there was again an unusual event which transpired to you? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Will you tell the Court what that extraordinary event was that transpired again to you? chanrobles virtual law library

a He raped me again, sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

q In what specific place did Quidilla rape you as you said? chanrobles virtual law library

a In the bodega, sir, of Mr. and Mrs. Carag.chanroblesvirtualawlibrarychanrobles virtual law library

q In relation to the place where he first raped you, where is that bodega of Mr. and Mrs. Carag as you said Quidilla raped you? chanrobles virtual law library

a A little bit east of the house of Mr. Carag, sir.chanroblesvirtualawlibrarychanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

q Would you tell the Court how he raped you? chanrobles virtual law library

a I was waiting for my friends who went away riding a bicycle, sir; then Quidilla appeared and went out of the bodega.chanroblesvirtualawlibrary chanrobles virtual law library

q When you saw Quidilla, what did you do? chanrobles virtual law library

a I wanted to run, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What did Quidilla do when as you said you wanted to run? chanrobles virtual law library

a He ran after me and pulled me inside the bodega, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q When you were both inside the bodega, what transpired? chanrobles virtual law library

a He again pulled down my pantie, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q As he was pulling down your pantie, what did you do? chanrobles virtual law library

a I wanted to run but he prevented me, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Was he able to prevent you from running away from him? chanrobles virtual law library

a Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q Having prevented you from running away, what did he do?chanrobles virtual law library

a He let me lie down on the cemented floor, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q As he was letting you lie down on the cemented floor, what did you do? chanrobles virtual law library

a He again covered my mouth, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q With that did he cover your mouth? chanrobles virtual law library

a His hand, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q While his hand was placed over your mouth to cover it" what did he do? chanrobles virtual law library

a Then he pulled down his pant, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What did he do after having pulled down his pant?chanrobles virtual law library

a He lay on top of me, sir.chanroblesvirtualawlibrary chanrobles virtual law library

q What did he do when he was able to mount you? chanrobles virtual law library

a He was again moving up and down, sir.chanroblesvirtualawlibrary chanrobles virtual law library

COURT: chanrobles virtual law library

q How about his penis, what did he do with it? chanrobles virtual law library

a He inserted his penis into my vagina, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q What did you feel, if any, when he inserted his penis into your vagina? chanrobles virtual law library

a It was very painful, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

q After that what transpired? chanrobles virtual law library

a When he heard the calling of my friend, he released me, your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

(TSN, pages 10-13, supra)

This testimony of the complainant was not touched upon in her cross- examination. The defense of the appellant to this second charge was one of alibi, that is, that he locked and left the bodega at 5:30 that afternoon and at the time of the alleged raped he was already in his house at Nabutas supposedly some five kilometers away. ¹² chanrobles virtual law library

It is hard to believe that complainant, who was then only a little over eleven years of age, naive and inexperienced in the ways of the world, wood fabricate these charges of rape against the appellant, ¹³ especially in the complete absence of any reason or motive whatsoever for her to do so. As this Court has observed, it has long been a matter of judicial experience that no young Filipina of decent repute will publicly admit that she has been criminally ravished unless that is the truth ¹⁴for her natural instinct is to protect her honor, ¹⁵and there is nothing to even intimate that the complainant is an exception.chanroblesvirtualawlibrary chanrobles virtual law library

The insinuations of appellant that the complainant consented to the liberties on her person is a futile and inutile subterfuge; it completely loses sight of the fact that being less that twelve years of age, such consent produces no legal effect in a prosecution for rape, even assuming ex gratia argumenti that it was given by complainant. ¹⁶ chanrobles virtual law library

The defense of alibi of the appellant on the second charge is just as unavailing. Alibi cannot be given credence where there is clear and positive Identification of the culprit by the victim. This is especially true where it has not been established that it was physically impossible for the accused to be at the scene of the crime at the time of its commission. ¹⁷As a specific refutation of the alibi of appellant, it has been held that the defense of alibi cannot be believed where the distance at that time between the alleged whereabouts of the accused and the scene of the crime was only eight kilometers. ¹⁸ chanrobles virtual law library

All things considered, the tender age of the complainant further lends credibility to her testimony. For as this Court has held: "Moreover, if there is anything apparent from our past decisions on rape cases, with the offended parties being young and immature girls from the ages of twelve to sixteen, it is that there is considerable receptivity on the part of this Tribunal to lend credence to their version of what transpired, considering not only their relative vulnerability but also the shame and embarassment to which such a gruelling experience as a court trial, where they are called upon to lay bare what perhaps should be shrouded in secrecy, did expose them to. This is not to say that an uncritical acceptance should be the rule. It is only to emphasize that skepticism should be kept under control. ¹⁹ chanrobles virtual law library

Uncompromising judicial sanctions should stem the growing tide of paraphilia that seeks the youth for its victims, leaving inevitable traumatic and psychological scars on their young and innocent lives.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the decision appealed from is hereby AFFIRMED, with costs against the accused-appellant.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Endnotes:

1 Exhibit B.chanrobles virtual law library

2 Exhibit C.chanrobles virtual law library

3 Regional Trial Court of Ilocos Norte & Laoag City, Branch XI (Judge Felipe G. Pacquing

4 Rollo, 40-41.chanrobles virtual law library

5 Brief for Appellant, 1; Rollo, 47.chanrobles virtual law library

6 People vs. Alcid, 135 SCRA 280 (1985); People vs. Manzano, 118 SCRA 705 (1982).chanrobles virtual law library

7 People vs. Cielo, et al., 133 SCRA 117 (1984); People vs. Marzan, 128 SCRA 203 (1984); People vs. Sibayan, 116 SCRA 180 (1982).chanrobles virtual law library

8 Rollo, 20-26.chanrobles virtual law library

9 Ibid., 27-29.chanrobles virtual law library

10 lbid., 31-34.chanrobles virtual law library

11 Ibid., 36-39.chanrobles virtual law library

12 Brief for Appellant, 5-6.chanrobles virtual law library

13 People vs. Ausan 152 SCRA 52 (1987).chanrobles virtual law library

14 People vs. Gomez, 124 SCRA 260 (1983).chanrobles virtual law library

15 People vs. lbal, 143 SCRA 317 (1986).chanrobles virtual law library

16 People vs. Conchada, 88 SCRA 683 (1979); Art. 336, Revised Penal Code, as amended.chanrobles virtual law library

17 People vs. Pacada, et al., 142 SCRA 427 (1986); People vs. Aquino, 133 SCRA, 283 (1984); People vs. Baniaga 1 SCRA 283 (1961).chanrobles virtual law library

18 People vs. Marasigan, 56 SCRA 31 (1974); People vs. Ausan supra (1987).chanrobles virtual law library

19 People vs. Egot, 130 SCRA 134 (1984); People vs. Molina, 53 SCRA 495 (1973).