SUPREME COURT DECISIONS

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CONCURRING OPINION

FRANCISCO, J.:

By her own account, complainant was half-asleep when accused-appellant took off her underwear, removed his briefs, placed himself on top of her, spread her legs, penetrated her and executed push and pull movements. Thinking that it was her boyfriend, complainant did not do anything until accused-appellant softly whispered to her Zareen, its not Ricky; its Jun. I love you. Afterwhich, she pushed him aside.

Complainants tale of rape is unconvincing. It is quite puzzling that a supposed rapist, who having accomplished with utmost ease his sinister intention to have carnal knowledge with an unsuspecting victim, would all of a sudden unexplainably blow his cover by revealing his identity. Instinctively, the attackers natural reaction would be to shield himself from every possibility of being identified to avoid prosecution.

Even more baffling is complainants immediate reaction after the alleged rape. Instead of fleeing from the clutches of her attacker, complainant proceeded to the bathroom and washed herself for fear of being impregnated. At the same time, she even talked to her attacker and asked him why he did such thing to her. Undoubtedly, her reaction was too casual for somebody who was supposed to have undergone a harrowing experience of rape.

On this score, I find it hard to give credence to complainants testimony bearing in mind that evidence, to be believed, must not only proceed from a mouth of a credible witness, but it must be credible in itself such as the common experience and observation of the mankind can approve as probable under the circumstances. Complainants testimony does not jibe with the normal reactions commonly exhibited by persons placed under the same situation. Thus, her version is simply incredible.

I therefore concur with the opinion of Justice Bellosillo and vote for the acquittal of herein accused-appellant.