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[ G.R. No. 131861-63. January 18, 2000]

PEOPLE vs. BENJAMIN LIM y BELTRAN

EN BANC

Gentlemen:

Quoted hereunder, for your information, is a resolution of this Court dated JAN 18 2000.

G.R. No. 131861-63 (People of the Philippines vs. Benjamin Lim y Beltran.)

Accused-appellant Benjamin Lim y Beltran moves for a reconsideration of the decision in this case affirming his conviction by the Regional Trial Court, Branch 17, Davao City on three counts of rape. In its decision, the Court dismissed accused-appellant's claim that he could not have raped the victim in 1994, and 1996 because he had became impotent as a result of an accident he had in 1990.

As stated in the decision in this case, accused-appellant was subjected to a manual stimulation of the penis, but the process failed to make his organ erect. However, considering that his common-law wife gave birth to a child (Ianbe Cebrian Lim) on May 7, 1992 and to another on October 17, 1994, though stillborn; as well as the doctor's testimony that even if in 1997, when accused-appellant was subjected to manual stimulation of the penis he did not attain erection, this did not mean he was impotent in previous years, this Court concluded that accused-appellant was not impotent.

It is now contended that while a presumption exists in favor of potency, accused-appellant should be subjected to tests other than the manual stimulation to "erase all doubts" as to whether he was capable of committing rape. It is further contended that the Certificate of Fetal Death (Exh. F) of "Baby Boy Cebrian Lim" delivered on October 17, 1994 in which accused-appellant Benjamin Beltran Lim and Vivian Morgado Lim are named as the child's parents cannot be considered because his wife's name is Vivian Cebrian Morado; and that in any case, "it is the civil status of the mother with respect to the child that is conclusive, but the paternity is merely one of speculation."

These contentions are without merit.

First of all, the Court cannot see why, if accused-appellant thinks there is a need for further testing to prove his claim of impotence, he did not ask for the same during the trial, considering it was on its own initiative that the trial court ordered his medical examination. The doctor who conducted the ensuing manual stimulation test, while noting the lack of erection, testified that it was still possible for accused-appellant to have sex from 1992 to 1996 because "impotency is usually related to emotional and psychological problems." Indeed, the possibility exists that even if accused-appellant was found impotent in 1997 when he was examined, he was not so when the rapes in these cases were committed. It is noteworthy that accused-appellant did not present any medical certificate nor give the specifics as to the cause of his alleged impotence, merely claiming that the same was caused by a fall from a jeep where he suffered broken hips.

Indeed, accused-appellant is capable of sexual intercourse and, therefore, his committing rapes in 1993, 1994, and 1996 has been clearly shown in this case. As the Court pointed out in its decision, accused-appellant had a child, Ianbe Cebrian Lim, by his common-law wife in 1992 after the year (1990) when he claimed he had the debilitating accident. His common-law spouse Vivian Cebrian Morado had a stillbirth on October 14, 1994 as shown in the Certificate of Fetal Death (Exh. F) listing them both as the child's parents. It is clear that "Vivian Morgado Lim" is the same as Vivian Cebrian Morado. "Morgado" is a mere typographical deviation from "Morado," which is the surname of Vivian's legal spouse and private complainant's father, while "Lim" is accused-appellant's surname which Vivian adopted as her own. Furthermore, as pointed out by the Office of the Solicitor General in his opposition to petitioner's motion for reconsideration:

It is an established fact that appellant and Vivian Morado Lim lived together as husband and wife during the time material to this case. As such, it is presumed that things have happened according to the ordinary course of nature and the ordinary habits of life. Accordingly, it is presumed that appellant was the father of the fetus Baby Boy Cebrian Lim who was conceived during he existence of their cohabitation unless appellant can show the contrary by competent evidence. This, appellant failed to do.

Moreover, the Certificate of Fetal Death is an official document issued by the Civil Registry which indicates that appellant was the father of the fetus. Section 44, Rule 130 of the Rules of Court provides:

Sec. 44. Entries in official records. - Entries in official records made in the performance of his duty by a public officer of the Philippines, or by a person in the performance of a duty specially enjoined by law, are prima facie evidence of the facts therein stated.

Vivian herself impliedly admitted the veracity of Exh. F's contents when she testified that she and accused-appellant had five children (when accused-appellant said they had four). She obviously counted the stillborn baby, Baby Boy Cebrian Lim, as she explained that one of her five children "died so [now] there are only four."

WHEREFORE, the Court RESOLVES to GRANT the Solicitor General's second motion for extension to file comment on accused-appellant's motion for reconsideration and to NOTE the aforesaid opposition and to DENY with FINALITY accused-appellant's motion for reconsideration.

Very truly yours,

LUZVIMINDA PUNO

Clerk of Court

(Sgd.) MA. LUISA D. VILLARAMA

Asst. Clerk of Court

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