Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1996 > July 1996 Decisions > G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 114058. July 10, 1996.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ZALDY FRANCISCO Y BARON, Accused-Appellant.


D E C I S I O N


BELLOSILLO, J.:


Leonida B. Francisco, a 62-year old widow, still distraught and numb in disbelief from her harrowing experience, appeared at the Police Station of Bacoor, Cavite, to report that she was viciously raped. She must have wished she were somewhere else instead, and the revolting misdeed that visited her were only a bad dream that would vanish with the mists of daybreak. But, sadly, it was for real, and the act demanded supreme retribution. The perpetrator was her own flesh and blood! Not in her wildest imaginings did it ever occur to her that someday the infant she bore, suckled and caressed would in adulthood become a loathsome beast that would violate and devour her whole being sans the faintest remorse. Resolutely mustering whatever was left of her strength and courage, shunning all shame and humiliation, she narrated to the police her ordeal which she knew she would painfully reprise at the preliminary investigation and subsequent trial of her case.

Her story thus unfolds. On 17 April 1991, at around seven-thirty in the evening, she was walking home with a friend after conversing with a neighbor when Zaldy, her 29-year old son, told her she had a visitor waiting for her at home. Upon reaching her house, she saw nobody inside so she asked her son where the visitor was. Instead of answering her, Zaldy locked the door and told her to sit down because the visitor was upstairs. There was a knife lying on the table; she did not mind it. She asked Zaldy to call for her visitor but he refused, instead, he insisted that they go up to the second floor to talk. As she went up the stairs Zaldy followed her closely behind. She asked that the light be turned on but he ignored her request. This time Zaldy was already holding the knife and his eyes were wildly darting sideways. He accused her of having an affair with a man he once saw leaving her room. But Leonida swore he was not a lover. As she started to tell him that the man was a tenant who had just paid his rent to her, Zaldy suddenly pushed her into an empty room.

What transpired inside the room Leonida alone, and perhaps Zaldy, could describe. Sabi po niya, papatayin niya ang lalaki; sabi ko, bahala ka basta ako walang lalaki; di pagkatapos inipit niya ang leeg ko, tapos sabi niya gigilitan niya ang leeg, hawak ang kutsilyo, sabi ko huwag mo akong patayin, gusto ko pang mabuhay, yuong anak mo, walang bubuhay sa anak mo. Inalis niya ang kutsilyo, hinablot ako at hinubaran na ako. Nagmakaawa ako pero para lamang akong papel, wala na akong lakas kasi inipit ang kamay ko, eh di paharang kami sa kama, ibinagsak ako sa kama, tapos nga yuon na nga ginawa na niya ang magagawa sa akin. 1

Leonida abashedly described how her son kissed her on the lips until she could no longer breathe. According to her, he caressed her, kissed her private parts, then mounted her and did the inevitable. He had sexual intercourse with her. Now weak from the blows her son would let loose on her every time she resisted, terribly frightened and hardly able to comprehend the situation, she could only cry out in utter helplessness and desperation, "My son, what are you doing to me?" The fiend gloated, "So that you will not look for another man, I will make you happy!" 2 Leonida tried to divert his attention by offering him money to buy pleasure somewhere else, but to no avail. All her pitiable entreaties were ignored. Thrice that evening in a span of one hour he lustfully raped his mother.

After satisfying his bestial instinct, Zaldy ordered his mother to put on her clothes. She pleaded to be released, but not until he made her promise at the point of a knife that she would not tell anyone about what he did to her. It was only then that he opened the door and allowed his mother to leave. Freed at last, Leonida proceeded to the residence of her daughters at Green Valley and told them of her misfortune. The following morning, accompanied by her daughters and some constabulary soldiers, Leonida proceeded to the Bacoor Police Station to charge her son with rape.

On 2 July 1991 the corresponding Information for rape was filed in court against Zaldy Francisco y Baron, docketed as Crim. Case No. B-91-246.

Zaldy denied having raped his mother. His version is that he lived in his mother’s house after his wife left him and that on the night of the incident he only conversed with her briefly about the loss of some money which she was blaming on him. After that, according to him, he went out to "roam around." 3

Asked what could have motivated his mother to charge him with rape, Zaldy blandly answered that it was her tendency to blame him for just about anything that would happen in the house. But he admitted however that his mother loved him and always ran to his rescue whenever he found himself in trouble, which included his confinement for four (4) months as a drug dependent at the Tagaytay Rehabilitation Center, and his frequent brushes with the law for which he was jailed in Bacoor, Imus, Las Piñas and Tagaytay. He also admitted, albeit reluctantly, that he had not been completely cured of his drug addiction as he escaped from confinement at the rehabilitation center.

On 30 July 1993 the trial court found Zaldy guilty of raping his mother Leonida B. Francisco three (3) times but convicted him of just one (1) offense of rape as the Information charged him with only one rape. Accordingly, the court below sentenced him to reclusion perpetua and to indemnify her mother P50,000.00, and to pay the costs.

The accused assails the decision. He bewails that the trial court (a) gave undue weight to what he described as incredible, unreliable and inconsistent testimony of private complainant on certain material points; (b) did not give any weight to the evidence adduced in his defense; and. (c) rendered a verdict of conviction despite the fact that his guilt was not proved beyond reasonable doubt.

The accused maintains that he could not have raped his mother because granting the sexual congress took place it could not be rape in contemplation of law as the act was consummated with much facility as described by his mother. Moreover, it was not shown that he threatened her with a deadly weapon; neither did she offer any resistance nor shout for help when she had all the opportunity to do so. Besides, it would have been impossible for him to have sexually assaulted his mother in a room at their house rented out to tenants who he knew were likely to return anytime that night. He claims that the testimony of his mother was replete with inconsistencies, which is why the charge against him could only be pure fabrication to put him finally behind bars.

The protestations of the accused are too pretentious, if not perverse, to say the least. Denials being basically self-serving evidence deserve scant consideration. The positive and straightforward testimony of private complainant against her own son — for no less that the crime of rape — certainly far outweighs his mere disavowals.

The lone testimony of the victim in the crime of rape, if credible, is sufficient to sustain a conviction. 4 In the instant case nothing can be more credible and persuasive that the testimony of a 62-year old widow who was raped by her own son. For there can be ascribed no greater motivation for this mater dolorosa defiled and betrayed by her own son than the innate longing of the human spirit for truth and justice to prevail. What abysmal pain and sorrow must have pierced her heart; what immeasurable agony she must have suffered when against the overpowering dictates of maternal compassion she resolved to bring her errant son before the bar of justice.

The alleged inconsistencies in the testimony of private complainant are too minor to affect her credibility. The lapses in her memory regarding the time intervals of the three (3) acts of rape can be attributed to her shocking and debasing experience. Thus we have ruled that inconsistencies on matters of minor details do not detract from the actual fact of rape. Testimonial discrepancies would have been caused by the natural fickleness of memory which tend to strengthen — rather than weaken — credibility as they erase any suspicion of a rehearsed testimony. 5 This appears to be so in the case before us where the crime perpetrated by a son on his mother was sufficient to desensitize the mind to such piddling details as time intervals. More worthy of our estimation is the fact that the testimony of private complainant on material points of the sexual attacks is coherent and straightforward, markedly possessing the ripples of truth. Hence, we are disinclined to disturb the findings of the court a quo which accorded full belief in the narrative of private complainant, rather than in the petulant and enfeebled declarations of Accused-Appellant.

Rape is a detestable crime, an abomination of nature itself. Its reprehensible character assumes an inhuman dimension when it becomes aberrantly oedipal, 6 as in this case. The story of Leonida of the tragedy that befell her may be brief and simple, but the implications drawn therefrom are lengthy and complex, the lessons learned profound and encompassing. The depravity can only deserve condemnation in the strongest possible terms by this Court there being no human punishment sufficient to atone for the wickedness done. The accused definitely deserves the lethal syringe but for the proscription under the 1987 Constitution of the death penalty at the time of the commission of the offense.

WHEREFORE, the appealed decision finding accused-appellant ZALDY FRANCISCO Y BARON guilty of raping his mother Leonida B. Francisco and sentencing him to reclusion perpetua, to indemnify her P50,000.00 and to pay the costs, is AFFIRMED.

SO ORDERED.

Padilla, Vitug, Kapunan and Hermosisima, Jr., JJ., concur.

Endnotes:



1. Exh. "C," p. 5, Rollo.

2. TSN, 7 November 1991, p. 3.

3. TSN, 17 June 1992, p. 5.

4. People v. Antonio, G.R. No. 107950, 17 June 1994, 233 SCRA 283.

5. People v. Cayago, No. 47398, 14 March 1988, 158 SCRA 586.

6. The inordinate libidinous craving of a son for his mother.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






July-1996 Jurisprudence                 

  • G.R. No. 116600 July 3, 1996 - PEOPLE OF THE PHIL. v. REYNALDO LANDICHO

  • G.R. No. 119527 July 3, 1996 - EVELYN J. GARCIA v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121910 July 3, 1996 - NATIONAL WATERWORKS AND SEWERAGE AUTHORITY, ET AL. v. NLRC

  • G.R. Nos. 98121-22 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO R. SALAZAR

  • G.R. No. 100629 July 5, 1996 - ENELYN E. PEÑA, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 100699 July 5, 1996 - PEOPLE OF THE PHIL. v. EDGAR C. GUTIERREZ

  • G.R. No. 102377 July 5, 1996 - ALFREDO SAJONAS, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 102998 July 5, 1996 - BA FINANCE CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105583 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO TAMPON

  • G.R. No. 106296 July 5, 1996 - ISABELO T. CRISOSTOMO v. COURT OF APPEALS, ET AL.

  • G.R. No. 106413 July 5, 1996 - REPUBLIC OF THE PHIL. v. TACLOBAN CITY ICE PLANT, ET AL.

  • G.R. No. 107698 July 5, 1996 - GLORIA Z. GARBO v. COURT OF APPEALS, ET AL.

  • G.R. No. 107824 July 5, 1996 - SUPERCLEAN SERVICES CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 109173 July 5, 1996 - CITY OF CEBU v. COURT OF APPEALS, ET AL.

  • G.R. No. 111324 July 5, 1996 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. COURT OF APPEALS, ET AL.

  • G.R. No. 111549 July 5, 1996 - PEOPLE OF THE PHIL. v. ARTEMIO P. ORTALEZA

  • G.R. Nos. 113178 & 114777 July 5, 1996 - RADIO COMMUNICATIONS OF THE PHIL. v. NLRC, ET AL.

  • G.R. No. 113549 July 5, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 113827 July 5, 1996 - PHILIPPINE AIRLINES INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 113948 July 5, 1996 - ARMANDO NICOLAS v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114002 July 5, 1996 - PEOPLE OF THE PHIL. v. ELEUTERIO C. COMPENDIO, JR.

  • G.R. No. 115216 July 5, 1996 - PEOPLE OF THE PHIL. v. DAVID CABILES

  • G.R. No. 115825 July 5, 1996 - FRANKLIN DRILON v. COURT OF APPEALS, ET AL.

  • G.R. No. 116208 July 5, 1996 - PEOPLE OF THE PHIL. v. ESMAEL SALIDO

  • G.R. No. 116693 July 5, 1996 - PURITA DE LA PEÑA, ET AL. v. PEDRO R. DE LA PEÑA, ET AL.

  • G.R. No. 118203 July 5, 1996 - EMILIO A. SALAZAR, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118231 July 5, 1996 - VICTORIA L. BATIQUIN, ET AL. v. COURT OF APPEALS

  • G.R. No. 118284 July 5, 1996 - MAMERTO REFUGIA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118562 July 5, 1996 - ANGLO-KMU v. SAMANA BAY, ET AL.

  • G.R. No. 118691 July 5, 1996 - ALEJANDRO BAYOG, ET AL. v. ANTONIO M. NATINO, ET AL.

  • G.R. Nos. 118712 & 118745 July 5, 1996 - LAND BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 118824 July 5, 1996 - PEOPLE OF THE PHIL. v. ROMEO GARCIA

  • G.R. No. 119069 July 5, 1996 - PEOPLE OF THE PHIL. v. DANILO EXCIJA

  • G.R. No. 119845 July 5, 1996 - ANTONIO M. GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. No. 120949 July 5, 1996 - ARACELI RAMOS FONTANILLA v. PEOPLE OF THE PHIL.

  • G.R. No. 121180 July 5, 1996 - GERARD A. MOSQUERA v. DELIA H. PANGANIBAN, ET AL.

  • G.R. No. 121592 July 5, 1996 - ROLANDO P. DELA TORRE v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 122807 July 5, 1996 - ROGELIO P. MENDIOLA v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. RTJ-91-712 July 9, 1996 - BEN D. MARCES, SR. v. PAUL T. ARCANGEL

  • G.R. No. 88189 July 9, 1996 - PEOPLE OF THE PHIL. v. TIBURCIO ABALOS

  • G.R. No. 103922 July 9, 1996 - SANTIAGO LAND DEVELOPMENT COMPANY v. COURT OF APPEALS, ET AL.

  • G.R. No. 104312 July 9, 1996 - PEOPLE OF THE PHIL. v. MARIO CABALLERO

  • G.R. No. 109563 July 9, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 114058 July 10, 1996 - PEOPLE OF THE PHIL. v. ZALDY B. FRANCISCO

  • G.R. No. 74495 July 11, 1996 - DUMEZ COMPANY, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 80437-38 July 11, 1996 - PEOPLE OF THE PHIL. v. ROBERTO B. ABORDO

  • G.R. Nos. 94376-77 July 11, 1996 - PEOPLE OF THE PHIL. v. ELMER O. BELGA

  • G.R. No. 103174 July 11, 1996 - AMADO B. TEODORO v. COURT OF APPEALS, ET AL.

  • G.R. No. 103968 July 11, 1996 - PEOPLE OF THE PHIL. v. DIMSON M. GARDE

  • G.R. No. 104860 July 11, 1996 - CITYTRUST BANKING CORPORATION v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 106418 July 11, 1996 - DANIEL L. BORBON II, ET AL. v. SERVICEWIDE SPECIALISTS, INC., ET AL.

  • G.R. No. 109156 July 11, 1996 - STOLT-NIELSEN MARINE SERVICES (PHILS.) INC. v. NLRC, ET AL.

  • G.R. No. 110207 July 11, 1996 - FLORENTINO REYES, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116221 July 11, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO G. GABRIS

  • Adm. Matter No. P-93-995 July 12, 1996 - ROBERTO JALBUENA v. EGARDO GELLADA, ET AL.

  • G.R. No. 88126 July 12, 1996 - REPUBLIC OF THE PHIL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 96795 July 12, 1996 - ANTONIO M. CORRAL v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 108926 July 12, 1996 - REPUBLIC OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 116128 & 116461 July 12, 1996 - ALLIED BANKING CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 121139 July 12, 1996 - ISIDRO B. GARCIA v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 88822 July 15, 1996 - PEOPLE OF THE PHIL. v. ALEJANDRO M. TUVILLA

  • G.R. No. 117661 July 15, 1996 - DANIEL VILLANUEVA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 83437-38 July 17, 1996 - PEOPLE OF THE PHIL. v. WILFREDO R. GUARIN

  • G.R. No. 98458 July 17, 1996 - COCOLAND DEV. CORP. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 102037 July 17, 1996 - MELANIO IMPERIAL v. COURT OF APPEALS, ET AL.

  • G.R. No. 106977 July 17, 1996 - PEOPLE OF THE PHIL. v. AQUILIO ACABO

  • G.R. Nos. 109396-97 July 17, 1996 - PEOPLE OF THE PHIL. v. ROMEO S. OARGA

  • G.R. No. 114795 July 17, 1996 - LUCITA Q. GARCES v. COURT OF APPEALS, ET AL.

  • G.R. No. 116728 July 17, 1996 - PEOPLE OF THE PHIL. v. RODELIO S. CRUZ

  • G.R. No. 120496 July 17, 1996 - FIVE STAR BUS CO., INC., ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-96-1088 July 19, 1996 - RODOLFO G. v. HERNANDO C. DOMAGTOY

  • G.R. Nos. 70168-69 July 24, 1996 - RAFAEL T. MOLINA, ET AL. v. PEOPLE OF THE PHIL., ET AL.

  • G.R. No. 95940 July 24, 1996 - PANTRANCO NORTH EXPRESS, INC. v. NLRC, ET AL.

  • G.R. No. 108052 July 24, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 110241 July 24, 1996 - ASIA BREWERY, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. Nos. 115008-09 July 24, 1996 - PEOPLE OF THE PHIL. v. DANIEL C. QUIJADA

  • G.R. No. 120043 July 24, 1996 - AMERICAN HOME ASSURANCE CO., ET AL v. NLRC, ET AL.

  • G.R. No. 120099 July 24, 1996 - EDUARDO T. RODRIGUEZ v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 120303 July 24, 1996 - FEDERICO GEMINIANO, ET AL. v. COURT OF APPEALS, ET Al.

  • Adm. Matter No. RTJ-96-1336 July 25, 1996 - JOCELYN TALENS-DABON v. HERMIN E. ARCEO

  • G.R. No. 95223 July 26, 1996 - ALLIED BANKING CORPORATION v. COURT OF APPEALS, ET AL.

  • G.R. No. 105673 July 26, 1996 - PEOPLE OF THE PHIL. v. ANTONIO MAGANA

  • G.R. Nos. 105690-91 July 26, 1996 - PEOPLE OF THE PHIL v. RODOLFO CAGUIOA, SR.

  • G.R. No. 110731 July 26, 1996 - SHOPPERS GAIN SUPERMART, ET AL. v. NLRC, ET AL.

  • G.R. No. 111127 July 26, 1996 - ENGRACIO FABRE, JR., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 112175 July 26, 1996 - PEOPLE OF THE PHIL. v. RODOLFO DIAZ

  • G.R. Nos. 114280 & 115224 July 26, 1996 - PHILIPPINE AIRLINES, INC. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 115683 July 26, 1996 - DELIA MANUEL v. DAVID ALFECHE, JR., ET AL.

  • G.R. No. 118434 July 26, 1996 - SIXTA C. LIM v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 119225 July 26, 1996 - PEOPLE OF THE PHIL. v. RODRIGO G. ABUTIN

  • G.R. No. 119328 July 26, 1996 - PROVIDENT INT’L. RESOURCES INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119673 July 26, 1996 - IGLESIA NI CRISTO (INC.) v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-93-783 July 29, 1996 - OFFICE OF THE COURT ADMINISTRATOR v. FILOMENO PASCUAL

  • G.R. Nos. 97556 & 101152 July 29, 1996 - DAMASO S. FLORES v. COURT OF APPEALS, ET AL.

  • G.R. No. 111639 July 29, 1996 - MIDAS TOUCH FOOD CORPORATION v. NLRC, ET AL.

  • G.R. No. 114313 July 29, 1996 - MGG MARINE SERVICES, INC., ET AL. v. NLRC, ET AL.

  • Adm. Matter No. P-95-1148 July 30, 1996 - PEDRO ROQUE, ET AL. v. ZENAIDA GRIMALDO

  • G.R. No. 102557 July 30, 1996 - ALFONSO D. ZAMORA v. COURT OF APPEALS, ET AL.

  • G.R. No. 108028 July 30, 1996 - PEOPLE OF THE PHIL. v. CRISTINA M. HERNANDEZ

  • G.R. No. 116512 July 30, 1996 - PEOPLE OF THE PHIL. v. LEOPOLDO BACANG, ET AL.

  • G.R. No. 116542 July 30, 1996 - HONGKONG AND SHANGHAI BANKING CORP. v. NLRC, ET AL.

  • G.R. No. 118590 July 30, 1996 - D.M. CONSUNJI, INC. v. RAMON S. ESGUERRA, ET AL.

  • G.R. No. 122241 July 30, 1996 - BOARD OF OPTOMETRY, ET AL. v. ANGEL B COLET, ET. AL.

  • G.R. Nos. 111517-19 July 31, 1996 - PEOPLE OF THE PHIL. v. ROGER N. AUSTRIA

  • G.R. No. 112233 July 31, 1996 - COKALIONG SHIPPING LINES v. OMAR U. AMIN

  • G.R. No. 112611 July 31, 1996 - CLARA ATONG VDA. DE PANALIGAN, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116015 July 31, 1996 - GOVERNMENT SERVICE INSURANCE SYSTEM v. COURT OF APPEALS, ET AL.

  • G.R. No. 119306 July 31, 1996 - PEOPLE OF THE PHIL. v. DANTE BELTRAN

  • G.R. No. 121917 July 31, 1996 - ROBIN CARIÑO PADILLA v. COURT OF APPEALS, ET AL.

  • G.R. No. 122274 July 31, 1996 - SUSAN V. LLENES v. ISAIAS P. DICDICAN, ET AL.

  • G.R. No. 122749 July 31, 1996 - ANTONIO A. S. VALDES v. RTC, BRANCH 102, QUEZON CITY, ET AL.