Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1996 > September 1996 Decisions > G.R. No. 118918 September 27, 1996 - PEOPLE OF THE PHIL. v. ANGELITO TALLEDO:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 118918. September 27, 1996.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. ANGELITO TALLEDO, Accused-Appellant.


D E C I S I O N


VITUG, J.:


Accused-appellant Angelito Talledo was charged with, and convicted of, the crime of rape, under an information that read:jgc:chanrobles.com.ph

"The undersigned Asst. Provincial Prosecutor on complaint of the offended party Rosario Mariano y Brojas accuses Angelito Talledo of the crime of rape, penalized under the provisions of Art. 335 of the Revised Penal Code, committed as follows:jgc:chanrobles.com.ph

"That on or about the 22nd day of July, 1992, in the municipality of San Miguel, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the said accused Angelito Talledo, by means of force, threats and intimidation and with lewd design (had) carnal knowledge of the said offended party against her will.

"Contrary to law." 1

Accused-appellant, when arraigned, pleaded "not guilty" to the charge.

At the trial, the prosecution presented its version, hereunder summarized, of the facts that gave rise to the accusation.

The private complainant, Rosario (Charito) Mariano, is a young housewife with three children. The husband works in Manila.

At around two o’clock in the afternoon of 22 July 1992, while Rosario was alone 2 at home washing the dishes, the accused, Angelito Talledo, arrived purportedly to buy some ice. He was drunk. Rosario told the accused that they had none available and, since he somewhat appeared to tarry, she begged him to leave. He refused. After a while, Rosario left to ask the relatives of the accused (whose residence was about twenty houses away) for their help. Talledo’s grandmother accompanied Rosario back to the latter’s house. They found the accused taking a nap on a wooden bed ("papag"). He was awakened and requested to go home but, again, he refused.

Talledo’s grandmother left but not before she had assured Rosario that the accused would not do her any harm. Rosario continued with her work and did the chore outside the house. She was still washing the dishes when Talledo suddenly grabbed her and forced her back inside the house. She struggled to free herself until she accidentally bumped her head on the wall that made her almost lose consciousness. When she recovered, she found herself already being raped by the accused. She shouted but the din of the rain muffled her cries. Talledo succeeded in satisfying his bestial desire. His mind evidently still befuddled by alcohol, Talledo went outside the house and, in a loud voice, proclaimed his "success" Rosario promptly reported the matter over to Roger Pineda, the barangay captain, whose wife later accompanied Rosario to the San Miguel Emergency Hospital. The physical examination 3 disclosed that Rosario suffered from —

"Superficial laceration, Right cheek.

Contusion, neck, lateral, Right.

Contusion to anterior-posterior chest.

Contusion to upper extremities, Left and Right.

Hematoma, occipital area, Right.

Vaginal smear = positive for sperm cells." 4

The accused did not deny having had sex with private complainant; indeed, he asserted that, being "lovers," the two had indulged in the act in not a few occasions.

On 14 December 1994, the trial court found for the prosecution and held Talledo guilty beyond reasonable doubt of rape. The Regional Trial Court 5 held:jgc:chanrobles.com.ph

"WHEREFORE, in view of the foregoing, judgment is hereby rendered finding the accused ANGELITO TALLEDO guilty beyond reasonable doubt of the crime of rape and hereby sentences him to suffer the penalty of reclusion perpetua.

"SO ORDERED." 6

A notice of appeal was filed by Talledo. His thesis:jgc:chanrobles.com.ph

"THE TRIAL COURT ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE BY GIVING FULL FAITH AND CREDENCE TO THE TESTIMONY OF COMPLAINING WITNESS." 7

The defense attempts, by and large, to discredit private complainant due to supposed inconsistencies in her testimony narrated before the court below.

Regrettably, the Court does not see it that way.

Appellant would bewail the fact that Rosario said that she was sleeping when Talledo arrived at her house but that in her later testimony she stated that she was not sleeping but washing the dishes. Rosario explained the matter rather well when cross-examined.

"Q During your direct testimony you said that about 2:00 o’clock in the afternoon on the date of the incident the accused knocked at your door buying some ice and you told there was no ice, so this is not true?

"A Yes, sir.

"Q And what were you doing at that time?

"A I was washing the dishes, sir.

"Q But during the last hearing you said on direct examination on page 5 of the tsn at about 2:00 o’clock in the afternoon while you were sleeping?

"Witness:jgc:chanrobles.com.ph

"A I just woke up and then I washed the dishes, sir." 8

It was quite strange, appellant would insist, that Rosario could recall things that transpired even while in a state of unconsciousness. Rosario declared that while the accused was dragging her into the house, her head bumped against the wall and she became unconscious; yet, she was able to tell being carried into the house by Accused-Appellant. Similarly, she said that accused-appellant had hit her with his fist causing her to lose consciousness; yet she could remember that accused-appellant threw her on the bed and threatened to kill her if she resisted. The defense here exaggerated. This was how Rosario testified:jgc:chanrobles.com.ph

"Q What else happened after he carried you?

"A While he was carrying me, he was talking to me and saying I will kill you. And I was already very afraid.

"Fiscal:jgc:chanrobles.com.ph

"Q What did he do if any?

"Witness:jgc:chanrobles.com.ph

"A He threw me in one side of our house. He told me not to shout because he will kill me.

"Q After he pushed you what else happened?

"A He bumped my head on the wall and I became unconscious.

"Q When you became unconscious, do you know if anything happened?

"A I was already unconscious. He carried me in the house.

"Q You said that you were already unconscious, how did you know that you were carried?

"A I can still feel it because I was semi-conscious.

"Q What else happened if any after that?

"Witness:jgc:chanrobles.com.ph

"A He even box my stomach and really I was unconscious at that time. What he did is he threw me on top of the bed and he shouted to me don’t shout and he will kill me." 9

"Atty. Manlangit:jgc:chanrobles.com.ph

"Q You said that when the accused bumped your head against the wall, do you want to say you were unconscious?

"Witness:jgc:chanrobles.com.ph

"A Slightly unconscious, sir.

"Q And after that, the accused boxed you in the stomach and that was the time that you completely loss your consciousness?

"A Yes, sir.

"Q When you were awakened the accused was no longer inside your house?

"A When I regain my consciousness the accused was still there and he was raping me, sir." 10

Next, appellant would cast falsity on private complainant’s testimony that she was washing dishes outside the house before the incident transpired when, in another vein, she said that her shouts for help could not be heard because of a heavy downpour. Rosario, however, did not say that there was such a downpour while washing the dishes; it was much later, while struggling against the accused-appellant, that she stated the din of the rain muffled her cries.

The defense would fault Rosario for having failed at the time to "take appropriate action to ensure her safety." But, in fact, she did. When appellant had refused to leave, she asked Talledo’s relatives to help her. When, despite his grandmother’s plea, Talledo still would not leave, Rosario did not stay inside, but resumed to do her chore of washing the dishes outside, the house. The accused’s grandmother also assured Rosario that Talledo would not cause her any harm.

The defense branded "absurd and incredulous" Rosario’s claim that after committing the rape, Talledo went out of the house and in the open announced that he had "succeeded" in raping private complainant. Appellant must have forgotten that he was then drunk. The act he had committed, in his inebriated state, was an act he believed he could vaunt about. Neither, on the part of Rosario, was it strange that she shouted for help even after the assault was over. She certainly was not proclaiming her disgrace but clearly she just wanted to condemn outrightly the dastardly act. She indeed promptly reported the incident to the Barangay Captain. In any event, varied behavioral responses could be expected in the proximity of, or in confronting, an uncommon occurrence.

It is when the testimony appears totally flawless that a court can have some misgivings on its veracity. A few inconsistencies can be anticipated from even the most dependable and candid witness. In fact, certain minor variances in the details of witness’ account, more frequently than not, can be badges of truth rather than indicia of falsehood, 11 and they often bolster the probative value of testimony. 12

The Court, in conclusion, finds no reason to disturb the factual findings of the trial a quo. Repeatedly, this Court has sustained the trial court in this respect, considering its vantage point in the evaluation of testimonial evidence, absent, of course, any showing of serious error or irregularity that, otherwise, would alter the results of the case. 13

An award of moral damages was unfortunately missed by the trial court; Article 2219 of the Civil Code would mandate it. 14

WHEREFORE, the judgment of the court a quo finding accused-appellant guilty beyond reasonable doubt of the crime of rape, and sentencing him accordingly, is AFFIRMED, subject to the modification that accused-appellant is likewise ordered to indemnify private complainant, Rosario Mariano y Brojas, the sum of P30,000.00 by way of moral damages.

SO ORDERED.

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

Endnotes:



1. Rollo, p. 3.

2. The children were in school.

3. Conducted by Edgar S. Ernie, M.D.

4. Records, p. 58.

5. Branch 22, Malolos, Bulacan, Hon. Judge Candido R. Belmonte presiding.

6. Rollo, p. 31.

7. Rollo, p. 51.

8. TSN, 18 February 1994, pp. 3-4.

9. TSN, 07 September 1993, pp. 7-9.

10. TSN, 03 May 1994, p. 13.

11. See People v. Ponayo, 235 SCRA 226.

12. People v. Querido, 229 SCRA 745.

13. People v. Laroa, 248 SCRA 277.

14. People v. Miranda, 235 SCRA 202; People v. Bulaybulay, 248 SCRA 601.




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






September-1996 Jurisprudence                 

  • Adm. Matter No. MTJ-93-773 September 3, 1996 - JOSE A. BERSALES v. DIOSDADO C. ARRIESGADO

  • G.R. Nos. 96259 & 96274 September 3, 1996 - LUIS J. GONZAGA, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 106962 September 3, 1996 - PEOPLE OF THE PHIL. v. ERNESTO ATUEL

  • G.R. No. 109767 September 3, 1996 - PEOPLE OF THE PHIL. v. ROLANDO Q. MONTEREY

  • G.R. No. 118696 September 3, 1996 - RAMON S. OROSA, ET AL. v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. P-96-1218 September 4, 1996 - ERLINDA C. ABERGAS v. MERLITA V. BAGOLBAGOL

  • G.R. No. 105006 September 4, 1996 - PEOPLE OF THE PHIL. v. RODRIGO VILLARUEL, ET AL.

  • G.R. No. 110187 September 4, 1996 - JOSE G. EBRO III v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 111173 September 4, 1996 - PHILIPPINE SAVINGS BANK v. NATIONAL LABOR RELATIONS COMMISSION, ET. AL.

  • G.R. No. 123026 September 4, 1996 - JAIME R. RODRIGUEZ v. COURT OF APPEALS, ET AL.

  • Adm. Matter No. MTJ-92-720 September 5, 1996 - SIMEON BENJAMIN, SR. v. EUGENIO C. ALABA

  • G.R. No. 115005 September 5, 1996 - PEOPLE OF THE PHIL. v. CATALINO FABRIGAS, JR., ET AL.

  • G.R. No. 117488 September 5, 1996 - SANTIAGO IBASCO v. COURT OF APPEALS, ET AL.

  • G.R. No. 118509 September 5, 1996 - LIMKETKAI SONS MILLING, INC. v. COURT OF APPEALS, ET AL.

  • Adm. Matter Nos. P-95-1171 & 8733-Ret September 6, 1996 - CLARA BEEGAN v. TEOTIMO BORJA, ET AL.

  • G.R. No. 108179 September 6, 1996 - PEOPLE OF THE PHIL. v. MANOLITO MALAZARTE

  • G.R. No. 116122 September 6, 1996 - PEOPLE OF THE PHIL. v. ARNOLD M. CASTILLO

  • G.R. No. 117983 September 6, 1996 - RIZALINO P. UY v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 118633 September 6, 1996 - LAPULAPU DEV’T. & HOUSING CORP. v. TEODORO K. RISOS, ET AL.

  • G.R. No. 63528 September 9, 1996 - ATOK BIG-WEDGE MINING CO. v. INTERMEDIATE APPELLATE COURT, ET AL.

  • G.R. No. 91619 September 9, 1996 - PEOPLE OF THE PHIL. v. GAVINO L. PASAYAN

  • G.R. No. 107545 September 9, 1996 - UNICANE WORKERS UNION-CLUP, ET AL. v. NLRC, ET AL.

  • G.R. No. 114290 September 9, 1996 - RAYCOR AIRCONTROL SYSTEM, INC. v. NLRC, ET AL.

  • G.R. No. 116222 September 9, 1996 - PEOPLE OF THE PHIL. v. LINDES PAYNOR

  • Adm. Matter No. MTJ-96-1096 September 10, 1996 - ELEAZAR JOSEP v. JOVITO C. ABARQUEZ

  • G.R. No. 113224 September 11, 1996 - PEOPLE OF THE PHIL. v. ABDUL HADI S. ALSHAIKA

  • G.R. Nos. 118168-70 September 11, 1996 - PEOPLE OF THE PHIL. v. REYNALDO D. PAULE

  • G.R. No. 120082 September 11, 1996 - MACTAN CEBU INT’L. AIRPORT AUTHORITY v. FERDINAND J. MARCOS, ET AL.

  • G.R. No. 120654 September 11, 1996 - MARIA LOURDES PAREDES-GARCIA v. COURT OF APPEALS, ET AL.

  • G.R. Nos. 106345-46 September 16, 1996 - PEOPLE OF THE PHIL. v. ROMEO J. TUSON

  • G.R. No. 108733 September 16, 1996 - PEOPLE OF THE PHIL. v. RENANTE T. PAREL

  • G.R. No. 113204-05 September 16, 1996 - BARBIZON PHIL., INC. v. NAGKAKAISANG SUPERVISOR NG BARBIZON PHIL., ET AL.

  • G.R. No. 115497 September 16, 1996 - INTERORIENT MARITIME ENTERPRISES, ET AL. v. NLRC, ET AL.

  • G.R. No. 117641 September 16, 1996 - PEOPLE OF THE PHIL. v. MAGENCIO PADA

  • G.R. No. 118101 September 16, 1996 - EDDIE DOMASIG v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 103875 September 18, 1996 - PEOPLE OF THE PHIL. v. JOSE NARSICO

  • G.R. No. 105084 September 18, 1996 - PEOPLE OF THE PHIL. v. RONNIE A. VILLAVIRAY, ET AL.

  • G.R. No. 112989 September 18, 1996 - PEOPLE OF THE PHIL. v. PEDRITO B. AÑONUEVO

  • G.R. No. 113191 September 18, 1996 - DEPARTMENT OF FOREIGN AFFAIRS v. NLRC, ET AL.

  • G.R. No. 119769 September 18, 1996 - BERNARD RAYMOND T. SAULOG, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 99867 September 19, 1996 - PEOPLE OF THE PHIL. v. NARCISO BARERA

  • G.R. No. 111262 September 19, 1996 - SAN MIGUEL CORP. EMPLOYEES UNION-PTGWO v. MA. NIEVES D. CONFESOR, ET AL.

  • G.R. No. 117250 September 19, 1996 - PATRICIA SANDEL v. COURT OF APPEALS, ET AL.

  • G.R. No. 99859 September 20, 1996 - PHIL. SCOUT VETERANS SECURITY & INVESTIGATION AGENCY v. NLRC, ET AL.

  • G.R. Nos. 105938 & 108113 September 20, 1996 - TEODORO R. REGALA, ET AL. v. SANDIGANBAYAN, ET AL.

  • G.R. No. 106536 September 20, 1996 - PEOPLE OF THE PHIL. v. EDGAR LAYAGUIN, ET AL.

  • G.R. No. 111267 September 20, 1996 - COLUMBIA PICTURES ENTERTAINMENT, INC., ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116624 September 20, 1996 - BALIWAG TRANSIT, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 116989 September 20, 1996 - PEOPLE OF THE PHIL. v. GUILLERMO CRUZ

  • G.R. No. 118180 September 20, 1996 - DEVELOPMENT BANK OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119220 September 20, 1996 - PEOPLE OF THE PHIL. v. NILO SOLAYAO

  • G.R. Nos. 119964-69 September 20, 1996 - PEOPLE OF THE PHIL. v. VICTORINO DEL MUNDO

  • Adm. Matter No. MTJ-94-999 September 23, 1996 - TERESITA DYSICO v. EUGENIO A. DACUMOS

  • Adm. Matter No. MTJ-96-1099 September 23, 1996 - SURIGAO CITIZENS’ MOVEMENT FOR GOOD GOVERNMENT v. FLORDELIZA D. CORO

  • Adm. Matter No. P-96-1225 September 23, 1996 - ANATOLIA A. JUNTILLA v. TERESITA J. CALLEJA, ET AL.

  • G.R. No. 102692 September 23, 1996 - JOHNSON & JOHNSON (PHILS.) v. COURT OF APPEALS, ET AL.

  • G.R. No. 118653 September 23, 1996 - PEOPLE OF THE PHIL. v. MARCOS VILLEGAS

  • G.R. No. 119957 September 23, 1996 - PEOPLE OF THE PHIL. v. RODOLFO L. BAWAR

  • G.R. No. 120097 September 23, 1996 - FOOD TERMINAL, INC. v. COURT OF APPEALS, ET AL.

  • G.R. No. 121433 September 23, 1996 - RAUL H. SESBREÑO v. COURT OF APPEALS, ET AL.

  • G.R. No. 97425 September 24, 1996 - PEOPLE OF THE PHIL. v. ROMUALDO G. MIRANDA

  • G.R. No. 106875 September 24, 1996 - PEOPLE OF THE PHIL. v. NESTOR BABOR, ET AL.

  • G.R. No. 111914 September 24, 1996 - JORGE M. RANISES v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 114007 September 24, 1996 - PEOPLE OF THE PHIL. v. GONZALO GALAS, ET AL.

  • G.R. No. 97067 September 26, 1996 - HOMEOWNERS SAVINGS AND LOAN ASSO. v. NLRC, ET AL.

  • G.R. Nos. 115314-23 September 26, 1996 - RODRIGO BORDEOS, ET AL. v. NATIONAL LABOR RELATIONS COMMISSION, ET AL.

  • G.R. No. 116232 September 26, 1996 - PEOPLE OF THE PHIL. v. ERNESTO G. DE LEON

  • G.R. No. 118882 September 26, 1996 - PEOPLE OF THE PHIL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 119325 September 26, 1996 - PEOPLE OF THE PHIL. v. SULPICIO R. CAPINIG

  • G.R. No. 119580 September 26, 1996 - PHILIPPINE NATIONAL BANK v. COURT OF APPEALS, ET AL.

  • G.R. No. 121200 September 26, 1996 - GLORIA A. SAMEDRA LACANILAO, ET AL. v. COURT OF APPEALS, ET AL.

  • G.R. No. 125416 September 26, 1996 - SUBIC BAY METROPOLITAN AUTHORITY v. COMMISSION ON ELECTIONS, ET AL.

  • G.R. No. 111399 September 27, 1996 - ODON PECHO v. PEOPLE OF THE PHIL., ET AL.

  • G.R. Nos. 115150-55 September 27, 1996 - PEOPLE OF THE PHIL. v. REYDANTE A. CALONZO

  • G.R. No. 118918 September 27, 1996 - PEOPLE OF THE PHIL. v. ANGELITO TALLEDO

  • G.R. No. 125672 September 27, 1996 - JESUSA CRUZ v. CORRECTIONAL INSTITUTION FOR WOMEN IN MANDALUYONG

  • Adm. Matter No. 96-3-88-RTC September 30, 1996 - IN RE: REPORT ON AUDIT AND INVENTORY OF CASES IN RTC-ALAMINOS, PANGASINAN

  • Adm. Matter No. RTJ-96-1346 September 30, 1996 - LEO C. TABAO v. WALERICO B. BUTALID

  • G.R. No. 97933 September 30, 1996 - PEOPLE OF THE PHIL v. ANTONIO T. APAWAN

  • G.R. Nos. 115350 & 117819-21 September 30, 1996 - PEOPLE OF THE PHIL . v. RESTITUTO C. PABALAN

  • G.R. Nos. 116716-18 September 30, 1996 - PEOPLE OF THE PHIL. v. ANTONIO F. GABAN

  • G.R. No. 119219 September 30, 1996 - PEOPLE OF THE PHIL. v. EDUARDO F. LIGOTAN