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SECOND DIVISION

G.R. No. L-41700 August 30, 1982

THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. RICARTE SIBAYAN, Accused-Appellant.

Actg. Solicitor General E. Gutierrez, Jr., Asst. Solicitor General Guillermo C. Nakar, Jr., and Solicitor Celia Lipana-Reyes for plaintiff-appellee.chanrobles virtual law library

Candido P. Balbin, Jr., for accused-appellant.

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ABAD SANTOS, J.:

This s is an appeal from a decision of the Court of First Instance of Ilocos Sur, Branch IV, at Candon, convicting Ricarte Sibayan and Jecris Taqueban of the crime of rape, sentencing each of them to suffer reclusion perpetua and to pay the complainant Juanita Sagorsor P10,000.00 as moral damages.chanroblesvirtualawlibrary chanrobles virtual law library

Jecris Taqueban moved to withdraw his appeal and his motion was granted in Our resolution dated March 5, 1980. Hence this appeal concerns Ricarte Sibayan only.chanroblesvirtualawlibrary chanrobles virtual law library

The information against the accused reads as follows: chanrobles virtual law library

The undersigned First Assistant Provincial Fiscal upon sworn complaint originally filed by the offended party accuses Ricarte Sibayan and Jecris Taqueban of the crime of rape defined and penalized under Article 335 of the Revised Penal Code committed as follows: chanrobles virtual law library

That on or about the 7th day of January, 1973 in the municipality of Sigay, province of Ilocos Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Ricarte Sibayan and Jecris Taqueban conspiring together and helping one another, did then and there wilfully, unlawfully and feloniously have carnal knowledge of one, Juanita Sagorsor, by means of force and intimidation and against the latter's will and consent.chanroblesvirtualawlibrary chanrobles virtual law library

Contrary to law, and with the aggravating circumstances that the crime was committed with the abuse of superior strength and in an uninhabited place.

The People's version of the facts to support the information is the following: chanrobles virtual law library

On January 7, 1973, at around 1:00 o'clock in the afternoon, complainant Juanita Sagorsor, fifteen years of age, was walking along the mountain trail on her way home to Matalucod, Sigay, Ilocos Sur (p. 1, tsn, Jan. 7, 1975). On the way, at Sitio Butac, Barrio Sto. Rosario, Sigay, Ilocos Sur, she met accused Jecris Taqueban and Ricarte Sibayan who asked complainant where she came from (p. 2, tsn, Jan. 7, 1975). After answering the query of said Jecris and Ricarte, Juanita proceeded to walk but she noticed that Jecris and Ricarte were following her (pp. 2-3, tsn, Jan. 7, 1975). Jecris and Ricarte finally caught up with her and both held her hands (p. 3, tsn, Jan. 7, 1975). Juanita struggled with them but they succeeded in throwing her to the ground (p. 3, tsn, Jan. 7, 1975). Immediately thereafter, Ricarte, after having removed complainant's panty, placed himself on top of Juanita and despite the resistance put up by the latter, he was able to have carnal knowledge of her while Jecris was holding complainant by the shoulders (pp. 3-4, tsn, Jan. 7, 1975; p. 2, tsn, Jan. 28, 1975). After Ricarte had sexually abused Juanita, accused Jecris went on top of her and also had sexual intercourse with complainant who was already very weak (p. 3, tsn, Jan. 28, 1975). Juanita felt pains during the time that the two accused were having carnal knowledge of her (p. 5, tsn, Jan. 7, 1975; p. 3, tsn, Jan. 28, 1975). Thereafter, Juanita lost consciousness but when she regained her consciousness, Jecris and Ricarte were no longer around (p. 4, tsn, Jan. 28, 1975). Being very weak, she rested for a while to regain her lost strength and then proceeded to the house of her grandfather, Valentin Sagorsor, at Matalucod, Sigay, Ilocos Sur (p. 4, tsn, Jan. 28, 1975). However, her grandfather was not there, so she proceeded to her father's house (p. 4, tsn, Jan. 28, 1975). Unfortunately, her father was also out (p. 4, tsn, Jan. 28, 1975). She decided to seclude herself in the house but she could not sleep because she kept on thinking of what happened to her (p. 5, tsn, Jan. 28, 1975). She felt like having influenza so, together with her brother, she decided to get a blanket and went to her auntie's place (p. 5, tsn, Jan. 28, 1975). The following day, when Juanita's grandmother, Marta Sagorsor arrived from Laoag, she reported to her that she was sexually abused by Jecris and Ricarte (p. 5, tsn, Jan. 28, 1975). Marta in turn reported to Juanita's uncle, Ernesto Dingoasin, a policeman of Sigay, what was related to her by complainant so Ernesto requested the presence of the Chief of Police in the investigation of the same (p. 6, tsn, Jan. 28, 1975).chanroblesvirtualawlibrary chanrobles virtual law library

Juanita Sagorsor was investigated in the house of her father in the latter's presence, after which they proceeded to the Municipal Building where Juanita related to the Municipal Mayor what happened to her but the Mayor told her to wait for the Judge (p. 6-7, tsn, Jan. 28, 1975). When the Judge arrived, Juanita told him that she wanted the two accused to die (p. 7, tsn, Jan. 28, 1975).chanroblesvirtualawlibrary chanrobles virtual law library

Some people who were in the Municipal Building tried to settle the case amicably but Juanita refused, so the Mayor advised her to see a doctor (pp. 7-8, tsn, Jan. 28, 1975).chanroblesvirtualawlibrary chanrobles virtual law library

On January 18, 1975, Dr. Ricardo Gacula physically examined Juanita and issued a Medical Certificate (Exh. "A") with the following findings:

Hymen had a healing laceration on the upper right side of the slit and that there was insertion through the laceration.

Juanita, however, reported the matter to the 146 PC Co. at Candon, Ilocos Sur and gave a statement (Exh. "D") there because of the inaction of the police officers and municipal authorities of Sigay to file the necessary complaint (p. 8, tsn, Jan. 28, 1975; pp. 10-11, tsn, Feb. 18, 1974). She signed a Criminal Complaint (Exh. "C" and "C-1") before the Fiscal and based on the said complaint, an Information for Rape was filed by the Fiscal's Office.

There is no legal question involved in this appeal. The sole issue is the credibility of witnesses. The appellant claims that he did not ravish Juanita as set forth in the information and described in the People's version of the facts and that granting arguendo that Juanita was raped she had pardoned the offenders prior to the filing of the complaint.chanroblesvirtualawlibrary chanrobles virtual law library

Well-settled is the rule that an appellate court which has only the cold records of the case before it will not disturb the findings of the trial court which had the advantage of having seen and heard the witnesses and observed their deportment and manner of testifying. The only exception to the rule is when the trial court plainly overlooked certain facts and circumstances of weight and influence which, if considered, will materially affect the result of the case.chanroblesvirtualawlibrary chanrobles virtual law library

In the case at bar, We have examined the record and the facts are as stated in the decision of the trial court and restated in the People's brief. Juanita Sagorsor was indeed raped by Ricarte Sibayan in the afternoon of January 7, 1973, while she was on her way home from Suyo to Barrio Matalucod, Sigay, both in Ilocos Sur.chanroblesvirtualawlibrary chanrobles virtual law library

However, We have to look at the claim of the appellant that he had been pardoned by the complainant prior to the filing of the complaint. In support of this claim he cites the testimony of Simeon Wandas then Municipal Mayor of Sigay, Ilocos Sur. Testifying on February 18, 1974; Mayor Wandas among other things, said: chanrobles virtual law library

FISCAL S. VALDEZ: Now was there any further investigation that took place?

A I called the attention of the Judge to investigate the case, Municipal Judge to investigate the case, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Municipal Judge you said to whom are you referring as your Municipal Judge? chanrobles virtual law library

A Attorney Judge Leonides Tilan, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now were you able to actually call the attention of Judge Tilan?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q What did you tell Judge Tilan?chanrobles virtual law library

A I told Atty. Tilan to help the Chief of Police to investigate the case and see if these persons are guilty or not.chanroblesvirtualawlibrary chanrobles virtual law library

Q And what further happened after that? chanrobles virtual law library

A Well, according to my information the Judge told them that it is up to the victim or the relatives of the victim to file a criminal complaint against those persons or anything they want if they want amicable settlement they could do as they wish, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And you said according to you informed ... from whom did you learn that advise of the Justice of the Peace, Atty. Tilan and that they may either file the charge or settle the case out of court? chanrobles virtual law library

A From the Chief of Police, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Himself?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Now because of that advice what did you do?chanrobles virtual law library

A Well, I just gave it to the Judge, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now that amicable settlement which according to you was brought from the advice of Atty. Tilan, do you know for a fact . . . how did that happen? chanrobles virtual law library

A Well, according to the Chief of Police, both parties have a conference and I do not know where they held a conference and after conferring with each other they appeared before the Judge and stated that they wanted for an amicable settlement, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did you know for a fact that the parties involved in the matter actually went to the Municipal Judge? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who were those who appeared before the Municipal Judge?chanrobles virtual law library

A Those persons who were present with Miss Juanita Sagorsor, her father, her grandfather, and I think Sofronio Wandas was there, the Chief of Police and so with one of my policemen, Paulino Calleng sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What happened there? chanrobles virtual law library

A I noticed that before ... when they were before the Municipal Judge they told the Judge that they wanted for an amicable settlement and so the Judge advised them to state what amicable settlement they wanted to have, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Do you know if Jecris Taqueban and Ricarte Sibayan the accused were also present during that so-called conference? chanrobles virtual law library

A Yes, sir, Jecris Taqueban and Ricarte Sibayan, so with the uncle of Sibayan, Sergio Sibayan were present, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Then what happened in that conference? chanrobles virtual law library

A After the points have been laid before them they performed the amicable settlement in written statement, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you have a copy of that? chanrobles virtual law library

A I think the Chief of Police has the copy, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who were the signatories? chanrobles virtual law library

A According to the Chief of Police the signatories were Jecris Taqueban and Ricarte Sibayan so with the father of the victim, the barrio captain of Abacan and I think there are others who signed that amicable settlement, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know for a fact if Juanita Sagorsor was a party to that? chanrobles virtual law library

A I think she was a party because she was present at that time, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did she sign? chanrobles virtual law library

A I cannot exactly tell if she signed, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why do you say that you can not exactly tell? chanrobles virtual law library

A Because then I did not actually see if she signed it, sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxx

ATTY. L. BELLO, JR. ON CROSS EXAMINATION:

Q Mayor, you stated that you know as a fact that there was an amicable settlement? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q You were present when this amicable settlement was being made? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q And in that amicable settlement Juanita Sagorsor pardoned the two accused herein, Ricarte Sibayan and Jecris Tequeban?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Even the father, Mauricio Sagorsor pardoned the two accused herein? chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrary chanrobles virtual law library

xxx xxx xxxchanrobles virtual law library

COURT: Now who initiated that amicable settlement? chanrobles virtual law library

A I think both parties, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q What do you mean when you said both parties? chanrobles virtual law library

A Because then when Ricarte Sibayan and Jecris Taqueban were there they requested for amicable settlement as I heard them, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q So it was Ricarte Sibayan and Jecris Taqueban who requested for an amicable settlement? chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q To whom did they request tills amicable settlement? chanrobles virtual law library

A To the alleged victim, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q The party of the alleged victim?chanrobles virtual law library

A It is the father, Your Honor, of Juanita Sagorsor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Were you present when those accused requested for an amicable settlement? chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q How did those two accused request for that settlement? chanrobles virtual law library

A They requested that inasmuch that they have not done anything against Juanita Sagorsor they wanted that the case be settled amicably, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q How did they say that? chanrobles virtual law library

A They told to the father . . . they stated that they did not do anything against Juanita Sagorsor Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now if they did not do anything what kind of settlement did they propose? chanrobles virtual law library

A I did not hear what kind of settlement, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Now you testified here that the complainant expressedly pardoned the accused, how did the complainant pardon the accused? chanrobles virtual law library

A By reading their written statement because the Chief of Police showed me the written statement, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Written statement of whom? chanrobles virtual law library

A Written statement of the aggrieved party, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Do you have in your possession now that written statement? chanrobles virtual law library

A I think it is in the possession of the Chief of Police, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now Dr. Gacula has testified here that the Municipal authorities of Sigay refused to file the complaint despite of the fact that the medical certificate was issued to the Chief of Police, are you one of those municipal authorities who refused to file this complaint? chanrobles virtual law library

A I do not know that, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q Now how many days after the commission of the alleged crime did that amicable settlement take place? chanrobles virtual law library

A I can not exactly remember, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q You can not tell to the Court even the number of days or weeks? chanrobles virtual law library

A It did not take a week I think, Your Honor.chanroblesvirtualawlibrary chanrobles virtual law library

Q But it was before the complaint was filed? chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know why the complaint was finally filed despite of that amicable settlement? chanrobles virtual law library

A I do not know, Your Honor.

A reading of the above transcript will readily show that Mayor Wandas did not really know what he was talking about and that by and large his testimony on the supposed amicable settlement is hearsay. The document embodying the alleged amicable settlement could have been the best evidence but it was never introduced during the trial. On the contrary, Juanita testified on January 28, 1975, in part as follows:

FISCAL VALDEZ: After the Mayor has heard what happened to you what did the Mayor tell you or what did he do? chanrobles virtual law library

A He told me to.. that we should wait for Judge Tilan and he sent somebody to call for him, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Was Judge Tilan able to arrive? chanrobles virtual law library

A He was able to arrive at night, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Upon the arrival of Judge Tilan what did he do that same night?chanrobles virtual law library

A He asked what I wanted to be done to the two men, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q And what did you tell Judge Tilan?chanrobles virtual law library

A I told him that it is better if they die, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did Judge Tilan answer you?chanrobles virtual law library

A That was his only question, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q You have seen Judge Tilan and the Mayor, after that what happened next? chanrobles virtual law library

A None, sir, because they had been conversing with each other.chanroblesvirtualawlibrarychanrobles virtual law library

Q After that night of Saturday what happened? chanrobles virtual law library

A They had been talking about amicable settlement, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Who were talking about that amicable settlement? chanrobles virtual law library

A I do not know the persons, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q While they talk about amicable settlement, did you see the two accused, Ricarte Sibayan and Jecris Taqueban in Sigay?chanrobles virtual law library

A No, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you ever agree to an amicable settlement? chanrobles virtual law library

A No, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Did you ever sign something regarding that amicable settlement?chanrobles virtual law library

A None, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q After refusing all maneuvers for an amicable settlement, what else happened? chanrobles virtual law library

A Because I refused to an amicable settlement, the Mayor told that we should see a doctor, sir.

Sofronio Wandas, Barrio Captain of Abacan, Sigay, Ilocos Sur, testifying on November 6, 1974, said that both Ricarte Sibayan and Jecris Taqueban are his nephews and in respect of the alleged amicable settlement said:

PROVINCIAL FISCAL: Now when you informed Judge Tilan about your relationship with Jecris Taqueban and Ricarte Sibayan what transpired next? chanrobles virtual law library

A Nothing transpired yet but as far as their relatives are concerned I am one of them and when the Judge asked me further I told him that the offended woman is a relative of my wife, sir, a niece of my wife.chanroblesvirtualawlibrary chanrobles virtual law library

Q Now when you informed Judge Tilan about that fact what did he tell you if any? chanrobles virtual law library

A None yet, as humble head of the barrio it is the law that will decide, sir, It must be the law that will prevail, I said, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q To whom did you say those words? chanrobles virtual law library

A To the judge, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And what did the Judge say? chanrobles virtual law library

A The Judge said that you have to talk the matter over among you and whatever you decide upon that I will accept.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now when Judge Tilan suggested that matter to you what did you do if any? chanrobles virtual law library

A I sent my relative women, women relatives who were also there to go and look for Juanita's father and beg for mercy, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q And did they in fact go to the father of Juanita Sagorsor?chanrobles virtual law library

A They went, sir.chanroblesvirtualawlibrary chanrobles virtual law library

Q Where did they go? chanrobles virtual law library

A They went to look for him within the poblacion, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Do you know if they were able to confer with the father of Juanita Sagorsor?chanrobles virtual law library

A Yes, sir, they conferred with the father of Juanita Sagorsor.chanroblesvirtualawlibrarychanrobles virtual law library

Q And do you know what matter was taken up during that conversation, or conference? chanrobles virtual law library

A I know because they returned and I made inquiries, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now what was the result of your inquiry? chanrobles virtual law library

A Mauricio Sagorsor refused to have the case be settled amicably, sir."

WHEREFORE, finding that the decision of the trial court is amply supported by the evidence and that it committed no reversible error, the appealed judgment is hereby affirmed in toto with respect to Ricarte Sibayan. Cost against appellant.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Barredo (Chairman), Aquino, Concepcion, Jr., Guerrero, De Castro and Escolin, JJ., concur.



























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