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FIRST DIVISION

G.R. No. L-68574 July 7, 1986

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DOROTEO BAAO, Accused-Appellant.

CRUZ, J.:

Two issues immediately present themselves in this appeal from a decision convicting the accused-appellant of two counts of rape committed on a thirteen-year old girl: chanrobles virtual law library

1. Would the complainant concoct a tale of multiple rape against her simply to get back at the accused-appellant for scolding her when he allegedly caught her stealing from his store? chanrobles virtual law library

2. If so, how about the physical evidence of her defloration and the indications of subsequent coitus during the period when the rapes were allegedly committed? chanrobles virtual law library

Rowena Federio, the complainant, is a school drop-out at thirteen, finishing only Grade I, and of limited native intelligence. ¹ According to the trial judge, "She typifies the unschooled timid barrio lass soft-spoken and shy in her ways. She exhibits a low mentality and obvious susceptibility to yield to persuasions, to suggestions; a pronounced inability to argue and to resist." ² She has an invalid father and a mother who is out of the house every day making a living and occasionally does not sleep with her family. ³ chanrobles virtual law library

It is this girl who claims she was raped five-times by the accused-appellant, three times in December 1982, and twice in February 1983. ⁴ Shortly after the fifth rape, on March 4, 1983, she decided to tell her mother about the offenses because, as she put it, she could not keep her terrible secret any longer. ⁵chanrobles virtual law library

According to her, the first three rapes were committed in the bathroom of the accused-appellant's house, the fourth in the backyard, and the fifth in the living room of the same house. ⁶ The first three rapes were committed in the morning, at about 8 o'clock, on dates in December she cannot recall, the fourth at about 10 o'clock in the evening of February 17, 1983, and the fifth at about noon of February 23, 1983. ⁷chanrobles virtual law library

All the five rapes were perpetrated in substantially the same way, through the use of force and with threat of death for resisting during the act and for reporting it thereafter. ⁸The first rape caused laceration of the complainant's hymen, ⁹ and there was full penetration and pain in every one of the five rapes. ¹⁰chanrobles virtual law library

In the statement she gave to the police, as taken and authenticated by Pat. Isagani Simera one of the prosecution witnesses ¹¹ she narrated her experiences in Tagalog in a straightforward manner. ¹²But testifying in court, as the trial judge noted, she was hesitant, inaudible at times, and understandably nervous prompting him to advise her speak louder." "Do not be afraid." "Do not hesitate to tell the truth." "Just testify." ¹³chanrobles virtual law library

The loss of the complainant's virginity and her several accounts of sexual intercourse were borne out by the testimony of Dr. Maximo Reyes, medico-legal officer of the National Bureau of Investigation, ¹⁴ who also made the following report as summarized by the trial court in its decision:

Genital findings compatible with sexual intercourse with man on or about the alleged date of commission "The presence of hymenal laceration completely healed at 7:00 o'clock position corresponding to the face of the watch, conformably with the allegation of the victim that the alleged crime was committed way back or from January up to February prior to the date of the examination which was March 7" (hearing of Oct. 5, 1983, t.s.n., p. 72)"; ... inasmuch as the edge of the said laceration is still sharp and coaptible, meaning, that the alleged time of the commission or infliction of said injury is three (3) months below (Ibid, p. 73); and that, the victim underwent sexual intercourse for not more than five (5) times-"Considering the fact that the vaginal orifice is moderately tight and the rugosities are moderately prominent. ¹⁵chanrobles virtual law library

Lucia Federio, the complainant's mother, testified on how she came to know about the multiple rapes of her daughter. ¹⁶She also said that the accused-appellant's wife had approached her and offered her P2,000.00 in consideration for the withdrawal of her daughter's charges. ¹⁷chanrobles virtual law library

Against this evidence of the prosecution, the accused-appellant relied mainly on denial and alibi.chanroblesvirtualawlibrary chanrobles virtual law library

He flatly rejected the complainant's allegations, claiming he had been falsely accused because he had once caught the girl stealing soft drinks from his store and had scolded her. This had led to an altercation between him and Lucia Federio, the mother, who then decided to file the case against him. ¹⁸chanrobles virtual law library

His other defense was that he was not in Dasmarinas, Cavite, when the alleged rapes were committed but with his daughter at her house at the Manila International Airport in Baclaran. ¹⁹ This was corroborated by his daughter, Alicia Baao who said he was in her house from December 10 to 23, 1983, and practically did not leave the place during that period. The reason for his stay, she said, was some carpentry work he had to do for her. ²⁰chanrobles virtual law library

Additionally, the defense argued that the complaint was filed to extort money from him, in the amount of P15,000.00, later reduced to P8,000.00. ²¹ chanrobles virtual law library

Weighing the evidence for the contending parties, we incline with the trial court toward the prosecution. The testimony of the complainant herself, as supported by the medical examination report, is in our view, more credible than the posture taken by the accused-appellant.chanroblesvirtualawlibrary chanrobles virtual law library

We do not believe, given the naivete and limited intelligence of the complainant, that she could have fabricated her charges against the accused-appellant, weaving a tale of pure fantasy out of mere imagination. She does not appear to have such inventiveness.chanroblesvirtualawlibrary chanrobles virtual law library

Neither do we suspect, again considering what the trial judge described as her "low mentality," that the complainant's testimony was coached and thereafter recited from memory. She would not be capable of such a feat, and let it be added, such deceptiveness.chanroblesvirtualawlibrary chanrobles virtual law library

It is true that there were some inconsistencies in her narration of her ordeal but they do not in our view detract from its basic truthfulness.chanroblesvirtualawlibrary chanrobles virtual law library

One might also ask why, having been burned the first time, the girl did not thereafter stay away from the accused-appellant but in fact gave him other opportunities to inflict his lust on her. The explanation is that we are dealing here not with a worldy-wise woman but with a simple thirteen-year old girl whose acts were dominated more by fear than by reason, a fear made more harrowing by the fact that it was a lonely fear she dared not share, until later, even with her own mother.chanroblesvirtualawlibrary chanrobles virtual law library

The defense of alibi, which is an inherently weak defense, is made more so here by the circumstance that it is corroborated only by the accused-appellant's daughter, ²² whose motives are not exactly unbiased.chanroblesvirtualawlibrary chanrobles virtual law library

Moreover, the defendant does not show he could not have gone to and returned from Dasmariñas on the days of the alleged rapes while he was actually staying with his daughter in Baclaran.chanroblesvirtualawlibrary chanrobles virtual law library

The accused-appellant was admittedly in Dasmariñas from the first to the ninth and (deducting the period of his supposed stay with his daughter in Baclaran) from the twenty-fourth to the thirty-first of December. The complainant could not remember the exact dates in December when she claimed she was raped, saying simply that these took place in that month. ²³ It is possible then that the rapes were committed on those dates when the accused-appellant was actually not in Baclaran, but in Dasmarinas.chanroblesvirtualawlibrary chanrobles virtual law library

We also find it hard to believe that the complainant's mother would have sought to extort P15,000.00 from the accused- appellant to settle the case, knowing that he would not be able to raise the amount from his small sari-sari store business. Even if the demand had been reduced to P8,000.00, as claimed, Lucia Federio would also not have expected that such demand could be met by this small storekeeper.chanroblesvirtualawlibrary chanrobles virtual law library

As the Court sees it, her own testimony that she had been offered P2,000.00 to withdraw the charges is more realistic and credible. ²⁴chanrobles virtual law library

Invoking falsus in uno, falsus in omnibus, the defense contends that, having rejected the complainant's charge of the second, third and fifth rapes, the trial judge should also have found that she was lying on the first and fourth rapes. Hence, it should have absolved the accused-appellant of all the five rapes. ²⁵ Conversely, however, it can also be argued that, having been found truthful on the first and fourth rapes, the complainant should also be believed on the other three alleged rapes, of which the accused-appellant should likewise have been convicted.chanroblesvirtualawlibrary chanrobles virtual law library

In effect, therefore, the choice suggested is between a total acquittal or a total conviction of the accused-appellant of all the five alleged rapes, depending upon the total credibility or the total incredibility of the complainant.chanroblesvirtualawlibrary chanrobles virtual law library

We are inclined to give full credence to the complainant's testimony and so to support her charges of rape on all five counts as narrated by her. To repeat, she appears to be an artless and inexperienced girl devoid of malice or evil motive and incapable of improvising the sordid story she recounted to the trial court in all its ugly detail.chanroblesvirtualawlibrary chanrobles virtual law library

However, realizing that we go only by the insensate record, we shall defer to the factual findings of the trial judge, who had the opportunity to observe the witnesses and assess their demeanor, to mark every nuance of tone or pause of hesitation or flush of face, and to determine, by the totality of his impressions and the plausibility of their testimony, if the evidence justified acquittal or conviction.chanroblesvirtualawlibrary chanrobles virtual law library

Accordingly, we affirm the conviction of the accused-appellant for the first and fourth rapes and his exoneration of the three other alleged rapes, as held by the trial court. In arriving at this decision, we merely declare with the trial court, that as to the second, third and fifth rapes, the prosecution has failed to establish that degree of proof beyond reasonable doubt necessary to hold the defendant guilty.chanroblesvirtualawlibrary chanrobles virtual law library

We sustain the penalty imposed, viz., reclusion perpetua for each of the two rapes, plus P50,000.00 moral damages. If we could, we would have added to these penalties that "special place in hell for child molesters," to use the words of Mr. Justice Vicente Abad Santos, "for they are men who are dirty, despicable, deviant and the dregs of society. " ²⁶chanrobles virtual law library

One last observation and we are done with this nauseating case.chanroblesvirtualawlibrary chanrobles virtual law library

It is bad enough that a man imposes his lust on a woman mature in years and emotion and perhaps already knowledgeable in the ways of the flesh, for carnal greed is to be deplored and denounced in every case. It is worse, however, if, as in this case, the victim is a girl barely in her teens, whose first experiences with sex had to be brutalized with the ugliness of an illicit force and the menace of an evil threat imposed upon her by a man whose age alone, which was more than thrice hers, should have deterred him from unleashing on her the animal in him.chanroblesvirtualawlibrary chanrobles virtual law library

Pity the helpless and innocent victim, the bewildered and violated child, the spotless holocaust forever besmeared! Her emerging into womanhood can never be for her a tender and cherished memory of fulfillment and discovery, as it has been and as it will be for others before a similar threshold but in a more pleasurable ambience. Her own sordid initiation is an experience she is doomed to recall with distate, recoiling at every remembered detail of how her chastity was ruptured and her honor debased.chanroblesvirtualawlibrary chanrobles virtual law library

WHEREFORE, the judgment of the lower court is hereby affirmed in full, with costs against the accused-appellant.chanroblesvirtualawlibrary chanrobles virtual law library

SO ORDERED.

Endnotes:

1 TSN, Sept. 8, 1983, pp. 3-4; Rollo, p. 103.chanrobles virtual law library

2 Decision, p. 11.chanrobles virtual law library

3 TSN, Nov. 9, 1983, pp. 171, 182.chanrobles virtual law library

4 TSN, Sept. 8, 1983, p. 14.chanrobles virtual law library

5 TSN, Nov. 9, 1983, p. 173.chanrobles virtual law library

6 Exh. A.chanrobles virtual law library

7 Ibid

8 Id, p. 4.chanrobles virtual law library

9 SN, Oct. 5, 1983, p. 72.chanrobles virtual law library

10 Rollo, p. 28; TSN, Sept. 8, 1983, pp. 10 & 13.chanrobles virtual law library

11 TSN, Oct. 5, 1983, pp. 31-32.chanrobles virtual law library

12 Exh. A.chanrobles virtual law library

13 Decision, p. 11.chanrobles virtual law library

14 TSN, Oct. 5, 1983, pp. 72-76.chanrobles virtual law library

15 Exh. B TSN, Oct. 5, 1983, pp. 72-73, p. 88; Rollo, p. 106.chanrobles virtual law library

16 TSN, Nov. 9, 1983, p. 172.chanrobles virtual law library

17 SN, June 4, 1984, p. 258.chanrobles virtual law library

18 TSN, April 17, 1984, pp. 200-203; May 16,1984, p. 231.chanrobles virtual law library

19 TSN, April 17, 1984, p. 21 1.chanrobles virtual law library

20 TSN, May 16, 1984, pp. 246-247.chanrobles virtual law library

21 TSN, April 17, 1984, pp. 216-217.chanrobles virtual law library

22 TSN, May 16, 1984, pp. 246-247.chanrobles virtual law library

23 Exh. A.chanrobles virtual law library

24 TSN, June 4, 1984, p. 258.chanrobles virtual law library

25 Rollo, pp. 89-90.chanrobles virtual law library

26 People v. Malate, 116 SCRA 487.