SUPREME COURT DECISIONS

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS

THIRD DIVISION

G.R. No. 96950 January 29, 1993

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. DOMINADOR VILLARIN, Accused-Appellant.

The Solicitor General for plaintiff-appellee.chanrobles virtual law library

Public Attorney's Office for accused-appellant.

GUTIERREZ, JR., J.:

For resolution before this Court is the appeal interposed by Dominador Villarin, accused-appellant for "Rape" under Criminal Case No. 1736. Villarin was sentenced by Honorable Roque A. Agton of the Regional Trial Court, Branch 6, Mati, Davao Oriental, to a prison term of "Reclusion Perpetua; to indemnify the offended party in the sum of P12,00.00 in the concept of moral damages and attorney's fee in the sum of P5,00.00; and to pay the cost."chanrobles virtual law library

The Information charging the accused-appellant for the crime, reads as follows:

The undersigned, at the instance of the offended party, accuses DOMINADOR VILLARIN 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 first week of December 1987, in the Municipality of Mati, Province of Davao Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, violence and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with one CARIDAD VILLADAR, against her will. (Rollo, 30)

Upon arraignment, the accused-appellant pleaded not guilty to the crime charge. (Ibid., p. 30)chanrobles virtual law library

The testimonial evidence for the prosecution included Dra. Liwayway M. Lao who testified that as a resident physician of the Davao Oriental Provincial Hospital, Mati, Davao Oriental, she examined on June 30, 1988, Caridad Villadar, 28 years old, and found that Caridad Villadar was seven (7) months pregnant as indicated in Exhibit "A". Ms. Villadar was likewise x-rayed and the result was introduced as Exhibit "B". (Rollo, 31)chanrobles virtual law library

Adelina Apares testified that she is a local midwife and a resident of Tagamot, Dawan, Mati, Davao Oriental, and that on October 4, 1988, at about 2:00 o'clock in the morning, she assisted Ms. Villadar in delivering her baby daughter, who was named Maricel.chanroblesvirtualawlibrarychanrobles virtual law library

Editha Mapa was presented and testified that she is a purok leader of Tagamot, Dawan, Mati, Davao Oriental for 27 years. One June 28, 1988, she received a complaint that the latter was on the family way and was allegedly raped by Dominador Villarin. (Ibid., pp. 31-32)chanrobles virtual law library

Upon receipt of the complaint, Mrs. Mapa summoned the accused and his father. Sotero Villarin, the accused's father appeared, but the accused failed to honor the invitation. During the conference, Sotero Villarin proposed marriage of his son to private complainant Caridad Villadar, but unfortunately her mother, Esperanza Villadar, pushed for the filing of the case before the court.chanroblesvirtualawlibrarychanrobles virtual law library

On June 29, 1988, the mother, accompanied by her daughter, lodged a complaint before the police station, asserting that her daughter was raped by the accuse. This complaint was entered in the police blotter and an invitation was issued to the accused.chanroblesvirtualawlibrarychanrobles virtual law library

The accused and his father appeared before the police investigation officer on July 4, 1988, and in the course of the confrontation, the accused admitted having carnal knowledge with the victim and proposed to marry her. The parents of the victim, however, vehemently declined the proposal and instead insisted on filing the case in court. (Ibid., p. 32)chanrobles virtual law library

Pfc. Fortunato Libres testified that as a member of the INP of the Mati Police Station, Mati, Davao Oriental, he was assigned to serve a subpoena and a complaint by the Provincial Fiscal's Office for several times to the accused, whom he could not contact at his residence.chanroblesvirtualawlibrarychanrobles virtual law library

Undaunted, he tried and on the first week of August 1988, while armed with a warrant of arrest he went to Bunawan, Agusan del Sur, where the accused was believed to be working. For three (3) times, he failed to contact him. However, on December 15, 1988, he was able to serve the warrant on the accused whom he brought to the Mati Police Station. (Ibid., p. 33)chanrobles virtual law library

Esperanza Villadar, mother of the victim, testified that she noticed her daughter, Caridad's abdomen bulging on June 20, 1988, thus she brought the latter to the Davao Oriental Provincial Hospital for examination. Dra. Lao examined Caridad and informed Esperanza, that her daughter was pregnant. An x-ray picture was taken and it confirmed the examination of the doctor who diagnosed Caridad to be seven months pregnant.chanroblesvirtualawlibrarychanrobles virtual law library

When confronted, the victim informed her mother that she was raped by the accused on the first week of December, 1987, while she was on her way home after gathering bamboo shoots on their land. (Ibid., p. 33)chanrobles virtual law library

On June 28, 1988, Esperanza again reported the pregnancy of Caridad to the Purok Leader/President of Tagamot, Dawan, Mati, Davao Oriental. Mrs. Editha Mapa, subsequently, reported the same incident to Sgt. Luciano of the Mati Police Station. (Ibid., p. 34)chanrobles virtual law library

Caridad Villadar, 30 years of age, single and a resident of Tagamot, Dawan, Mati, Davao Oriental took the witness stand and testified that on the first week of December 1987, she was told by her mother to gather bamboo shoots in their farm which is about one (1) kilometer away from their house. She brought with her the sack and a bolo for cutting the bamboo shoot. While on her way home carrying about half a sack full of bamboo shoots, the accused grabbed the bolo from her and threw it away. The accused boxed her thighs, forced her to lie down, and abused her. When his bestial desire was consummated, the accused told her not to tell her mother or else, she will be killed and then left immediately. She returned home without informing her mother about the incident. (Ibid., p. 34-35)chanrobles virtual law library

At 2:00 o'clock in the afternoon on October 4, 1988, Caridad gave birth to a baby girl whom she named Maricel Villadar. (Ibid., p. 36)chanrobles virtual law library

For the defense, three witnesses took the stand, the accused Dominador Villarin, Esperidion Burgos and Romeo Carmelotes. (Ibid., p. 36)chanrobles virtual law library

The accused vehemently denied the accusation of the complainant and claimed that they are sweetheart. He also asserted that they had several sexual intercourses in the house of the accused and that in all these encounters, the complainant wholeheartedly consented. The relationship started in June 1986, when the accused allegedly first visited the victim in her house and proposed his love to her and on the same month, his proposal was accepted. Subsequently, he deflowered Caridad and this resulted in a lovers intimacy which was repeated several times. (Ibid., pp. 37-38)chanrobles virtual law library

Esperidion Burgos, neighbor of the accused and the complainant, testified that every Saturday and Sunday, he used to visit his friend, accused Villarin. On one occasion, the accused told him that Caridad is his sweetheart and when he met her in the poblacion of Tagamot, the latter confirmed the relationship she had with the accused. He also disclosed that he saw on several occasions, the accused and Caridad embracing each other at the residence of the accused which is about 50 meters away from the residence of the complainant. (Ibid.,
pp. 36-37)chanrobles virtual law library

Romeo Carmelotes on the other hand, testified that he has seen Caridad in the house of Villarin many times since he often leaves in the house of the latter, farm produce that he purchased in the area such as mangoes, jackfruits, bananas, lemonsito, oranges and eggs. He asserted that he saw on several occasions Caridad and the accused, embracing each other. (TSN, p. 12-13, April 2, 1990)chanrobles virtual law library

The only question left for this Court to resolve given the facts re-stated above which were culled from the testimonies of the witnesses for both the prosecution and the defense, is whether or not accused committed the offense charge. This Court notes the statement of the court a quo that:

Upon close perusal of the facts at issue, both parties are locked in conflicting versions. The victim charged the accused for allegedly raping her in the first week of December, 1987, however, the accusation was vehemently denied by the accused and claimed that the victim is his sweetheart. (Rollo, pp. 37-38)

Indeed, the review made of the testimonies of the principal protagonists, the complainant herself, her apparently over-anxious mother, Esperanza Villadar and the accused Dominador Villarin and his witnesses, corroborated the finding of the trial court that the versions of the parties are not only conflicting, but they are inconsistent, incongruous, incoherent and contradictory with each other on vital and material point. Some doubt as to the veracity of the tales given by Caridad and her mother is engendered. On the basis of the records, the testimonies of Esperanza and Caridad Villadar could easily have been rehearsed since they are not first-hand recitals of facts and circumstances and they lack a certain element of spontaneity. The discovery of the pregnancy came on the seventh month of the fetal life of the fruit of the coital relationship between the accused and Caridad.chanroblesvirtualawlibrarychanrobles virtual law library

Pregnancy is an after-the-fact condition of the liaison between two persons of different sexes. Whether the pregnancy is the result of pleasurable or forced sexual intimacy is the duty of the court to determine from the given facts and circumstances that are not contrary to human nature and experience.chanroblesvirtualawlibrarychanrobles virtual law library

The fact that both Caridad Villadar and Dominador Villarin are of marriageable ages, both being 28 years old at the time of the incident and without any impediment to get married and the allegation that they would have lived a peaceful and blissful life of their own if the vehement objection of Esperanza Villadar did not stop them from doing so, is worth looking into to establish whether or not the incident was indictable or it was a pure and simple amorous relationship between two lovers.chanroblesvirtualawlibrarychanrobles virtual law library

There are other facts susceptible of two interpretations - one supporting a finding of innocence and the other indicating the opposite. There are also contradictory statements.chanroblesvirtualawlibrarychanrobles virtual law library

1. The meeting of the accused and Caridad appears to have been planned and was not by chance, considering the testimony of Esperanza Villadar that the house of the accused is situated closer to the road, such that when they have to go to the road, they pass by the house of the Villarins. Mrs. Villadar testified with respect to this matter on cross-examination made by the Court and the counsel for the defense, as follows:chanrobles virtual law library

COURT:chanrobles virtual law library

Q - Is he (accused) your neighbor?chanrobles virtual law library

A - Before they were staying in the upper portion and they transferred to the lower portion, we are neighbors. (TSN - Jan. 15, 1990, p. 99)

xxx xxx xxx

ATTY. DIUYAN:chanrobles virtual law library

Q - How far is the house of Sotero Villarin to your house?chanrobles virtual law library

A - Not far because we used to pass by their house and on my way going to the road.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Can you estimate how far?chanrobles virtual law library

A - About 50 meters.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And your house is situated at the upper portion of the area?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And the house of Sotero Villarin is below?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - So, these two houses is (sic) located in the hilly portion?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And wherever (sic) you come down the road you pass by the house of Villarin?chanrobles virtual law library

A - Yes. (TSN - Jan. 15, 1990, pp. 99-100)

From the above, it can be argued that the appellant was on the watch for Caridad to pass by and followed her on that fateful day. More likely, however, is that there was a rendezvous between two lovers, for considering that Caridad may have been asked to gather bamboo shoots, how would the accused know where she would go and what time, if she did not tip off the latter? More important, as Caridad was to gather bamboo shoots, she would not be passing by the house of the accused to go to the forest where the bamboo grove grows because from the declaration of Esperanza above, they pass by the house of the accused in going to the road. This shows that the house of the accused is on the opposite direction if one is to go to the forest to gather bamboo shoots.chanroblesvirtualawlibrarychanrobles virtual law library

2. The declarations of the private complainant negate her accusation that she was raped, because while she alleged that she lost consciousness, she knew the details surrounding the act complained of as in the following:chanrobles virtual law library

ATTY. DIUYAN:chanrobles virtual law library

Q - Now, what did you do since your hands were already free, did you fight back?chanrobles virtual law library

A - How can I when I was already weak.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And you did not even shout?chanrobles virtual law library

A - No more because I feel weak.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And you did not even cry?chanrobles virtual law library

A - I cried.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, you said that you fell down, what was your situation at the time you fell down?chanrobles virtual law library

A - Facing upward.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, what did Dominador Villarin do as you said you were lying down above (sic) him?chanrobles virtual law library

A - He removed my panty.chanroblesvirtualawlibrarychanrobles virtual law library

Q - What did you do when Villarin removed your panty?chanrobles virtual law library

A - I was already unconscious.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Why were you unconscious?chanrobles virtual law library

A - Because he boxed my thighs.chanroblesvirtualawlibrarychanrobles virtual law library

Q - How many times did he box your thighs?chanrobles virtual law library

A - Several times.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Which thigh did Dominador Villarin first pound?chanrobles virtual law library

A - Simultaneous, my two thighs were pounded.chanroblesvirtualawlibrarychanrobles virtual law library

Q- As you said you were already unconscious, is that right?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And as you said, inspite of the fact that you were unconscious, Dominador Villarin removed your panty?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, after removing your panty, what else did you do?chanrobles virtual law library

A - He ride (sic) on top of me. (Emphasis supplied)chanrobles virtual law library

Q - Your hands were no longer held by Dominador Villarin?chanrobles virtual law library

A - No.chanroblesvirtualawlibrarychanrobles virtual law library

Q - In other words, your hands were free?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - At that time that he already rode on top of you, do you want to tell us that he was already naked or has removed his trousers?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - What was his position when he removed his pants?chanrobles virtual law library

A - While he was on top of me, he removed his pants.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And you were already unconscious at that time?chanrobles virtual law library

A - Not yet.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Q - How do you know that he has removed his pants.chanroblesvirtualawlibrarychanrobles virtual law library

A - I could feel that he was the one on top of me because I can observe or notice.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Proceed:chanrobles virtual law library

ATTY. DIUYAN:chanrobles virtual law library

Q - You mean, at that time, both of your eyes were open?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And you saw Dominador Villarin, you know that Dominador Villarin removed his pants?chanrobles virtual law library

A - Yes. (TSN, Jan. 16, 1990, pp. 136-138)chanrobles virtual law library

Not only were the allegations of Caridad conflicting as shown above, they were also contradictory to each other on material points. They are also contrary to human nature and experience, as shown by the following testimony:

COURT:chanrobles virtual law library

Q - He was able to loosen that long pants while he was on your stomach?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And your panty was removed at that time.chanroblesvirtualawlibrarychanrobles virtual law library

A - He already removed my panty.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And your hands were free at that time when he removed his pants?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Why did you not scratch him, kick his penis considering that your hands are free?chanrobles virtual law library

A - I feel weak at that time.chanroblesvirtualawlibrarychanrobles virtual law library

Q - But you were still free to move?chanrobles virtual law library

A - Because I could feel the pain on my arms which he held.chanroblesvirtualawlibrarychanrobles virtual law library

Q - After removing his pants, he lie on top of you.chanroblesvirtualawlibrarychanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Your legs were open.chanroblesvirtualawlibrarychanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - In other words, you did not close your legs at the time he was on top of you?chanrobles virtual law library

A - Yes. How can it could be close (sic) that he rode on top of me?chanrobles virtual law library

Q - Did you not wriggle or remove him from your body?chanrobles virtual law library

A - I tried to wriggle but he insisted.chanroblesvirtualawlibrarychanrobles virtual law library

Q - At the time that he was in position to have sexual intercourse with you, did you not try to push him?chanrobles virtual law library

A - I cannot push him because he is a big man.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, at the time of the sexual intercourse, did he hug and kiss you?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, he also kisses your lips?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Did you not bite his lips as you want to struggle to free yourself?

A - I cannot because he held also my head.chanroblesvirtualawlibrarychanrobles virtual law library

Q - But there are times that he will release his hands when he kissed you?chanrobles virtual law library

A - Because, he held my head and pushed it to the ground.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And his lips is (sic) close to your lips or to his chin.chanroblesvirtualawlibrarychanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Why did you not bite him, his ears?chanrobles virtual law library

A - How can I bite him that he controlled my head.chanroblesvirtualawlibrarychanrobles virtual law library

Q - How did he hold your head.chanroblesvirtualawlibrarychanrobles virtual law library

A - By pushing to the ground.chanroblesvirtualawlibrarychanrobles virtual law library

Q - At that time, he was also kissing you and have sexual intercourse?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And also, he kissed also your nipple?chanrobles virtual law library

A - No.chanroblesvirtualawlibrarychanrobles virtual law library

Q - How long did it take Dominador Villarin to lie on top of you?chanrobles virtual law library

A - About five minutes. (TSN - Jan. 16, 1990, pp. 138-139; Emphasis supplied)

3. Contrary to the assertion of the complainant that the reason why the incident was not reported to her parents immediately was because she claimed that the accused threatened to kill her, yet she also testified that after the incident in the first week of December 1987, Dominador Villarin escaped. Below is part of the testimony of Caridad Villadar to this effect:chanrobles virtual law library

ATTY. DIUYAN:chanrobles virtual law library

Q - Now, did you not inform your mother about the incident?chanrobles virtual law library

A - No, because I was afraid that he was going to have me killed.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, at the time that you got pregnant before you were examined by the doctor, did you not inform your mother that you were raped by Dominador Villarin?chanrobles virtual law library

A - No, because I was afraid that he will kill me.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Within that first week of December 1987, after the incident, did you have any chance to see Dominador Villarin in his house?chanrobles virtual law library

A - No more, he escaped.chanroblesvirtualawlibrarychanrobles virtual law library

Q - How did you know that he ran away?

A - Because everytime I go to the road, he cannot be seen as I pass by their house.chanroblesvirtualawlibrarychanrobles virtual law library

Q - After the incident, how many times did you pass the house of Dominador Villarin?chanrobles virtual law library

A - Several times.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And you said, you did not see Dominador Villarin at that time.chanroblesvirtualawlibrarychanrobles virtual law library

A - No more.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And somewhere in Sitio Tagamot, have you not seen him?chanrobles virtual law library

A - No. (TSN - Jan. 16, 1990, pp. 145-146; Emphasis supplied)

4. The filing of the complaint against the accused can be subjected to various explanations. The appellant claims that it was filed not to seek justice but to explain a pregnancy during an unmarried state. The accused had left the place and from all indications he may have abandoned the woman he impregnated. The rape drama is equally susceptible to a finding that it portrays what really happened or that it is a mere cover-up of an amorous relationship between the accused and Caridad who was prevailed upon by her parents to cooperate with them after the accused hid himself from their view. It may also be possible that the accused miscalculated the actuations of Caridad and her mother. The following testimonies support this point.

ATTY. DIUYAN:chanrobles virtual law library

Q - Now, after you were being questioned by your father that was after being examined by the doctor, and you said that it was Dominador Villarin who raped you on the first week of December 1987, did you tell your mother and father to file the case before the purok president?chanrobles virtual law library

A - Yes, I told them.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And it was you who went to the purok president?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And your mother just accompany you?chanrobles virtual law library

A - Yes, my mother and father.chanroblesvirtualawlibrarychanrobles virtual law library

Q - What was the purpose in reporting the matter to the purok president?chanrobles virtual law library

A - In order to let Dominador Villarin appear.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, did you have a conversation with the purok president?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And, what did she say?chanrobles virtual law library

A - I requested her to let Dominador Villarin appear.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, at the time when your mother noticed that your stomach is growing and before bringing you to the hospital for examination, did your mother inquire from you why your stomach is big?chanrobles virtual law library

A - She inquired but I did not tell them because I was afraid.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Even the incident has lapsed for 6 months, you were still entertaining that fear?chanrobles virtual law library

A - Yes. (TSN - Jan. 16, 1990, pp. 146-147; Emphasis supplied)

On the other hand, the records are clear that Esperanza Villadar was adamant to the idea that her daughter, Caridad who was expecting a baby fathered by the accused would be married to the latter. The mother wanted to save face in the community where everybody knows everybody else. She protested the proposal first made by the father of the accused, then the accused himself, as follows:

ATTY. VALENTEROS:chanrobles virtual law library

Q - Now, what happened when the father of Dominador Villarin and his daughter were present in the purok?chanrobles virtual law library

A - While before the purok president, the father told us that we must settle the case because his son will marry my daughter.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, after the father of Dominador Villarin will marry your daughter Caridad Villadar, what did you say?chanrobles virtual law library

A - I refuse.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Why did you refuse?chanrobles virtual law library

A - Because I don't like the idea of raping my daughter and propose marriage.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, in that forum, was there any settlement arrived at?chanrobles virtual law library

A - Yes, before the purok president, the father of Dominador Villarin proposed settlement and to marry my daughter.chanroblesvirtualawlibrarychanrobles virtual law library

Q - You said you did not want that kind of proposal, after refusing the proposal of the father of Dominador Villarin, what did you do?chanrobles virtual law library

A - I referred the matter to the INP station.

xxx xxx xxx

Q - You said Dominador Villarin was around, was he alone at that time at the police station?chanrobles virtual law library

A - Together with his father.

xxx xxx xxx

Q - Now, what did you tell to the police?chanrobles virtual law library

A - I really don't want that he will marry my daughter.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, you said that you were in the police station, who did the talking.chanroblesvirtualawlibrarychanrobles virtual law library

A - We, the father of Villarin and myself.

Q - Now, what did Dominador Villarin propose in the police station for settlement?chanrobles virtual law library

A - That he is willing to marry my daughter.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, your answer was no to that proposal?chanrobles virtual law library

A - Yes.chanroblesvirtualawlibrarychanrobles virtual law library

Q - What other proposal did they make?chanrobles virtual law library

A - The father also told us that they will pay for the wedding.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Q - Is there any reason why you did not agree to the marriage?chanrobles virtual law library

A - Yes. My reason is, why did he rape my daughter if he is willing to marry?chanrobles virtual law library

Q - Did you not ask your daughter if she is willing to marry Villarin?chanrobles virtual law library

A - No. (TSN, Jan. 15, 1990, pp. 94-95; Emphasis supplied)

Dr. Liwayway Lao who examined Caridad testified on the questions asked by the Court pertaining to the pregnancy of the complainant. She stated that it was the mother of the latter who was over-anxious about the rape drama, indicating that with the clout exerted upon Caridad, she was forced to concoct the alleged rape, even if the pregnancy could have been the result of an amorous relationship, as follows:

COURT TO THE WITNESS:chanrobles virtual law library

Q - In other words, at the time you examined the victim, she was pregnant for seven months?chanrobles virtual law library

A - That is by measuring the size of the uterus, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - In other words, you are not quite sure?chanrobles virtual law library

A - Because the victim was not so cooperative when I asked the questions for (sic) her.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Who answered the questions?

A - The mother - she was the one accompanying her, Your Honor, because they seek consultation of the abdominal mass.

xxx xxx xxx

Q - You stated that she is pregnant, do you know whether she had delivered a baby?chanrobles virtual law library

A - Yesterday, I learned that she already delivered, and also this morning, the mother told me, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When did she deliver.chanroblesvirtualawlibrarychanrobles virtual law library

A - October, 1988, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When was the time when you examined her?chanrobles virtual law library

A - June 30, 1988, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - In other words, your estimate of 7 months is not true because she delivered October?chanrobles virtual law library

A - June 30, Your Honor, and she delivered first week of October.chanroblesvirtualawlibrarychanrobles virtual law library

Q - How many months from the time you examined her?chanrobles virtual law library

A - Excluding October, because it is only 4 days, it is 10 months. A pregnant uterus can reach 10 months of post maturity, but I did not see the child when she delivered it.chanroblesvirtualawlibrarychanrobles virtual law library

Q - At the time you examined her?chanrobles virtual law library

A - By computation, Your Honor, with regards to palpation (sic) If I could remember right, when I asked the last menstrual period, she did not answer, because all the questions were answered by the mother. (TSN - April 11, 1989, pp. 8-10; Emphasis supplied)

During the confrontation at the INP Station, the mother of Caridad and the father of the accused did all the talking with respect to the offer of marriage to Caridad by the accused. (TSN - Jan. 15, 1990, p. 95)chanrobles virtual law library

The positive allegations of the accused that he was having an intimate relationship with Caridad which were corroborated by his two (2) witnesses were not successfully refuted. Portions of his testimony on cross examination, are:

ATTY. VALENTEROS:chanrobles virtual law library

Q - You also testified on direct examination that you were courting Caridad Villadar?chanrobles virtual law library

A - Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When was the first time in 1986 that you proposed your love to her?chanrobles virtual law library

A - That was in the month of June, 1986.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Q - What day was that?chanrobles virtual law library

A - I forgot the date, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Did you not stated (sic) previously it was June 13? You testified in direct examination that you proposed your love to her in their house on June 13 and now you forgot?chanrobles virtual law library

A - It was not June 13 that I visited, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When?chanrobles virtual law library

A - My first visit was on June 7, 1986.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When were you accepted?chanrobles virtual law library

A - June 12, 1986.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Previously, you stated that your love was accepted on June 13, now you said June 12. I noted your answer. Which is correct, 13 or 12?chanrobles virtual law library

A - 12, Your Honor.

xxx xxx xxx

ATTY. VALENTEROS:chanrobles virtual law library

Q - Now, you said that you had intercourse with Caridad Villadar many times, did I get you right?chanrobles virtual law library

A - Yes, sir, we have done that for several times.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When was the first time that you had intercourse with her?chanrobles virtual law library

A - The latter part of 1986.chanroblesvirtualawlibrarychanrobles virtual law library

Q - In December of 1986?chanrobles virtual law library

A - November.chanroblesvirtualawlibrarychanrobles virtual law library

Q - From that time you had several intercourse with her?chanrobles virtual law library

A - Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q - How many times exactly if you can recall that you had intercourse with Caridad Villadar?chanrobles virtual law library

A - I cannot recall how many times but I have done it several times.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Could it be 20 times?chanrobles virtual law library

A - More than that.chanroblesvirtualawlibrarychanrobles virtual law library

Q - About 40 times?chanrobles virtual law library

A - Maybe sir, about 40 times.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, you said that you had intercourse with her the first time in the month of November, 1986, is that correct?chanrobles virtual law library

A - Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Specifically, what date if you can recall?chanrobles virtual law library

A - I cannot recall the date.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Could it be last week of November 1986?chanrobles virtual law library

A - I forgot but I am sure it was the latter part in the year 1986.

xxx xxx xxx

ATTY. VALENTEROS:chanrobles virtual law library

Q - November 1986, was that your first experience?chanrobles virtual law library

A - Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Do you know if in the early part of December 1986 you had intercourse with her?chanrobles virtual law library

A - No, sir.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Q - When was the second time?chanrobles virtual law library

A - About February 1987, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. VALENTEROS:chanrobles virtual law library

Q - Up to when was that relationship of yours cut off?

xxx xxx xxx

A - At the time when her mother learned that she was pregnant.

xxx xxx xxx

COURT:chanrobles virtual law library

Q - Now, during your first carnal knowledge with the woman did you ask for a date again to do the same thing?chanrobles virtual law library

A - Only one day of difference, your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - In other words, in the month of November you have done the same thing?chanrobles virtual law library

A - Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - More or less in November how many times?chanrobles virtual law library

A - Many times. (TSN, April 4, 1990, pp. 166-175; Emphasis supplied)

In the course of this review, the Court noted the insistence of the accused in asserting what could be the true antecedents surrounding the alleged rape, including the hope that their indiscretion might bring about the consent of Caridad's parents. The indiscretion was a miscalculated move on his part, for instead of allowing the couple to settle down for good, the mother saw to it that a charge of rape be levelled against the accused.chanroblesvirtualawlibrarychanrobles virtual law library

The records show that at critical junctures when Caridad should have been concerned, she was silent and apathetic leaving everything to her mother who was persistent and assertive:

ATTY. DIUYAN:chanrobles virtual law library

Q - Now, Mr. Villarin, everytime the hearing is called you are present and you noticed that Caridad Villadar testified in court charging you for committing rape against her, what can you say to that?chanrobles virtual law library

A - That is not true.chanroblesvirtualawlibrarychanrobles virtual law library

Q - What is the truth?chanrobles virtual law library

A - That happened to both of us because of our agreement with each other.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Now, Mr. Villarin, did you have still a chance, if any, to talk to Caridad Villadar after the case was filed against you?chanrobles virtual law library

A - Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q - When was that?chanrobles virtual law library

A - My last hearing last November 16 here in court.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. DIUYAN:chanrobles virtual law library

Q - In what particular area of this court were you able to talk to Caridad Villadar?chanrobles virtual law library

A - Downstairs.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Can you recall, if any, what conversation took place between you and Caridad?chanrobles virtual law library

A - I confronted her why she filed a case against me.chanroblesvirtualawlibrarychanrobles virtual law library

Q - What was her answer?chanrobles virtual law library

A - Caridad Villadar said that: "I cannot do anything because if I will not obey my parents they will kill me" (TSN - April 4, 1990,
p. 160)

xxx xxx xxx

COURT:chanrobles virtual law library

Q - From the time when her mother knew that her daughter was pregnant did you not talk to Caridad?chanrobles virtual law library

A - No more, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Why?chanrobles virtual law library

A - Because her mother doesn't allow us anymore to talk.chanroblesvirtualawlibrarychanrobles virtual law library

Q - But you love Caridad, is that correct?chanrobles virtual law library

A - Yes, Your Honor.

xxx xxx xxx

Q - Did you not tell your close friends that you wanted to talk with Caridad considering that the mother was angry with you?chanrobles virtual law library

A - I was not able to do that because I was already confused what to do. (TSN - April 4, 1990, p. 170)

xxx xxx xxx

ATTY. VALENTEROS:chanrobles virtual law library

Q - Now, Mr. Villarin, while you were still sweethearts with Caridad did you not go to the parents of Caridad even ones to insinuate about your desire to marry her? (sic)chanrobles virtual law library

A - I told Caridad that I wanted to be introduced to her parents in order that I will propose marriage but she said not now.chanroblesvirtualawlibrarychanrobles virtual law library

COURT:chanrobles virtual law library

Q - How many times did you tell Caridad that you will marry her?chanrobles virtual law library

A - Many times.chanroblesvirtualawlibrarychanrobles virtual law library

Q - And her answer is her parents does (sic) not like you?chanrobles virtual law library

A - Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - But at any rate Caridad loves you?chanrobles virtual law library

A - Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Considering therefore that the parents of Caridad doesn't like you, inasmuch as Caridad loves you so much why did you not ask her to elope with you in order that both of you can be married?chanrobles virtual law library

A - I did not think about that because her parents objected to my proposal how much more if I will elope with their daughter.chanroblesvirtualawlibrarychanrobles virtual law library

Q - Even if that is the only way that you will save yourself by eloping her?chanrobles virtual law library

A - I will wait for them until such time that they will come to me.chanroblesvirtualawlibrarychanrobles virtual law library

Q - You still waited for the time when the parents of Caridad does (sic) not like you?chanrobles virtual law library

A - At that time, Your Honor, I told Caridad that I am decided to ask for your hands but Caridad said not this time and I said, "Now that you are pregnant what will happen to you?, and Caridad answered, "We will wait for the decision of my parents." (TSN - April 4, 1990, p. 176; Emphasis supplied)

Notwithstanding the rebuttal testimony of Caridad Villadar consisting of plain denials of the accused's positive, definite, consistent and detailed assertions, the inconsistencies on material points remain. The prosecution failed to establish evidence convincing enough to overcome the constitutional presumption of innocence.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the decision of the Regional Trial Court of Mati, Davao, dated August 30, 1990, is hereby REVERSED and SET ASIDE. The accused-appellant DOMINADOR VILLARIN is ACQUITTED on grounds of reasonable doubt.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Bidin, Davide, Jr., Romero and Melo, JJ., concur.