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FIRST DIVISION

G.R. No. 97137 March 4, 1994

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FULGENCIO MONTES y GRAFIL alias "Fulgen," defendant-appellant.

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

Public Attorney's Office for accused-appellant.

BELLOSILLO, J.:

FULGENCIO MONTES Y GRAFIL alias "Fulgen" was convicted by the court a quo for the rape of seven-year old Avelina Y. Bonga. He was sentenced to reclusion perpetua and to indemnify his victim in the amount of P30,000.00, without subsidiary imprisonment in case of insolvncy, and to pay the costs. ¹chanrobles virtual law library

Avelina Y. Bonga was born in 1981 to the spouses Francisco and Coleta Bonga of Paric, Samar. After Francisco died, Coleta left for Saudi Arabia to work.chanroblesvirtualawlibrarychanrobles virtual law library

Before leaving, she entrusted Avelina to her sister, Elena Y. Borja. ²Coleta left her three (3) other daughters with their grandmother "Ayo Yape" or "Apo Ayo."chanrobles virtual law library

In the afternoon of 9 December 1981, Avelina went to the house of her grandmother some 300 meters away from her aunt's residence. At around five-thirty in the afternoon, while Avelina was under the house of her grandmother playing with a cousin, accused Fulgencio Montes, a 51-year old farmer, arrived. He was a tenant in the nearby coconut farm of Julita Alde. Without a word, Fulgencio grabbed Avelina and gagged her mouth. Then he dragged her towards the coconut grove about 100 meters away. There he removed his pants and then her panties. He made her sit on his lap, in squatting position, and inserted his penis into her vagina. Avelina cried as she felt pain. Then she noticed a whitish fluid coming out of his penis after which Fulgencio stood up, gave her P1.00 and then told her to go home as he would still gather coconuts. ³chanrobles virtual law library

Avelina went home. She told her sisters, later her aunt Elena, about what Fulgencio did to her. The following morning, Elena and Avelina reported the rape to the police. At three o'clock in the afternoon, Avelina was examined by Dr. Hilarion A. Macapanas, Jr., OIC of the Eastern Samar Provincial Hospital. His findings were: External Examination - fairly developed, fairly well-nourished child . . . no contusion or hematoma in the body; Genital examination - fresh laceration of the hymen at 7:00 o'clock; Microscopic Examination - vaginal smear positive for spermatozoa; Conclusion - (1) genital injury noted on Avelina Bonga and (2) vaginal smear positive for spermatozoa. ⁴chanrobles virtual law library

On 11 December 1981, Elena Y. Borja, as guardian of Avelina, filed a complaint for rape against Fulgencio.chanroblesvirtualawlibrarychanrobles virtual law library

The accused professes innocence. His version is that he knew Avelina since she was born and that he lived just 20 meters away from her grandmother's house. ⁵On 9 December 1981, he was at a nearby coconut plantation gathering coconuts. Then at three o'clock in the afternoon, it started to rain and so he sought shelter in the house of Avelina's grandmother. While he was sitting on a step of the ladder, he overheard "Ayo Yape" scolding Avelina because her mother did not send money. Elena also arrived. She was in an angry mood. Without any permission, she took three coconuts from those he had earlier gathered. ⁶chanrobles virtual law library

Then he went back to the plantation where he worked until five o'clock in the afternoon. On his way home, he saw Avelina playing but did not pay attention to her. ⁷chanrobles virtual law library

On cross-examination, Fulgencio claimed that Elena filed the complaint against him because she was angry but could not accuse him of any other crime. Out of respect for Elena and her mother, however, he chose not to sue Elena for theft of the three coconuts. ⁸chanrobles virtual law library

Juan Barbo, another farmer, corroborated the story of Fulgencio and added that he and Fulgencio arrived simultaneously at the house of Avelina's grandmother when they sought shelter from the rain. But after the downpour, each went his own separate way. ⁹chanrobles virtual law library

After trial, the court a quo gave more credence to the prosecution, and on 23 October 1989, rendered judgment convicting Fulgencio. ¹⁰chanrobles virtual law library

Fulgencio contends in this appeal that the trial court erred in finding him guilty of rape. While he does not question the medical findings, he denies being the rapist. He theorizes that after the sexual assault, Avelina could have been in such a state of shock that she could not positively identify her attacker who, in all probability, could have been a stranger or a mere passer-by. Fulgencio claims that Avelina's impressionable mind, she being only seven, was conditioned by her aunt Elena to believe that he was her defiler because Elena "hated" him enough to implicate him. ¹¹chanrobles virtual law library

This is untenable. As observed by the Solicitor General, the hatred which Elena supposedly harbored against Fulgencio is a mere figment of the imagination. If anyone should be irked it should be Fulgencio because Elena took three heads of coconut from his stack without letting him know. But assuming that Elena was indeed furious at the accused, which is not adequately shown in the evidence, such animosity could not be of such degree as to drive Elena to induce her young niece to falsely accuse Fulgencio of the dastardly act.chanroblesvirtualawlibrarychanrobles virtual law library

On the other hand, we have the candid and forthright narration of Avelina detailing how she was raped by Fulgencio. Thus -

ATTY. TAN:

xxx xxx xxx

Q What did Fulgencio Montes do if any when you saw him on the ground in the house of your grandmother at sitio Paric . . .chanroblesvirtualawlibrarychanrobles virtual law library

A He took hold of me and dragged me to the coconut plantation.chanroblesvirtualawlibrarychanrobles virtual law library

Q And what did Fulgencio Montes do when you were already in the coconut plantation grove?chanrobles virtual law library

A He took off his pants and when he was naked he let me sat on his lap and placed his penis inside my vagina.chanroblesvirtualawlibrarychanrobles virtual law library

Q What else happened after Fulgencio Montes made you sat (sic) on his lap and after he placed his penis into your vagina?chanrobles virtual law library

A After that he ordered me to go home, he gave me one peso and ordered me to go home . . . when I was at home I was crying already.

xxx xxx xxx

Q . . . When you were dragged by Fulgencio Montes towards the coconut grove did you not resist?chanrobles virtual law library

A I did not.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why didn't you, what did he tell you?chanrobles virtual law library

A He was holding my hands and at the same time gagging my mouth.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you make an outcry?chanrobles virtual law library

A I did not because my mouth was gagged.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said that Fulgencio Montes took off his pants and when he was naked he placed his penis inside your vagina. Why? Were you not wearing panty at the time?chanrobles virtual law library

A I had a panty.chanroblesvirtualawlibrarychanrobles virtual law library

Q What happened to the panty you were wearing?chanrobles virtual law library

A He took off the panty.chanroblesvirtualawlibrarychanrobles virtual law library

Q What was the position of Fulgencio Montes when he allegedly placed his penis inside your vagina ?chanrobles virtual law library

A He was sitting.chanroblesvirtualawlibrarychanrobles virtual law library

Q And what was your position then, how was he positioned and what was your position then?chanrobles virtual law library

A (Witness now demonstrating to the Honorable Court on a sitting, squatting position).chanroblesvirtualawlibrarychanrobles virtual law library

Q Were you seated on the lap of Fulgencio Montes?.chanroblesvirtualawlibrarychanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you feel pain?.chanroblesvirtualawlibrarychanrobles virtual law library

A Yes, sir. ¹²

In sharp contrast, Fulgencio's bare insinuation that Avelina was merely used by her aunt to falsely implicate him in the crime of rape is totally absurd. At the risk of being banal, it is hard to believe that a maternal aunt would callously sacrifice her niece and expose her to public scrutiny and the humiliation of a trial just to appease her rankled feelings. We are convinced more than ever that Elena was motivated by an earnest desire to bring the rapist of her niece to justice.chanroblesvirtualawlibrarychanrobles virtual law library

Moreover, the lame excuse that Fulgencio was at the house of "Ayo Yape" during the alleged rape cannot prevail over Avelina's categorical statement that it was he who dragged her towards the coconut grove and placed his penis inside her vagina. As he himself admitted, he has known Avelina since her infancy and they were practically neighbors in sitio Paric.chanroblesvirtualawlibrarychanrobles virtual law library

Indeed, it is not difficult to see why the trial court believed the testimony of a mere child. The reason is plain enough. She was simply telling the truth. In a long line of decisions, this Court has demonstrated its marked receptiveness to the testimony of rape victims who are young and immature girls, ¹³like Avelina.chanroblesvirtualawlibrarychanrobles virtual law library

In rape cases, the accused may be convicted solely on the word of the complaining witness whose testimony is credible, natural and convincing. ¹⁴In this case, the testimony of Avelina was corroborated by her aunt Elena. It was further strengthened by Dr. Macapanas, Jr., who examined her one day after the rape and found a fresh hymenal laceration as well as spermatozoa in her vagina which could have been caused by the penetration of a male organ. ¹⁵This medical conclusion, coupled with Avelina's testimony that Fulgencio placed his penis inside her vagina, is sufficient to establish the essential requisite of carnal knowledge under Art. 335 of the Revised Penal Code. ¹⁶chanrobles virtual law library

The essence of statutory rape as provided in Art. 335, par. 3, of the Revised Penal Code is the carnal knowledge of a woman below twelve years old. Sexual intercourse then with a girl under twelve is always rape, and force, intimidation or physical sign of violence is inconsequential. ¹⁷Avelina then was only seven years old.chanroblesvirtualawlibrarychanrobles virtual law library

We are convinced beyond any cavil of doubt, as was the court a quo, that Fulgencio raped Avelina in the afternoon of 9 December 1981. Considering the very tender years of the innocent victim and the moral depravity the debasement of the perpetrator, the civil indemnity of P30,000.00 awarded by the court below should be increased to P50,000.00. ¹⁸chanrobles virtual law library

WHEREFORE, the judgment of the court a quo finding accused-appellant FULGENCIO MONTES Y GRAFIL alias "FULGEN" guilty of rape and imposing upon him a prison term of reclusion perpetua is AFFIRMED, with the modification that the civil indemnity of P30,000.00 awarded to his victim, Avelina Y. Bonga, is increased to P50,000.00. Costs against accused-appellant.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Cruz, Davide, Jr., Quiason and Kapunan, JJ., concur.

Endnotes:

1 Decision penned by Judge Auxencio C. Dacuycuy, Regional Trial Court, Br. 1, Borongan, Samar.chanrobles virtual law library

2 TSN, 22 August 1982, pp. 2-3, 8.chanrobles virtual law library

3 Id., pp. 14-17.chanrobles virtual law library

4 Exh. "C" Records, p. 3.chanrobles virtual law library

5 TSN, 17 January 1989, pp. 3-4.chanrobles virtual law library

6 Id., pp. 5-8.chanrobles virtual law library

7 Id., pp. 11-12.chanrobles virtual law library

8 Id., pp. 24-25.chanrobles virtual law library

9 TSN, 14 August 1989, pp. 4-5, 8.chanrobles virtual law library

10 See Note 1.chanrobles virtual law library

11 Appellant's Brief, p. 7.chanrobles virtual law library

12 TSN, 22 August 1983, pp. 14-15.chanrobles virtual law library

13 See People v. Bruca, G.R. Nos. 76019-20, 6 November 1989, 179 SCRA 64.chanrobles virtual law library

14 People v. Alvarez. G.R. No. 73071, 11 September 1992, 213 SCRA 722; People v. Segundo, G.R. No. 88751, 27 December 1993.chanrobles virtual law library

15 TSN, 25 February 1985, p. 27.chanrobles virtual law library

16 People v. Castillo, G.R. No. 84310, 29 May 1991, 197 SCRA 657.chanrobles virtual law library

17 People v. Palicte, G.R. No. 101088, 27 January 1994.chanrobles virtual law library

18 People v. Obejas, G.R. No. 102336, 27 January 1994.