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SECOND DIVISION
G.R. No. Nos. 105669-70 October 18, 1994
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JERRY REJANO, Accused-Appellant.
The Solicitor General for plaintiff-appellee.chanrobles virtual law library
Valmonte Law Offices for accused-appellant.
PUNO, J.:
Appellant JERRY REJANO, convicted 1 for twice raping a girl not yet in her teens, turns to us for exculpation. His efforts are in vain.chanroblesvirtualawlibrarychanrobles virtual law library
On June 19, 1991, two separate criminal complaints were filed with the RTC of Malolos, Bulacan, against appellant by complainant MARISTELA F. SANTIAGO, assisted by her mother DIVINA SANTIAGO. He was accused of committing two rapes - on August, 1990 and December, 1990, as follows:
That sometime in the month of August (December), 1990, in the municipality of Hagonoy, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused by means of force, violence and intimidation, wilfully, unlawfully and feloniously have (sic) carnal knowledge of the undersigned complainant, a twelve-year old, against her will and consent.chanroblesvirtualawlibrarychanrobles virtual law library
Contrary to law. 2chanrobles virtual law library
The resulting cases, docketed as Criminal Cases No. 1035-M-91 and 1036-M-91, were consolidated and raffled to Branch 11 of the trial court. Appellant was arraigned on August 16, 1991. He pleaded not guilty to both charges.chanroblesvirtualawlibrarychanrobles virtual law library
Five (5) witnesses 3 testified for the prosecution, four (4) for the
defense. 4 The nine (9) are related to one another, and to other individuals mentioned in their testimonies. Appellant is the husband of complainant's cousin, defense witness, Liza Rejano. She is the adopted daughter of Edilberto Santiago, who is the brother of complainant's late father.chanroblesvirtualawlibrarychanrobles virtual law library
Complainant, who was born on January 26, 1978, 5 testified as the prosecution's principal witness. She narrated that she was first raped one evening 6 in August, 1990, in a lonely, open field far from the town proper of San Pedro, Hagonoy, Bulacan. She was there to make her third harvest of small crabs or talangka for the day. Appellant, who was also namimintol or catching talangka, was the only person in the field. 7chanrobles virtual law library
When complainant finished gathering the last of the talangka caught in her baited bintols of bamboo-and-net devices, she approached appellant who had summoned her. 8 He grabbed her left arm and forcibly took off her garterized shorts and panty. Complainant vainly fought back by kicking at appellant. He, however, managed to push her to the ground, and used his free arm to pin down her legs. 9 She screamed for help, but only the trees in the field heard her. Nobody came to her rescue. 10chanrobles virtual law library
Appellant then bestraddled complainant. She felt something round enter her vagina, causing her pain. "Aray," she screamed. Again, no one heard her. 11chanrobles virtual law library
Complainant does not remember how long the sexual violation took place, but when it was over, she felt very weak. Soon after, appellant left. Complainant stood up, put on her shorts, and went home, leaving her harvest of talangka in the field to die. 12chanrobles virtual law library
When complainant arrived at their house, she did not rouse her mother, Divina, who was already deep in slumber. As she lay down beside her two sisters to sleep, complainant resolved not to tell her mother about what appellant had done to her. 13chanrobles virtual law library
Early the next morning, appellant called to complainant who stood by the kitchen sink, washing her face. He was in their house, which is only a few meters from here. He threatened her against telling anyone about what occurred the night before. "Ine, huwag kang magsusumbong, kung hindi, bubugbugin kita at papatayin," he warned her. 14 Complainant believed the threat, which appellant reiterated time and again afterwards. 15chanrobles virtual law library
Months passed, Complainant's fear subsided. 16 Soon, it was December, 1990, and the Santiagos were preparing for the Centro harvest, 17 The night before the three-day harvest, complainant went to the house of her Auntie During Santiago. Appellant was also there. He told complainant that she could use his bicycle to go to the Centro the following day. 18chanrobles virtual law library
Complainant took the offer to heart. The next day, she went to appellant's residence to get the bicycle. 19 She found him standing by the bottom of the three-rung staircase. 20 His wife and children were nowhere in sight. 21 Complainant remained outside the doorway. She saw the bicycle parked near the top of the stairs. 22chanrobles virtual law library
Without warning, appellant grabbed complainant and dragged her into
the house and up to its stairs. Brandishing a "stainless beinte-nueve" with his right hand, he forcibly removed her shorts with his left, and made her lie on the floor. 23 He mounted and penetrated her. Complainant felt terrible pain in her stomach. 24 Still wielding the knife, appellant warned complainant not to shout. 25 She obeyed, and could only weep. 26chanrobles virtual law library
After violently deflowering complainant, he allowed her to take his bicycle. She rode it to the Centro which is quite far from their house. She cried during the trip. When she got to the Centro, she joined her relatives in the harvest. She kept quiet about the rape, even when appellant arrived later that morning. 27 That night, however, appellant's wife, Liza, confronted her about the presence of Rejano residence of a "white object which could only be the result of the doing of two persons," obviously referring to semen. Appellant broke the story to Liza who admonished her not to tell anyone about the incident. 28 By late January, 1991, her mother, Divina, learned about the rapes 29 and filed a complaint against appellant with the police authorities. 30chanrobles virtual law library
On February 4, 1991, complainant underwent a physical examination conducted by Dr. Ronaldo B. Mendez, Medico-Legal Officer II of the Bulacan Integrated Provincial Health Office of the Department of Health. His findings are embodied in his report, as follows:
CASE NO. G-08
DATE: February 4, 1991MARISTELA F. SANTIAGO, 13 years old, female, single, Filipino, residing at San Pedro, Hagonoy, Bulacan.chanroblesvirtualawlibrarychanrobles virtual law library
DATE, TIME & PLACE OF EXAMINATION: February 4, 1991, 10:00 A.M., Bulacan Provincial Hospital, Malolos, Bulacan.chanrobles virtual law library
ALLEGED DATE, TIME & PLACE OF COMMISSION: August 1990, 7:00 P.M. Farm in Hagonoy.chanroblesvirtualawlibrarychanrobles virtual law library
ALLEGED CASE: RAPE
REQUESTING PARTY: REYNALDO V. SANTOS
Police Officer II
Chief, Investigating Section
Hagonoy Police Station
Hagonoy, Bulacanchanrobles virtual law libraryGENERAL SURVEY:
HEIGHT: 150 cm. WEIGHT: 43.5 kgs.
Fairly nourished, fairly developed, conscious, coherent, cooperative, ambulatory subject.chanroblesvirtualawlibrarychanrobles virtual law library
Breasts, developing, hemispherical. Aerolae, light brown, 2.5 cm. in diameter. Nipples, light brown, protruding, 8 cm. in diameter.chanroblesvirtualawlibrarychanrobles virtual law library
GENITAL EXAMINATIONS:chanrobles virtual law library
Pubic hair, no growth. Labia majora and labia minora, coaptated. Foruchette, lax. Vestibule, pinkish, smooth. Hymen, originally annular, moderately tall; moderately thick with a superficial laceration at 3:00 o'clock position. Edges are rounded and non-coaptable. Its orifice wide, admits a rube of 2.6 cm in diameter with moderate resistance. Vaginal walls, tight, rugosities, shallow.chanroblesvirtualawlibrarychanrobles virtual law library
CONCLUSIONS:chanrobles virtual law library
1. No extragenital physical injuries noted on the body of the subject at the time of examination.chanroblesvirtualawlibrarychanrobles virtual law library
2. Old hymenal laceration, present.chanroblesvirtualawlibrarychanrobles virtual law library
3. Hymenal orifice, wide (2.6 cm in diameter) as to allow complete penetration of an average-sized Filipino male organ in full erection without producing any new hymenal injury.chanroblesvirtualawlibrarychanrobles virtual law library
(Exh. "E"; p. 44, Original Records)
Dr. Mendez testified that the laceration on complainant's genitalia is old
and healed, which means it occurred at least four (4) months before the examination. 31chanrobles virtual law library
Appellant mainly put forth the defense of denial and, with regard the first rape, alibi. Appellant, and his wife and sister testified that they were visiting his ailing father in Pinamalayan, Mindoro during the entire month of August, 1990. They were one in saying they left Hagonoy on July 24, 1990, and returned on September 1, 1990. 32chanrobles virtual law library
After trial, the impugned Decision, dated March 30, 1992, was promulgated. Accused was convicted, viz:
WHEREFORE, this Court finds herein accused Jerry Rejano, GUILTY beyond reasonable doubt of two (2) counts of the crime of RAPE as charged and hereby sentences him to suffer imprisonment of RECLUSION PERPETUA on each count and to indemnify complainant in the amount of Forty Thousand (P40,000.00) Pesos. No pronouncement as to cost.chanroblesvirtualawlibrarychanrobles virtual law library
SO ORDERED.
Appellant now urges -
THE TRIAL COURT OVERLOOKED SOME MATERIAL FACTS AND/OR MISINTERPRETED CERTAIN PIECES OF EVIDENCE WHICH HAD THEY BEEN CONSIDERED IN THE PROPER LIGHT, IT (SIC) WOULD HAVE ACQUITTED ACCUSED-APPELLANT. 33chanrobles virtual law library
In particular, he argues, viz.:
I.chanroblesvirtualawlibrarychanrobles virtual law library
Judge Gabo, who rendered the decision of conviction was not the one who received the evidence. His only participation was to write the decision;
II.chanroblesvirtualawlibrarychanrobles virtual law library
Doctor's testimony accords strong basis for accused (sic) acquittal;
III.chanroblesvirtualawlibrarychanrobles virtual law library
Offended party's claim that she was abused by the accused in August, 1990 deserves scant consideration;
IV.chanroblesvirtualawlibrarychanrobles virtual law library
Failure of complainant to do anything before during and after alleged rape and her conduct immediately after the rape negate its commission. (People vs. Cerilo Flores, 125 SCRA 244);
V.chanroblesvirtualawlibrarychanrobles virtual law library
Accused's defense of alibi, contrary to the lower court's holding, assumes
significance. 34chanrobles virtual law library
We affirm the impugned decision.chanroblesvirtualawlibrarychanrobles virtual law library
Firstly, appellant takes exception to the finding of the trial court that:
This Court finds no reason to doubt the credibility of the offended party. In her testimony, she came to lay out, in a clear and simple language, what had happened to her in the hands of the accused. She had been direct and straightforward in describing how the accused committed the crimes against her chastity. . . 35chanrobles virtual law library
for the reason that Judge Gabo, Jr., who penned the impugned Decision was not the one who heard the case. We find no merit in this argument.chanroblesvirtualawlibrarychanrobles virtual law library
Time and again, this Court has held that a decision is not rendered erroneous by the fact that it was penned by a judge other than the one who heard the evidence in the case. 36 In such instances, however, the well-settled general rule that the trial court's findings as to credibility of witnesses be given weight should not be applied. 37 This is because, not having heard the testimonies himself, the judge is in no better position than the appellate courts to make such determinations.chanroblesvirtualawlibrarychanrobles virtual law library
After reviewing the entire records of the case at bench, we find ourselves in agreement with Judge Gabo, and accord the mark of credence to complainant's testimony. The transcript of her testimonies shows she was candid in answering the questions propounded to her. The story she presented is credible and consistent. Particularly impressive, to our minds, are the small details that pepper her testimony, as exemplified by the following portions of her cross-examination:
xxx xxx xxx
Court:chanrobles virtual law library
Q How did you remember that it was in August (referring to the first rape)?chanrobles virtual law library
A Because it was in the season of catching small crabs, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q Could it be also in June or July and not in August?chanrobles virtual law library
A During those months, the small crabs are too small, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte (defense counsel):chanrobles virtual law library
But are there crabs to be caught also in September?chanrobles virtual law library
A Very few, sir. Only left-overs.
xxx xxx xxx
Atty. Valmonte:chanrobles virtual law library
Why, where did you come from immediately before you went to the place where you were catching small crabs?chanrobles virtual law library
A In our house, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q I am puzzled because you could not tell when you were allegedly raped except by saying that it happened in the months of August and September. How did you fix the time at 6:30 when you left your house and you arrived there at 7:00 o'clock at the place where you were raped?chanrobles virtual law library
A Because before I went to the field, I was listening to the drama over the radio and after the drama, I proceeded to the field, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q What drama were you listening?chanrobles virtual law library
A "Sangdipang Langit," sir and "Emergency 166."chanrobles virtual law library
Q Was that the program which you were not able to finish when you went to the field?chanrobles virtual law library
A They were both finished before I went to the field, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Over what station?chanrobles virtual law library
A DZRH, Your Honor. From Monday to Saturday.chanroblesvirtualawlibrarychanrobles virtual law library
Q From your house up to the place in the field where you started catching small crabs, could that be negotiated by 30 minutes?chanrobles virtual law library
A Yes, sir, because it is very far from our house.chanroblesvirtualawlibrarychanrobles virtual law library
Q Aside from Jerry Rejano, did you not see any other person when you arrived at that place?chanrobles virtual law library
A None, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q. When you arrived at the place where you were catching crabs, you did not see Jerry Rejano?chanrobles virtual law library
A No, sir. I did not see him at once, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q For how long a time when you were there at the place when you saw Jerry Rejano?chanrobles virtual law library
A Maybe I was already able to catch three bintols, sir.
xxx xxx xxx
Atty. Valmonte:chanrobles virtual law library
Q These bintols you mentioned, were these already in the field when you went there?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Q When did you place those bintols?chanrobles virtual law library
"A Around 3:00 o'clock in the afternoon, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte:chanrobles virtual law library
Q How did you determine the time in the gathering of these bintols?chanrobles virtual law library
A That is our practice, sir. To place the bintol then after 30 minutes, we go back to gather the crabs, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q You placed the bintols according to you at 3:00 o'clock in the afternoon of that date and then you went there at 7:00 o'clock to gather?chanrobles virtual law library
A I placed the bintols and I was able to gather twice before I went home, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Q So this is the third time?chanrobles virtual law library
A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q Were you able to gather small crabs during the first two harvests?chanrobles virtual law library
A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q How many?chanrobles virtual law library
A Almost one pail, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte.chanroblesvirtualawlibrarychanrobles virtual law library
Q I would like to be clear on this point. When you went to the place where you were allegedly raped when you were in the field at about 7:00 o'clock in the evening, what you would like to tell the Court is to gather the third bintol?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q How many bintols did you place there?chanrobles virtual law library
A 29 sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q You were able to get or collect your bintols when you were allegedly raped?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q So, on that occasion, only one bintol was removed by you?chanrobles virtual law library
Atty. Ariñas (private prosecutor):chanrobles virtual law library
It is misleading, Your Honor. According to her, she was there to harvest the third bintol.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Q How many, out of the 29 bintols were you able to gather before you were raped?chanrobles virtual law library
A I was able to gather all, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q How much small crabs were able to gather?chanrobles virtual law library
A Only few, Your Honor. About 2 kilos.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte:chanrobles virtual law library
Q Where did you place those two kilos which you were able to gather?chanrobles virtual law library
A Inside the net, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q I heard you say that the accused Jerry Rejano and you went to him while you were carrying the small crabs which you gathered (sic).chanroblesvirtualawlibrarychanrobles virtual law library
A No, sir. I was already finished gathering the bintols. Before I approached Jerry Rejano, I put down the net at the last bintol.chanroblesvirtualawlibrarychanrobles virtual law library
Q In other words, you left your harvest behind?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And you did not go back to the place where you left your harvest after you were raped?chanrobles virtual law library
A No, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And you never went back that same night or thereafter to get your harvest?chanrobles virtual law library
A The following day, sir. In the afternoon, I returned. I got my bintols.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Q And what happened to your catch?chanrobles virtual law library
A They all died, Your Honor.
xxx xxx xxx
(TSN of October 7, 1991, pp. 33-34)
xxx xxx xxx
Atty. Valmonte:chanrobles virtual law library
Q According to you, before the accused lent his bicycle to you, you were again abused. Where was he for the first time when you saw him in his house when you went there to borrow the bicycle?chanrobles virtual law library
A He was in front of the stairway, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And out of his house?chanrobles virtual law library
A Inside his house, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Q How many floors is that house?chanrobles virtual law library
A There are three steps, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q What part of the house did you go when you went to the house of Jerry Rejano?chanrobles virtual law library
A Beside the door, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q You did not go up the house?chanrobles virtual law library
A No, Your Honor. I did not go.chanroblesvirtualawlibrarychanrobles virtual law library
Q Where was the bicycle at the time when you went at the house of Jerry Rejano?chanrobles virtual law library
A It was upstairs, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q And Jerry Rejano called for you to give you the bicycle?chanrobles virtual law library
A No, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Q How did you happen to go up?chanrobles virtual law library
A He dragged me upstairs, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte:
xxx xxx xxx
Q And when you were dragged upstairs, according to you . . . I withdraw that. You mentioned that a knife was poked on you while you were being "molested" or being abused. Did you see that the accused carrying that knife when he drag you upstairs?chanrobles virtual law library
A Not yet, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q When for the first time that you saw the knife?chanrobles virtual law library
A When we were already upstairs, sir.
xxx xxx xxx
Q When you first saw the knife, was it carried by the accused?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q What kind of knife was that?chanrobles virtual law library
A It looks like a stainless beinte nueve, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And when did he put off that knife. When did he release that knife?chanrobles virtual law library
A When he gave me the bicycle, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Where did he place that knife?chanrobles virtual law library
A I did not know where he placed that knife, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Court:
xxx xxx xxx
Q After the incident, according to you, Jerry Rejano gave you the bicycle. Was that bicycle within the premises where you claimed you were abused?chanrobles virtual law library
A The bicycle was located just near the stairways while we were a little but far from that place, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte:chanrobles virtual law library
Q In other words, the bicycle was at the ground?chanrobles virtual law library
A No, sir. It was upstairs, beside the stairs at the last step, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And you accepted the bicycle from the accused when he gave that to you?chanrobles virtual law library
A Yes, sir.
xxx xxx xxx
Q Who among those people there are your relatives whom you saw while doing the harvesting?chanrobles virtual law library
A There were my Kuya Junior, Kuya Rudy as well as the helpers, Obet, Jerry and my Amang, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q You mentioned of a Jerry. Is he the accused?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who arrived first at the place where the gapasin was made, Jerry or you?chanrobles virtual law library
A I did, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q But later on, you were joined by Jerry Rejano?chanrobles virtual law library
A Yes, sir.
xxx xxx xxxchanrobles virtual law library
(TSN of October 11, 1991, pp. 9-14).
Certainly, the thirteen-year-old complainant cannot be considered sophisticated enough to falsely and maliciously attribute the crime of rape to her cousin-in-law, and to weave such an intricate and richly detailed story to support it. Moreover, as we held in the recent case of People v. Guibao, 217 SCRA 64 (1993):
. . . It would be highly improbable for a barrio girl of tender age and definitely inexperienced in sexual matters to fabricate charges, for no reason at all, that will put herself and her family in a very compromising situation . . . .
xxx xxx xxxchanrobles virtual law library
. . . (N)o woman, especially of tender age, would concoct a story of defloration, allow an examination of her private parts, and thereafter pervert herself by being subjected to a public trial, if she was not motivated solely by the desire to have the culprit apprehended and punished.
In the present case, the defense failed to establish ill-motive on complainant's part that would have spurred her to accuse appellant as her rapist. The uncorroborated imputation that the whole rape scenario was concocted by complainant's mother, to make appellant and his wife pay for intriguing against her is utterly unbelievable. No mother would stoop that low as to subject her daughter to the physical hardships and shame concomitant to a rape prosecution just to assuage her own hurt feelings.chanroblesvirtualawlibrarychanrobles virtual law library
Secondly, appellant seeks refuge behind the results of the physical examination conducted on complainant. He argues that the medical findings show that complainant "could not have been raped in December, 1990." 38 He is wrong.chanroblesvirtualawlibrarychanrobles virtual law library
It is true that Dr. Mendez found a single "old healed laceration" on complainant's genitalia, which could not have been sustained less than four (4) months before the examination done in February, 1991. Nonetheless, it does not follow, as appellant propounds, that this fact negates the claimed December, 1990 rape.chanroblesvirtualawlibrarychanrobles virtual law library
It is well-settled that perfect penetration, rupture of the hymen or laceration of the vagina are not essential for the offense of consummated rape. 39 Mere penetration of the penis by the entry thereof into the labia majora of the female organ, even without rupture of the hymen, suffices to warrant a conviction for rape. 40 Furthermore, in the case at bench, it must be noted that the very physical examination report adverted to by appellant contains, inter alia, the following conclusion: "(h)ymenal orifice, wide . . . as to allow complete penetration of an average-sized Filipino male organ in full erection without producing any new hymenal injury (emphasis supplied). Thus, it is physically possible for complainant to have been raped in December, 1990 without incurring a new laceration in her genitalia. This was clearly testified to by Dr. Mendez, on cross-examination, thus:
xxx xxx xxx
Q When penetration of a male organ in full erection could be had without producing hymenal injury, could it be possible that the complainant had not only (one) sexual intercourse at the time of your examination?chanrobles virtual law library
A Possible, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q So, it is possible also that more than one could be had between the period of August and December?chanrobles virtual law library
A Possible, sir.
xxx xxx xxx
(TSN of Sept. 27, 1991, p. 16).
Appellant's third submission is that:
If complainant lied in claiming she was raped by the accused in December, 1990 as proven by the doctor's findings, she likewise lied, or it cannot be taken as solid basis without infringing accused's constitutional right to presumption of innocence, when she claimed that she was raped in August, 1990 (sic). 41chanrobles virtual law library
In light of our conclusion that Dr. Mendez's medical findings do not in any way negate the commission of the second alleged rape, this argument loses all persuasiveness.chanroblesvirtualawlibrarychanrobles virtual law library
Penultimately, appellant argues that complainant's charge is incredulous considering her actions before, during and after the alleged rapes. We are not convinced.chanroblesvirtualawlibrarychanrobles virtual law library
Regarding complainant's failure to immediately report the two instances of rape committed against her, we deem it fit to reiterate our holding in the case of People vs. Yambao, 193 SCRA 571 (1991), that:
. . . (T)he silence of the offended party in a case of rape, or her failure to disclose her defilement without loss of time to persons close to her and to report the matter to the authorities, does not perforce warrant the conclusion that she was not sexually molested and that her charges against the accused are all baseless, untrue and fabricated. Other relevant facts and circumstances must be considered to determine the veracity of the accusation. . . . Failure to report an incident immediately does not cast doubt on the credibility of the charge notwithstanding the fact that the delay is not in any way attributable to the threats of death and intimidation given by the accused to the victim. . . .
In the case at bench, the complainant is a twelve-year-old barrio girl with only a Grade IV education. She cannot be expected to act with the courage and intelligence of a mature and sophisticated women, and immediately report the assaults committed against her. Threatened and shamed by the experience, she chose to keep mum. Victims of rapes do not always immediately go to the rooftop to denounce their assailants. In fine, silence is not an odd behavior on the part of rape victims.chanroblesvirtualawlibrarychanrobles virtual law library
Appellant characterizes the resistance offered by complainant in the field during the first alleged rape as "that of one who was not being attacked," and her acts at that time as "leav(ing) much to be desired from one who had just become a victim of an heinous offense." 42 He particularly zeroes in on the facts: (1) that she "merely tried to kick" him and "merely" screamed aray at that time; and
(2) that she thought of putting on her clothes first before going home after the alleged attack occurred. We disagree.chanroblesvirtualawlibrarychanrobles virtual law library
In the very recent case of People v. Ibay, G. R. No. 101631 (June 8, 1993), we held:
. . . Behavioral psychology teaches us that different people react to similar situations dissimilarly. Most women would resist a sexual assault with a wild struggle. Others become virtually catatonic because of the mental shock they experience. Yet, it can never be successfully argued that the latter are any less sexual victims than the former. . . .
Nor do we count against complainant's credibility her act of going to appellant's house to borrow his bicycle in December, 1990, notwithstanding her rape four months before. At that time, she was admittedly no longer afraid of appellant. It did not cross her simple and unsuspecting mind that appellant's offer that she use his bicycle to get to the distant Center could be misconstrued. In her youthfulness, she took appellant's offer at face value. We do not hold this isolated act as a badge of falsehood as to reject the total testimony of the complaint.chanroblesvirtualawlibrarychanrobles virtual law library
Finally, appellant impugns the trial court's disregard of his assertion that he was not in Bulacan, but in Mindoro, during the entire month of August, 1990.chanroblesvirtualawlibrarychanrobles virtual law library
Alibi is the weakest of all defenses for it is easy to fabricate and difficult to disprove, and cannot prevail where, as in the case at bench, appellant was positively identified as the perpetrator of the crimes charged. 43 As Appellant's alibi is particularly vulnerable to attack because of his failure to present unbiased witnesses to corroborate the same, as can be seen from the following passages from his testimony:
Fiscal:
xxx xxx xxx
Q You mentioned that you went to Mender because of your father at that time was in serious condition. Could you not also present any medical certificate from any Doctor of Mindoro?chanrobles virtual law library
A No, Ma'am, because he was only treated by a quack doctor.chanroblesvirtualawlibrarychanrobles virtual law library
Q Can you present that albulario to testify that this albulario actually managed your father and to show that you were actually present at that time in Mindoro?chanrobles virtual law library
A I am not sure Ma'am if I can present that quack doctor because he is also sickly.chanroblesvirtualawlibrarychanrobles virtual law library
Fiscal:
xxx xxx xxx
Q What is the name of that albulario?chanrobles virtual law library
A Kodeng, Ma'am.chanroblesvirtualawlibrarychanrobles virtual law library
Q But you are facing two (2) cases of rape which is a very serious complaint, do you think that it is not important for you to present this albulario for taking the initiative of . . .chanroblesvirtualawlibrarychanrobles virtual law library
Atty. Valmonte:chanrobles virtual law library
Your Honor, I think that is a legal conclusion, Your Honor, please. A matter addressed from lawyer to lawyer.chanroblesvirtualawlibrarychanrobles virtual law library
Fiscal:chanrobles virtual law library
Q Do you not consider it important to present this albulario considering that you are facing charges of rape with two (2) counts?chanrobles virtual law library
Atty. Valmonte:chanrobles virtual law library
Same objection, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
Court:chanrobles virtual law library
Witness may answer.chanroblesvirtualawlibrarychanrobles virtual law library
Witness:chanrobles virtual law library
No Ma'am.chanroblesvirtualawlibrarychanrobles virtual law library
Fiscal:chanrobles virtual law library
Q Can you present any document to prove that sometime in August, 1990, you were actually in Pinamalayan, Mindoro?chanrobles virtual law library
A No, Ma'am.chanroblesvirtualawlibrarychanrobles virtual law library
Q Aside from your family who have just testified, can you present somebody who is a resident of Pinamalayan who will testify that you were actually in Pinamalayan, Mindoro on August, 1990?chanrobles virtual law library
A Yes, Ma'am. My parents.chanroblesvirtualawlibrarychanrobles virtual law library
Q Can you present your parents at the next hearing of this case?chanrobles virtual law library
Atty. Valmonte:chanrobles virtual law library
Your Honor, I think this should be addressed to the discretion of a lawyer which actually is counsel's duty and responsibility.chanroblesvirtualawlibrarychanrobles virtual law library
Fiscal:chanrobles virtual law library
Q Aside from your mother, is there anybody else can testify or any officer of that barrio where you reside who can appear and testify that you were actually present there in August, 1990?chanrobles virtual law library
A No, Ma'am.
xxx xxx xxxchanrobles virtual law library
(TSN of December 27, 1991, pp. 7-10).
Article 335 of the Revised Penal Code enumerates three circumstances under which carnal knowledge of a woman is considered rape: (1) when the intercourse is done by the use of force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when she is under twelve years of age. In the case at bench, the prosecution successfully proved beyond reasonable doubt, that appellant had forced sexual intercourse with complainant in August and December, 1990. That is sufficient reason for us to sustain appellant's conviction for two counts of rape.chanroblesvirtualawlibrarychanrobles virtual law library
IN VIEW THEREFORE, the appeal is DISMISSED for lack of merit. The Decision of the Regional Trial Court of Malolos, Bulacan, Branch XI, dated March 30, 1992, is AFFIRMED IN TOTO. Costs against appellant.chanroblesvirtualawlibrarychanrobles virtual law library
SO ORDERED.
Narvasa, C.J., Regalado and Mendoza, JJ., concur.chanroblesvirtualawlibrarychanrobles virtual law library
Padilla, J., is on leave.
Endnotes:
1 By the Regional Trial Court of Malolos, Bulacan, Branch 11, presided by Judge Basilio R. Gabo, Jr.chanrobles virtual law library
2 See Rollo, pp. 12-15.chanrobles virtual law library
3 Complainant Maristela Santiago; her mother and Aunt Divina and Dorotea Santiago; police corporal and Divina's kumpare, Pepe Domingo; and Dr. Ronaldo Mendez.chanrobles virtual law library
4 Appellant Jerry Rejano; his wife, Liza; his sister, Belinda Caparas; and Liza's aunt, Atanacia Santiago.chanrobles virtual law library
5 TSN of September 18, 1991, pp. 7-8; See Exh. "A" which is the baptismal certificate of Maristela Santiago.chanrobles virtual law library
6 Complainant cannot remember the exact date of the assault. But, she is certain that it occured in the month of August, which is the season for catching talangka. (TSN of October 7, 1991, p. 33.)
7 Ibid., at pp. 8-9, 35.chanrobles virtual law library
8 Id., at p. 9.chanrobles virtual law library
9 Id., at pp. 10-19.chanrobles virtual law library
10 Id., at p. 12.chanrobles virtual law library
11 Id., at p. 11.chanrobles virtual law library
12 Id., at pp. 11, 25, 29-30, 43-44.chanrobles virtual law library
13 Id., at pp. 26-27; TSN of October 11, 1991, pp. 4-5.chanrobles virtual law library
14 Ibid., at pp. 30-31; TSN of October 7, 1991, p. 13.chanrobles virtual law library
15 Ibid., at p. 14.chanrobles virtual law library
16 TSN of October 11, 1991, p. 8.chanrobles virtual law library
17 Complainant cannot remember the exact date of the second rape, but she is sure it was sometime in December, 1990, before Christmas. (TSN of October 7, 1991,
p. 32.)18 Ibid., at p. 15; TSN of October 11, 1991, p. 6.chanrobles virtual law library
19 Ibid., at p. 7; TSN of October 7, 1991, p. 16.chanrobles virtual law library
20 TSN of October 11, 1991, p. 8.chanrobles virtual law library
21 TSN of October 7, 1991, p. 19.chanrobles virtual law library
22 TSN of October 11, 1991, pp. 10, 12.chanrobles virtual law library
23 Ibid., at pp. 10-11.chanrobles virtual law library
24 TSN of October 7, 1991, pp. 16-17.chanrobles virtual law library
25 Ibid., at p. 20.chanrobles virtual law library
26 Id., at pp. 18-20; TSN of October 11, 1991, pp. 15-16.chanrobles virtual law library
27 Ibid., at pp. 12-16; TSN of October 7, 1991, p. 19.chanrobles virtual law library
28 TSN of October 11, 1991, p. 17.chanrobles virtual law library
29 TSN of September 18, 1991, p. 11.chanrobles virtual law library
30 Ibid., at pp. 8-9, 13, 21-22; TSN of October 18, 1991, p. 7; TSN of March 4, 1992, p. 6.chanrobles virtual law library
31 TSN of September 27, 1991, pp. 7, 12.chanrobles virtual law library
32 See TSNs of October 25, 1991, November 18, 1991, November 27, 1991, December 13, 1991, and December 27, 1991.chanrobles virtual law library
33 Appellant's Brief, pp. 3-4; Rollo, pp. 43-44.chanrobles virtual law library
34 See Appellant's Brief, pp. 7-25; Rollo, pp. 46-64.chanrobles virtual law library
35 Impugned Decision, p. 3.chanrobles virtual law library
36 See People v. De Paz, 212 SCRA 56 (1992); People v. Jaymalin, 214 SCRA 685 (1992); People v. Collado, 196 SCRA 519 (1991); People v. Juanga, 189 SCRA 226 (1990); People v. Escalante, 131 SCRA 237 (1984).chanrobles virtual law library
37 See People v. Ablao, 192 SCRA 698 (199); People v. Gerapusco, 143 SCRA 614 (1986); People v. Escalante, 131 SCRA 237 (1984).chanrobles virtual law library
38 Appellant's Brief, p. 9; Rollo, p. 48. Actually, in the brief, the quoted portion was written as, "could not have been raped in December, 1991." This court recognizes the error as merely typographical.chanrobles virtual law library
39 People v. Castro, 196 SCRA 679 (1991).chanrobles virtual law library
40 People v. Bacalzo, 195 SCRA 557 (1991).chanrobles virtual law library
41 Appellant's Brief, p. 10; Rollo, p. 49.chanrobles virtual law library
42 Ibid., p. 19; Rollo, p. 58.chanrobles virtual law library
43 See People v. Cabuang, 217 SCRA 675 (1993); People v. Dela Cruz, 217 SCRA 283 (1993); People v. Dominguez, 217 SCRA 170 (1993).
