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THIRD DIVISION

G.R. No. 87775 June 1, 1995

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. FEDERICO DADO alias "Jun Decoy," "Jun Dacoy," "Federico Dado Jr." and RENE DADO alias "Kick," accused, FEDERICO DADO, Accused-Appellant.chanrobles virtual law library

VITUG, J.:

Federico Dado ¹ appeals from the 18th February 1989 decision, ² in Criminal Case No. 3931; of the Regional Trial Court of Legazpi City, Branch 2, convicting him of rape and imposing on him the penalty of reclusion perpetua and the payment of an indemnity of twenty thousand pesos (P20,000.00) to the victim Eden Daria.chanroblesvirtualawlibrarychanrobles virtual law library

Accused-appellant was charged with one Rene Dado (at large) in an information that read:

That on September 7, 1986 about 11:30 o'clock in the evening, at Poblacion, Manito, Albay, Philippines, within the jurisdiction of the Honorable Court, the above-named accused, together with RENE DADO alias "Kick", whose case in the original complaint is archived and pending preliminary investigation in the MCTC of Sto. Domingo-Manito, Albay, conspiring together and helping one another for a common purpose, by means of force, threat and intimidation, taking advantage of superior strength, nighttime, and use of deadly weapon, did then and there wilfully, unlawfully and feloniously have one sexual intercourse each with EDEN DARIA, a 14-year old girl, against her will, and to her damage and prejudice.chanroblesvirtualawlibrarychanrobles virtual law library

CONTRARY TO LAW. ³chanrobles virtual law library

Federico pleaded not guilty to the accusation. At the trial, the prosecution and the defense presented their respective evidence.chanroblesvirtualawlibrarychanrobles virtual law library

The case for the prosecution, in brief, can be narrated thusly:chanrobles virtual law library

On 07 September 1986, Eden Daria; a 14 year old barrio lass from Manito, Albay, along with one Hilga Camacho, attended the "Mr. and Mrs." affair held at the dance hall in the town's poblacion. While the two young girls were on their way back for home from the party at around eleven o'clock in the evening, their path was blocked by Eduardo Arteta, alias "Edy," and one Diosdado Delposo. All at once, Arteta and Delposo dragged Eden to a nearby school building, leaving Hilga by the road. Arteta poked a knife at Eden's breast while Delposo had another knife pointed at her left side. Arteta and Delposo removed Eden's T-shirt, brassiere and gartered pants. Eden's struggles proved to be of no avail. Arteta laid on top of Eden and forced himself into her. Later, Delposo took his turn. After satisfying their lust, the duo left her.chanroblesvirtualawlibrarychanrobles virtual law library

Still reeling from the incident, Eden walked towards the direction of the house of an aunt, one Flordeliza Camacho. Along the way, she was approached by Federico Dado, a.k.a. "Jun Decoy," and Rene Dado, a.k.a. "Kick," both her neighbors, and by Noli Trilles, her distant cousin Federico and Rene, the latter pointing a knife at the still, dazed girl, accosted Eden to a nearby banana plantation in front of Flordeliza's house. Noli was left by the side of the road. Federico undressed the struggling Eden with the help of Rene. Federico forced Eden to lie on her back, then went on top of her and finally succeeded in entering her. Rene was next to commit the bestial act on the unwilling and frightened victim. Thereafter, Federico and Rene left but not without first threatening Eden with death if she were to reveal the incident to anyone.chanroblesvirtualawlibrarychanrobles virtual law library

Upon reaching her aunt's house, Eden related to her grandmother, Juanita Daria, the ordeal she had just been through. The next morning, she proceeded to her parents' house and recounted the story to her father, Roger Daria, who promptly brought her to the police headquarters in Manito. Roger also had his daughter medically examined at the rural health office in Manito where Dr. Napoleon Se, the municipal health officer, also treated Eden for her injuries. Dr. Se later executed a medical report indicating a thumb-sized hematoma "below the thyroid area bilateral at the side of the bronchial area" and other injuries in Eden's genital area. Eden, per the medical findings, so suffered "genital trauma" as follows.

1. Hymen - Laceration found at 3, 6, 9 o'clock.chanroblesvirtualawlibrarychanrobles virtual law library

2. Vulva abrasion with hematoma at the anterior lateral and posterior vestibule around the vaginal orifice.chanroblesvirtualawlibrarychanrobles virtual law library

3. Vagina - mucusal abrassion and laceration on the lateral and posterior wall.chanroblesvirtualawlibrarychanrobles virtual law library

4. Bloody discharge found in the vagina and the vulva. ⁴chanrobles virtual law library

Two separate criminal cases were filed with the Regional Trial Court of Legaspi City, one against Arteta and Delposo (Branch 9) and the other ⁵ against Federico Dado and Rene Dado (Branch 2). Federico was apprehended but Rene remained at large. ⁶

Federico Dado denied the charge; he submitted the following version:chanrobles virtual law library

In the afternoon of 07 September 1986, then 21-year old Federico went to visit his father, an amputee, at the latter's residence near the poblacion of Manito. Federico made arrangements with Mariano Dawal, a 74-year old co-resident, at Malanto, Manito, who went to town with Federico, for the latter to fetch Federico at the dance hall so that the two could go home together later in the evening. It was around 11:30 that night when Mariano finally arrived at the dance hall. While heading for home, the two were later joined by Elias Dawal, another resident of Malanto. When they were about a kilometer away from the dance hall, they saw a couple strolling at some distance ahead of them. When Federico noticed that the couple started to head towards a nearby banana plantation, he decided to follow them. Federico came close to about one arm's length away from the couple, whom he recognized to be Noli and Eden, when he was astonished to find them in the act of sexual intercourse. When the lovers noticed the presence of Federico, they immediately dressed up and warned Federico not to tell on them. Federico thus told no one, except his wife, about the incident.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court, not impressed by accused-appellant's story, rendered, on 18 February 1989, a decision convicting Federico of the crime charged.chanroblesvirtualawlibrarychanrobles virtual law library

The instant appeal questions the trial court's having given full credence to the uncorroborated testimony of Eden.chanroblesvirtualawlibrarychanrobles virtual law library

Unfortunately for appellant, assessing the credibility of witnesses is an area within the almost exclusive province of a trial judge whose findings and conclusions are normally accorded great weight and respect. ⁷ In determining the credulity of testimony, significant focus is held to lie on the deportment of, as well as the peculiar manner in which the declaration is made by, the witness in open court. ⁸ Hardly can an appellate court come close to a trial court in making, from a mere reading of the transcript of stenographic notes, that kind of evaluation.chanroblesvirtualawlibrarychanrobles virtual law library

In this case, moreover, we see in Eden's vivid account to the court neither a bridled nor an adulterated, but a plain and straightforward, narration of her traumatic experience. It simply would be unnatural for a young and innocent girl to concoct a story of defloration, allow an examination of her private parts, and thereafter subject herself to a public trial or ridicule if she has not, in fact, been a victim of rape and deeply motivated by a sincere desire to have the culprit apprehended and punished. ⁹ Certainly, her story, hereunder reproduced in her own words, could not have been a mere creation of fertile imagination.

Q You said you met the accused Federico Dado and Rene Dado while you were on your way home after Eduardo Arteta and Diosdado Del Puso raped you. What happened when you met Federico Dado and Rene Dado?chanrobles virtual law library

A I was dragged by them.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who dragged you?chanrobles virtual law library

A Federico Dado.chanroblesvirtualawlibrarychanrobles virtual law library

Q What about Rene Dado, what did he do to you, if any?chanrobles virtual law library

A Rene Dado pointed to me the knife.chanroblesvirtualawlibrarychanrobles virtual law library

Q Where did he point the knife to you?chanrobles virtual law library

A On the left side of my body (witness pointing to her left side of her body).chanroblesvirtualawlibrarychanrobles virtual law library

Q What about Federico Dado, what did he do to you?chanrobles virtual law library

COURT chanrobles virtual law library

Already answered. Federico Dado dragged her.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

Q Toward what direction Federico Dado dragged you while Rene Dado was pointing to you with his knife on your body?chanrobles virtual law library

A Toward the banana plantation.chanroblesvirtualawlibrarychanrobles virtual law library

Q While at the banana plantation what happened?chanrobles virtual law library

A I was made by them to lie down.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

Q Did you not shout?chanrobles virtual law library

A I was not able to shout because they told me they were going to kill me if I shout.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

Proceed.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

Q Who forced you to lie down?chanrobles virtual law library

A Federico Dado.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

Q Where was their companion the other man by the name of Nonito Trilles?chanrobles virtual law library

A He was near the road, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

Proceed.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

Q After you were forced to lie down by Federico Dado, what else happened? What did Federico Dado do to you when you were forced to lie down?chanrobles virtual law library

A He undressed me.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who undressed you?chanrobles virtual law library

A Federico Dado.chanroblesvirtualawlibrarychanrobles virtual law library

Q After you were undressed by Federico Dado, what did he do to you next, if any?chanrobles virtual law library

A He laid on top of me.chanroblesvirtualawlibrarychanrobles virtual law library

Q After he laid on top of you what else did he do to you, if any?chanrobles virtual law library

A He inserted . . . (witness' voice very low)chanrobles virtual law library

ATTY. BONGONchanrobles virtual law library

We request that the witness be ordered to speak louder so that we can hear.chanroblesvirtualawlibrarychanrobles virtual law library

INTERPRETERchanrobles virtual law library

(To witness) Answer now. Do not be ashamed.

xxx xxx xxx

COURTchanrobles virtual law library

The Court will ask question.chanroblesvirtualawlibrarychanrobles virtual law library

Q You already began your testimony by declaring when you were asked by your lawyer that Federico Dado inserted his. Will you continue with your answer?chanrobles virtual law library

WITNESSchanrobles virtual law library

A (no answer from the witness)chanrobles virtual law library

ATTY. BONGONchanrobles virtual law library

We would like to make it of record that despite the question by the Honorable Court the witness does not answer. We would like also to manifest that I am sorry I was not able to hear the beginning of the answer of the witness because she was speaking softly.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

Go to another point.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

Q While Federico Dado was on top of you, what was Rene Dado also doing, if any?chanrobles virtual law library

A Rene Dado just pointed the knife to me.chanroblesvirtualawlibrarychanrobles virtual law library

Q In what part of your body did he pointed the knife?chanrobles virtual law library

A Here only (witness pointing to her left side of her body).chanroblesvirtualawlibrarychanrobles virtual law library

Q While Rene Dado was pointing his knife on your body, what was Federico Dado doing to you while on top of you?chanrobles virtual law library

A (no answer from the witness)

xxx xxx xxx

ATTY. RICAFORTchanrobles virtual law library

Q What was that something which Federico Dado was inserting into yours?chanrobles virtual law library

A Kinabuhay niya (his sex organ).chanroblesvirtualawlibrarychanrobles virtual law library

Q Did he succeed in inserting his organ into yours?chanrobles virtual law library

ATTY. BONGONchanrobles virtual law library

Vague, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

I reform.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said Federico Dado was inserting his organ. Where did Federico Dado inserted his organ?chanrobles virtual law library

ATTY. BONGONchanrobles virtual law library

Objection, vague. There are many organs, there is the organ of touch, organ of hearing.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

I reform.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said you told the Court that Federico Dado was inserting his sex organ. Where did he insert his sex organ?chanrobles virtual law library

ATTY. BONGONchanrobles virtual law library

We will object. The witness did not say sex organ.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

She said "kinabuhay niya." As Bicolanos we understand that. That is colloquial term. Answer.chanroblesvirtualawlibrarychanrobles virtual law library

WITNESSchanrobles virtual law library

A (no answer from the witness)chanrobles virtual law library

COURTchanrobles virtual law library

(To witness) You answer the question. The Court is reminding you that you are to testify under oath. You answer.chanroblesvirtualawlibrarychanrobles virtual law library

WITNESSchanrobles virtual law library

A To my sex organ.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

The Court will ask.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did Federico Dado, the accused, do after he inserted his sex organ into yours?chanrobles virtual law library

A He left.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

Q What did you feel when Federico Dado inserted his sex organ into yours?chanrobles virtual law library

ATYY. BONGONchanrobles virtual law library

We object. The witness on the witness-stand testified that Federico Dado was inserting his sex organ and then he left. There is no showing that he inserted. He was in the process of inserting, not that he inserted.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

I reform.chanroblesvirtualawlibrarychanrobles virtual law library

Q While Federico Dado was inserting his sex organ into your sex organ, what was Rene Dado doing, if any?chanrobles virtual law library

A None.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

The Court will ask.chanroblesvirtualawlibrarychanrobles virtual law library

Q Was Federico Dado able to insert his sex organ into yours?chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q And Federico Dado after inserting his sex organ into yours he did nothing but left, that is what you want the Court to believe?chanrobles virtual law library

A He just stood up first, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. RICAFORTchanrobles virtual law library

Q After he stood up, what did you do?chanrobles virtual law library

A (no answer from the witness)chanrobles virtual law library

COURTchanrobles virtual law library

The Court will ask.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you said Federico Dado, the accused, was inserting his sex organ into yours, was your legs straight or were they open?chanrobles virtual law library

A I was made to open my legs.chanroblesvirtualawlibrarychanrobles virtual law library

Q How did Federico do it to open your legs?chanrobles virtual law library

A He pried them with his legs.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you resist or not?chanrobles virtual law library

A I resisted, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q In what manner did you resist?chanrobles virtual law library

A I struggled, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you hit the accused or not?chanrobles virtual law library

A No, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q When you said Federico Dado took off your dress, were you the one who took off your dress or was it Federico Dado?chanrobles virtual law library

A They undressed me.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you not struggle when they were undressing you?chanrobles virtual law library

A I was not able to struggle myself because I was being held.chanroblesvirtualawlibrarychanrobles virtual law library

Q By whom?chanrobles virtual law library

A I was being held by Rene Dado.chanroblesvirtualawlibrarychanrobles virtual law library

Q There was an incident just a few hours ago with the other two accused, Eduardo Arteta and the other one Diosdado Del Puso you were abused by the Dados?chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Was your panty with garter or tied, if any?chanrobles virtual law library

A with garter.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who removed your panty?chanrobles virtual law library

A Federico Dado.chanroblesvirtualawlibrarychanrobles virtual law library

Q When Federico Dado was removing your panty, did you not turn your legs so that your panty could not be pulled out?chanrobles virtual law library

A No, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why?chanrobles virtual law library

A (no answer from the witness)chanrobles virtual law library

Q Did you submit voluntarily to the accused when he took off your panty?chanrobles virtual law library

A No, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Were you standing or lying down when Federico Dado removed your underwear?chanrobles virtual law library

A I was lying down.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you not struggle?chanrobles virtual law library

A I was not able to struggle myself.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why?chanrobles virtual law library

A I was being held by Rene Dado.chanroblesvirtualawlibrarychanrobles virtual law library

Q Were you able to shout?chanrobles virtual law library

A No, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why?chanrobles virtual law library

A (no answer from the witness)chanrobles virtual law library

Q While they were stripping your clothes, were they saying anything?chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did they say to you?chanrobles virtual law library

A According to them if I make noise they are going to kill me.chanroblesvirtualawlibrarychanrobles virtual law library

Q Did you not tell them that you know them very well and that you will report them to your parents and to the police authorities?chanrobles virtual law library

A No, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why did you not tell them?chanrobles virtual law library

A Because I was afraid, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why were you afraid?chanrobles virtual law library

A Because they told me that they were going to kill me.

xxx xxx xxx

Q You said that after Federico Dado inserted his sex organ into yours he stood up. After he stood up what did Rene Dado do, if any?chanrobles virtual law library

A He also laid on top of me.chanroblesvirtualawlibrarychanrobles virtual law library

Q And when Rene Dado laid on top of you what else did he do to you, if any?chanrobles virtual law library

A The same he also inserted his sex organ in my sex organ.chanroblesvirtualawlibrarychanrobles virtual law library

Q What did Federico Dado do while Rene Dado has inserted his sex organ into yours?chanrobles virtual law library

A He was holding me.chanroblesvirtualawlibrarychanrobles virtual law library

Q In what part of your body was Federico Dado holding you while Rene Dado was on top of you and has inserted his sex organ into yours?chanrobles virtual law library

A My other arm and my other foot.chanroblesvirtualawlibrarychanrobles virtual law library

Q Which arm, your left arm or right arm and left foot or right foot?chanrobles virtual law library

A My right arm and also my right foot were being held by Federico Dado.chanroblesvirtualawlibrarychanrobles virtual law library

Q While you were being held by Federico Dado on your right arm and right foot, and Rene Dado was on top of you and has inserted his sex organ into yours, what did you do, if any?chanrobles virtual law library

A None, sir.chanroblesvirtualawlibrarychanrobles virtual law library

COURTchanrobles virtual law library

Q Were you crying when Federico Dado was on top of you?chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q When Rene Dado was on top of you and Federico Dado was holding your right arm and right foot, did you cry?chanrobles virtual law library

A Yes, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library

Q Why did you cry?chanrobles virtual law library

A Because I was hurt. ¹⁰

The victim's obvious reluctance to describe in full and in great detail the actual rape itself is certainly understandable. Contrary to what the appellant asserts, Eden is somehow having hedged at times should strengthen rather than destroy her credibility. Even minor lapses in a witness' testimony should be expected when a person would recount details of an experience so humiliating and so painful to recall as rape. ¹¹ If her testimony in court might have some minor variance from her sworn statement, specifically with regard to the presence and role of Noli during the incident, it should not be forgotten that she executed the sworn statement while she was still in daze ¹² and had yet to recover from the tragedy. ¹³

The failure of the prosecution to present Noli Trilles does not in any way dent the prosecution's case. Noli's testimony would have served no more than merely and partly corroborate Eden's account. In rape cases, the accused may be convicted solely on the testimony of the complaining witness so long as that testimony is credible, natural, convincing and otherwise consistent with human nature. ¹⁴ There is no merit in appellant's claim that he could not have raped Eden in the presence of her cousin, Noli Trilles. Rape has been known to be perpetrated even at places which, to many, would appear to be unlikely and high risk venues for it commission. ¹⁵

The absence of finger grips, contusions, bruises or scratches on; the different parts of Eden's body does not negate the commission of rape. ¹⁶ It is not necessary that the victim should bear marks of physical violence sustained by reason of the persistence of the sexual attacker, nor is the exertion of irresistible force by the culprit an indispensable element of the
offense. ¹⁷ Corollarily, Eden's failure to shout or offer tenacious resistance cannot be said to render voluntary her submission to the lustful criminal act of appellant. ¹⁸

The Court, accordingly, affirms the conviction by the trial court of appellant for the rape of Eden Daria. Given the facts and circumstances of the case found to be clearly extant, conspiracy between appellant and Rene Dado attended the commission of the offense. Consequently, appellant should be held responsible not only for his own unlawful act but also for that of Rene Dado for, in conspiracy, the act of one is the act of the other. Appellant must thus be convicted of two (2) crimes of rape. ¹⁹ The penalty for each simple rape is reclusion perpetua regardless of the presence or absence of mitigating or aggravating circumstances. ²⁰ Conformably with the prevailing rule announced by this Court in its previous rulings, the indemnity is raised to P50,000.00 ²¹ for each offense. ²²

WHEREFORE, the decision appealed from finding appellant Federico Dado guilty beyond reasonable doubt of the crime of rape is modified in that (a) said appellant should and is thus hereby held liable for two (2) crimes of rape for which he shall suffer two (2) penalties of reclusion perpetua and (b) the indemnity to the victim, Eden Daria, is increased to P50,000.00 for each offense or a total of P100,000.00. Costs against the appellant.chanroblesvirtualawlibrarychanrobles virtual law library

SO ORDERED.

Feliciano, Romero, Melo and Francisco, JJ., concur.