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THIRD DIVISION

G.R. No. 104275 September 28, 1995

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. SALVADOR BULAYBULAY, Accused-Appellant.

VITUG, J.:

Herein accused-appellant, Salvador Bulaybulay, questions the decision of the Regional Trial Court of Lanao del Norte, Branch II, which has found him guilty of the crime of rape under an information, dated 13 August 1990, that reads:

That on or about and during the month of December, 1989, at Kolambugan, Lanao del Norte, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with force, violence and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of the undersigned complainant, a woman of 23 years old but has a mental age equivalent to a 7-8 year old girl, against her will and consent.chanroblesvirtualawlibrarychanrobles virtual law library

CONTRARY to and in VIOLATION of Article 335 of the Revised Penal Code as amended by Republic Act No. 4111. ¹chanrobles virtual law library

When arraigned, the accused entered a plea of not guilty.chanroblesvirtualawlibrarychanrobles virtual law library

Marilou Pornilos, the private complainant, biologically is 23 years old but, on the basis of psychiatric examination and analysis made by Dr. Amadeo Garcia, a qualified consultant in psychiatry, her mental age is equivalent to that of only a 7 or 8 year-old child. Marilou is also deaf and suffers from a speech problem. She has never attended school. The girl has been living with her aunt, Ma. Theresa Tuburan, in Kolambugan, Lanao del Norte, since 01 January 1989.chanroblesvirtualawlibrarychanrobles virtual law library

Some time in May 1990, the aunt noticed an abnormal abdominal growth in Marilou's physique. Marilou was brought to a local midwife who found the victim to be five months pregnant. The finding was confirmed following another examination conducted at the Rural Health Center of Kolambugan. When asked who had been responsible for her condition, Marilou pointed to accused Salvador Bulaybulay. Bulaybulay worked at the Kolambugan District Hospital just about five (5) meters away from the residence of the victim and her aunt. At the ground floor of the house was the only restaurant in the vicinity, owned by a certain Mrs. Entrina, which he used to frequent.chanroblesvirtualawlibrarychanrobles virtual law library

Private complainant narrated that before each sexual abuse, the accused would first bring the children of Ma. Theresa Tuburan, ages one and four, out of the room, then close the door and finally perform the carnal act. The accused would, during coitus, make threats on her life. ²

The defense consisted, in main, on what it expressed to be an "impossibility" of rape being committed in a room just above a busy restaurant near a hospital, a tennis/basketball court, a public faucet and the Department of Social Welfare and Development ("DSWD") Office.chanroblesvirtualawlibrarychanrobles virtual law library

The trial court was not impressed by the defense put up against what it felt was a strong case presented by the prosecution. The court held:

WHEREFORE, finding accused SALVADOR BULAYBULAY guilty beyond reasonable doubt of the crime of RAPE, he is hereby sentenced to suffer the penalty of reclusion perpetua. He is entitled in full for the period of his detention. Costs against the accused. ³chanrobles virtual law library

From the judgment, accused-appellant filed the instant appeal ascribing to the trial court grave error in concluding that rape was committed.chanroblesvirtualawlibrarychanrobles virtual law library

We are constrained to sustain the conviction.chanroblesvirtualawlibrarychanrobles virtual law library

A person can be guilty of rape by having sexual intercourse with a female who is mentally incapable of validly giving consent to or opposing the carnal act. If the mental age of a woman above twelve years is that of a child below twelve years, even if she voluntarily submits herself to the bestial desires of the accused, or even if the circumstances of force or intimidation, or of the victim being deprived of reason or otherwise rendered unconscious, are absent, the accused would still be liable for rape. The rationale for the rule is simply that if sexual intercourse with a victim under twelve years of age is rape, ⁴ it must thereby follow that carnal knowledge of a woman whose mental age is that of a child below twelve years should likewise be constitutive of rape. ⁵ In one or the other, all that is essential would merely be to establish the fact of carnal knowledge; it is obvious that the personal circumstances of the woman would be known to the man with whom he does the act of intimacy.chanroblesvirtualawlibrarychanrobles virtual law library

The sexual act has been sufficiently shown in the case at bench. Here is how the private complainant testified:

Q Do you know a person by the name of Bador?chanrobles virtual law library

A Yes, sir. (witness is pointing to the person in the courtroom who when asked answered that his name is Salvador Bulaybulay).chanroblesvirtualawlibrarychanrobles virtual law library

Q How did you come to know Salvador Bulaybulay?chanrobles virtual law library

A He knows me and I also know him.chanroblesvirtualawlibrarychanrobles virtual law library

PROSECUTOR BADELLES:chanrobles virtual law library

Q Where did you come to know Salvador Bulaybulay?chanrobles virtual law library

A In our house, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now on the first occasion that you met Salvador Bulaybulay, did he tell you anything?chanrobles virtual law library

A He looked for me in our house, sir?chanrobles virtual law library

Q Did you know why he was looking for you in your house?chanrobles virtual law library

A He was looking for me because (witness is showing by sign language pointing her middle right finger toward her left palm).

xxx xxx xxx

PROSECUTOR BADELLES:chanrobles virtual law library

Q When Salvador Bulaybulay came to your house and according to you he wanted to do like that to you, what did Salvador tell you?chanrobles virtual law library

A (Witness answered by pointing her finger toward the middle of her left palm)chanrobles virtual law library

Q After which what did Bador do to you?chanrobles virtual law library

A (Witness pointing her right finger at the middle of her left palm)chanrobles virtual law library

Q Was he able to do that thing to you?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q How?chanrobles virtual law library

A (Witness doing the same by pointing her middle finger to the middle of her left palm)chanrobles virtual law library

Q What did he say when he did that to you?chanrobles virtual law library

A He is going to kill me.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now what were you feeling at that time when Bador had the first occasion in doing that to you?chanrobles virtual law library

A Blood came out, sir.chanroblesvirtualawlibrarychanrobles virtual law library

PROSECUTOR BADELLES:chanrobles virtual law library

Q You said that blood came out from where that blood came out?chanrobles virtual law library

A From my vagina, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said that blood came out from your vagina, what was the caused of that blood that came out from your vagina?chanrobles virtual law library

A Because Bador did this to me. (witness is demonstrating with her middle right finger toward the middle of her left palm several times.)chanrobles virtual law library

Q You said that blood came out of your vagina because Bador did like that to you, what did Bador use in doing that to you?chanrobles virtual law library

A Blood came out.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now you said that blood came out from your vagina because Bador did something to you, did he do it in your vagina?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now, what did he use when he do like that at your vagina?chanrobles virtual law library

A "Pitoy" penis.chanroblesvirtualawlibrarychanrobles virtual law library

Q You said that he used his penis or pitoy in doing like that to your vagina, was the pitoy able to penetrate your vagina?chanrobles virtual law library

A Yes, sir, it entered.chanroblesvirtualawlibrarychanrobles virtual law library

Q How many times did Bador do this thing or inserting his penis into your vagina?chanrobles virtual law library

A Every day, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q The first time that he used his pitoy or penis in penetrating into your vagina, what time of the day was that, was it morning or afternoon or evening?chanrobles virtual law library

A It was in the afternoon, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Who was your companion in the house at that time?chanrobles virtual law library

A Honey and Apple, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q Now after Bador inserted his penis in penetrating your vagina, what happened to your body?chanrobles virtual law library

A Blood came out, sir.chanroblesvirtualawlibrarychanrobles virtual law library

PROSECUTOR BADELLES:chanrobles virtual law library

Q And then was there an effect of that constant sexual contact with Bador with you into Physiological condition?chanrobles virtual law library

A (Witness showing in sign language that her stomach became pregnant)chanrobles virtual law library

Q What happened with your fetus that you said you carried with you?chanrobles virtual law library

A I gave birth, sir. ⁶

On cross-examination, she elaborated:

Q When the accused approached you, Honey and Apple were present?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

ATTY. CABASAN:chanrobles virtual law library

Q Aside from Honey and Apple there were other persons in the house?chanrobles virtual law library

A No more, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And that happened at the second floor?chanrobles virtual law library

A Upstair the bedroom.chanroblesvirtualawlibrarychanrobles virtual law library

Q And while Bador approached you, Honey and Apple were there?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q This Bador approached you every day, did I get you right?chanrobles virtual law library

A Yes, sir, every day.

xxx xxx xxx

Q Now when Bador does the thing which you said he did it to you, did Honey and Apple awake?chanrobles virtual law library

A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library

Q And they saw what you were doing?chanrobles virtual law library

A Yes sir, he removed Honey from the room and brought me from the bedroom and he closed the door. ⁷

The narration of the complainant appears to be as natural and straightforward as can be considering her mental state. Well-settled is the rule that the lone testimony of the victim in the crime of rape, if credible, is enough to sustain a conviction. Indeed, by the very nature of the offense the only evidence that oftentimes can be relied upon is the victim's own declaration. ⁸

Accused-appellant believes that it would be highly improbable for rape to occur in places where people are expected to congregate. Unfortunately, however, rape has been known to be perpetrated even in the most unlikely places, like parks, roadsides, school premises and the like. ⁹According to private complainant, moreover, the accused-appellant's repeated acts against her chastity were committed inside a bedroom away from the prying eyes of the public.chanroblesvirtualawlibrarychanrobles virtual law library

The complainant has not been shown to have had any improper motive to incriminate accused-appellant. ¹⁰ His suspicion that private complainant's guardian, Ma. Theresa Tuburan, and the latter's husband were interested in accused-appellant's position at the Kolambugan District Hospital is an unsubstantiated assertion. His other claim that private complainant's boyfriend, a prisoner, was the real culprit is at best conjectural. Most importantly, the credibility of witnesses is a matter that is best addressed by a trial court and, except in cases where clearly critical evidence on record has been unduly discarded, an appellate court should rightly defer to the findings of the court
a quo.chanroblesvirtualawlibrarychanrobles virtual law library

All given, there is no way that we can fault the trial court except only insofar as it has failed to properly award moral damages to the victim.chanroblesvirtualawlibrarychanrobles virtual law library

WHEREFORE, the judgment of the trial court, dated 14 October 1991, finding accused-appellant SALVADOR BULAYBULAY guilty beyond reasonable doubt of the crime of rape is AFFIRMED. The victim, furthermore, is hereby awarded moral damages in the amount of P50,000.00 considering her condition of being a mental retardate. ¹¹

SO ORDERED.

Feliciano, Romero and Melo, JJ., concur.

Endnotes:

1 Rollo, p. 3.chanrobles virtual law library

2 TSN, 06 December 1990, pp. 3, 6-10.chanrobles virtual law library

3 Rollo, p. 20.chanrobles virtual law library

4 Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

1. By using force or intimidation;

2. When the woman is deprived of reason or otherwise unconscious; and

3. When the woman is under twelve years of age, eventhough neither of the circumstances mentioned in the two next preceding paragraphs shall be present.chanrobles virtual law library

The crime of rape shall be punished by reclusion perpetua.chanrobles virtual law library

Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.chanrobles virtual law library

When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.chanrobles virtual law library

When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be likewise death.chanrobles virtual law library

When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death. (Revised Penal Code)

5 People vs. Antonio, 233 SCRA 283.chanrobles virtual law library

6 TSN, 06 December 1990, pp. 2-5.chanrobles virtual law library

7 TSN, 06 December 1990, pp. 6-7, 10.chanrobles virtual law library

8 People vs. Antonio, 233 SCRA 283.chanrobles virtual law library

9 People vs. Guibao, 217 SCRA 64.chanrobles virtual law library

10 People vs. Dabon, ibid.chanrobles virtual law library

11 People vs. Antonio, ibid.