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THIRD DIVISION
G.R. No. 98428 September 18, 1995
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. PEDRO LAROA, Accused-Appellant.
VITUG, J.:
In this appeal, accused-appellant Pedro Laroa questions the decision of the Regional Trial Court, Branch 1, of Tagum, Davao, finding him guilty of the crime of rape and sentencing him to reclusion perpetua under an Information that read:
The undersigned upon complaint filed by the offended party accuses PEDRO LAROA of the crime of Rape under Article 335, par. 3 of the Revised Penal Code, committed as follows:chanrobles virtual law library
That on or about May 3, 1990, in the Municipality of Kapalong, Province of Davao, Philippines, and within the jurisdiction of this Honorable Court, the abovenamed accused, did then and there wilfully, unlawfully and feloniously have carnal knowledge of Marites Balongga, a seven (7) years old child. 1chanrobles virtual law library
When arraigned, the accused entered a "not guilty" plea.chanroblesvirtualawlibrarychanrobles virtual law library
The young victim, Marites Balongga, is one of five children of the spouses Pablo and Nenita Balongga of Gabuyan, Kapalong, Davao. In the evening of 03 May 1990, Nenita and the children spent the night at the house of her mother Teodora de la Cruz. Nenita stayed with four of her children, Marites included, at the sala while the fifth child slept with the grandmother, Teodora, and Nenita's younger sister, Filomena de la Cruz, in the only other room of the house. Nenita slept with the wall to her left and the children on her right. A little farther to the right on another mat, so distanced as to allow passage in between mats, were Pedro Laroa and Nenita's nephews Vito Elintorio and Fernando Suganob. Accused Pedro Laroa, a "boyfriend" or fiancé of Filomena, lived in the same house since 1987.chanroblesvirtualawlibrarychanrobles virtual law library
The discord between the evidence given by the prosecution and that presented by the defense starts on the events that unfolded during the early hours of the following morning of 04 May 1990.chanroblesvirtualawlibrarychanrobles virtual law library
According to the prosecution, Laroa carried Marites over to his side of the mat. He covered her mouth, almost choking her, removed her panty, and thereupon sexually abused her. When Nenita Balongga was awakened moments later by the cries of her youngest child, Pablo, she noticed the absence of Marites. She lighted a wicker lamp and saw Marites lying beside Laroa. Reaching for her, she saw Marites lying flat on her back, apparently unconscious, with her two legs spread wide apart without her panty on. She felt the presence of sticky fluid and blood on the child. Hurriedly, she took her daughter away from Laroa's side.chanroblesvirtualawlibrarychanrobles virtual law library
At around six o'clock that same morning, Marites was brought by Nenita to the Barangay Captain and then to the Rural Health Clinic for examination. The findings of Dr. Eugenia Solis-Hingpit, contained in the corresponding medical certificate, would indicate that Marites had sustained -
Circular abrasion around the vaginal canal extending to labia minora of both sides and clitories introitis admits one finger with pain.chanroblesvirtualawlibrarychanrobles virtual law library
Laceration about 0.3 length with scanty, fresh blood at about 6 o'clock of posterior cervix. 2
The following day, Marites was brought to the Kapalong District Hospital due to her difficulty in urinating. Dr. Ma. Suzette Ramos found her to be suffering from Urethritis or inflammation of the urethra (located above the vaginal canal) caused by trauma.
On 06 May 1990, when Marites appeared to have somehow gotten over the shock, Dr. Ramos inquired why she found it painful to urinate. She replied that it was because her "vagina was abused."chanrobles virtual law library
After the prosecution had rested its case and before taking the witness stand himself, the accused presented Teresita Alejandria, Ruben Elintorio, and Filomena de la Cruz.chanroblesvirtualawlibrarychanrobles virtual law library
Teresita Alejandria, an old friend of the accused, testified that on 03 May 1990 she stayed overnight at the house of Rufina Javier, an acquaintance, about seven steps away from the house of "Nang Doray" (Teodora de la Cruz). She was suffering at the time from "LBM" (loose bowel movement) that constrained her to make frequent visits to the comfort room which was located about three meters away from the house of "Nang Doray." She remembered having gone to the comfort room around four times that night. During those visits, she had observed that the de la Cruz house was lighted by a lamp hanging inside the house. She could not recall having heard any voice, let alone cries for help, coming from the house. 3
Ruben Elintorio, a cousin of Marites, said that in the evening of 03 May 1990, he slept in between Fernando Suganob and Pedro Laroa and he witnessed no unusual incident taking place during the night. The following morning, he said, Marites was even up and about. 4
Filomena de la Cruz, testified that just as night fell on 03 May 1990, Nenita and her five children slept on one side of their sala while Pedro Laroa and her two nephews took the other side. She heard no calls for help or witnessed anything unusual during the night until the next morning when she heard her sister Nenita shouting and telling Laroa of having raped Marites. Filomena confronted Laroa on it but the latter denied having done anything wrong. She expressed her suspicion that Nenita must have filed the case against Laroa in order to stop him from marrying her (Filomena). 5 She said that Laroa started courting her in 1987 and accepted his "offer of love" on 20 January 1990. 6
The accused admitted that he, along with Nenita and her children, stayed in the house of Filomena on the night of 03 May 1990. He slept with Armando on his right and Jovito on his left. The place was lighted by a lamp. He denied having even touched Marites. 7 He believed that the only reason behind Nenita's accusation was to prevent him from marrying Filomena. 8
The trial court, on 13 December 1990, rendered its decision, finding the accused guilty of rape and sentencing him accordingly thus:
WHEREFORE, premises considered, the guilt of PEDRO LAROA having proven beyond reasonable doubt pursuant to Article 335, paragraph 3, of the Revised Penal Code, he is hereby sentenced to a penalty of Reclusion Perpetua.chanroblesvirtualawlibrarychanrobles virtual law library
SO ORDERED.
In appealing the judgment, accused-appellant asseverates that the trial court has erred -
1) in giving weight and credence to the doubtful and contradictory testimonies of complainant Marites Balongga and her mother Nenita Balongga;chanrobles virtual law library
2) in convicting the accused of the crime charged; andchanrobles virtual law library
3) in not acquitting the accused on the ground of reasonable doubt.
We are constrained to sustain the conviction.chanroblesvirtualawlibrarychanrobles virtual law library
Marites was unequivocal in stating that she was raped, and that it was accused-appellant, Pedro Laroa, who abused her. Her testimony was straightforward:
Q Marites, do you have a father?chanrobles virtual law library
A Yes, I have.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you still have a mother?chanrobles virtual law library
A Yes, I have.chanroblesvirtualawlibrarychanrobles virtual law library
Q How many brothers and sisters do you have?chanrobles virtual law library
A We are five (5).chanroblesvirtualawlibrarychanrobles virtual law library
Q Name them please?chanrobles virtual law library
A Luisito, I myself, Aurora, Nilo and Junior.chanroblesvirtualawlibrarychanrobles virtual law library
Q You said that you go to school. What school is that, if you know?chanrobles virtual law library
A I don't know.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you remember that on May 3, 1990, together with your mother and your brothers, you were sleeping in the house of your lola?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q What about your father, where was he?chanrobles virtual law library
A He was at home.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you remember what happened to you on that particular evening, particularly dawn on May 4, 1990?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q What happened to you?chanrobles virtual law library
A I was raped.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who raped you, if you know?chanrobles virtual law library
A Pedro Laroa.chanroblesvirtualawlibrarychanrobles virtual law library
Q If this Pedro Laroa is in court, please point to him?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Please point to him.chanroblesvirtualawlibrarychanrobles virtual law library
A (Witness pointed to a man inside the courtroom, who, when asked his name, answered Pedro Laroa.)chanrobles virtual law library
Q You said that you were raped. How did you know that you were raped?chanrobles virtual law library
A Because I was awakened.chanroblesvirtualawlibrarychanrobles virtual law library
Q Why did you not shout?chanrobles virtual law library
A Because he tried to cover my mouth and at the same time choked me.chanroblesvirtualawlibrarychanrobles virtual law library
Q And what happened to you when your mouth was covered and your neck was choked?chanrobles virtual law library
A He removed my panty and also he removed his brief.chanroblesvirtualawlibrarychanrobles virtual law library
Q Before this incident of raping you, you slept beside your mother?chanrobles virtual law library
A No.chanroblesvirtualawlibrarychanrobles virtual law library
Q Where were you sleeping or who was sleeping beside you before you were raped?chanrobles virtual law library
A My elder brother.chanroblesvirtualawlibrarychanrobles virtual law library
Q What is the name of your elder brother?chanrobles virtual law library
A Luisito Balongga.chanroblesvirtualawlibrarychanrobles virtual law library
Q Can you tell us why you were beside Pedro Laroa since according to you you were sleeping with your elder brother?chanrobles virtual law library
A Because he carried me.chanroblesvirtualawlibrarychanrobles virtual law library
Q Who carried you?chanrobles virtual law library
A Pedro Laroa.chanroblesvirtualawlibrarychanrobles virtual law library
Q When your panty was removed and the brief of Pedro Laroa was also removed, what else happened?chanrobles virtual law library
A He had a sexual intercourse with me. 9
When a victim says she has been raped, almost always she says all that has to be said. 10 Marites may not have related in great detail the sexual abuse against her person but what she has lacked in specificity is more than made up by the substance of her testimony. A court would often have marked receptivity to the testimony of a naiveté whose simple answers to questions on the witness stand can well exude candor and sincerity. 11 Her responses even on cross-examination reveal to us her spontaneity, and an unrehearsed testimony, thus:
Q Marites, you told this court that you slept in the house of your lola on May 3, 1990.chanroblesvirtualawlibrarychanrobles virtual law library
Can you tell us why you were there sleeping that night?chanrobles virtual law library
A Because my mother harvested rice that time.chanroblesvirtualawlibrarychanrobles virtual law library
Q Do you know who was that rice your mother was harvesting?chanrobles virtual law library
A That is owned by Berto.chanroblesvirtualawlibrarychanrobles virtual law library
Q Now, you said Pedro Laroa carried you to the place where he was sleeping.chanroblesvirtualawlibrarychanrobles virtual law library
How do you know it was Pedro Laroa who carried you? Was there a light at that time?chanrobles virtual law library
A There was no light. Because I was awakened.chanroblesvirtualawlibrarychanrobles virtual law library
Q And when you were awakened, the sala was dark, is it not?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And when you felt somebody was carrying you, did you not shout for help?chanrobles virtual law library
A Because I was asleep.chanroblesvirtualawlibrarychanrobles virtual law library
Q Is it not a while ago you were awakened when you were lifted from the place where you were sleeping?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And when you felt somebody is carrying you, you did not shout for your mother to help you?chanrobles virtual law library
A No.chanroblesvirtualawlibrarychanrobles virtual law library
Q Not even for your grandmother to help you?chanrobles virtual law library
A No.chanroblesvirtualawlibrarychanrobles virtual law library
Q You did not also ask help from your auntie Filomena?chanrobles virtual law library
A No.chanroblesvirtualawlibrarychanrobles virtual law library
Q Not even from your cousins Vito and Fernando?chanrobles virtual law library
A No.chanroblesvirtualawlibrarychanrobles virtual law library
Q Now, when you were carried from the place where you were asleep, where were you brought?chanrobles virtual law library
A At his place.chanroblesvirtualawlibrarychanrobles virtual law library
Q Whose place?chanrobles virtual law library
A At Pedro Laroa's place.chanroblesvirtualawlibrarychanrobles virtual law library
Q And what did Pedro Laroa do after bringing you to the place where he was sleeping?chanrobles virtual law library
A Immediately thereafter, he removed my panty.chanroblesvirtualawlibrarychanrobles virtual law library
Q Tell us first how were you able to identify it was Pedro Laroa who carried you when the night was dark?chanrobles virtual law library
PROSECUTOR MACADANGDANG:chanrobles virtual law library
Already answered, Your Honor.chanroblesvirtualawlibrarychanrobles virtual law library
ATTY. MARANIAN:chanrobles virtual law library
There was no answer.chanroblesvirtualawlibrarychanrobles virtual law library
COURT:chanrobles virtual law library
There was no answer.chanroblesvirtualawlibrarychanrobles virtual law library
(To the Actg. Interpreter)chanrobles virtual law library
Translate.chanroblesvirtualawlibrarychanrobles virtual law library
WITNESS:chanrobles virtual law library
A Because I recognized his shirt.chanroblesvirtualawlibrarychanrobles virtual law library
ATTY. MARANIAN:chanrobles virtual law library
Q Can you tell us how were you able to recognize his shirt?chanrobles virtual law library
A He was wearing white shirt that time.chanroblesvirtualawlibrarychanrobles virtual law library
Q And you were able to see that white shirt that time, at the time you were carried to his place?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q In short, the sala of your lola was not dark because you were able to see the white shirt of Pedro Laroa?chanrobles virtual law library
A There was a little brightness.chanroblesvirtualawlibrarychanrobles virtual law library
Q That little brightness came from the kerosene lamp inside the house of your lola, is that correct?chanrobles virtual law library
Q Also in the sala of your lola, there was kerosene lamp that night, is that correct?chanrobles virtual law library
A None. 12
Accused-appellant argues that the statement of Marites of having been raped seven times is incredible. He forgets that the victim is only a girl of tender age. What she has termed "seven times of rape" may have actually been seven thrusts or attempts to enter her. Neither deep penetration of, nor the presence of spermatozoa in, the victim's vagina is essential in a crime of rape. 13
Accused-appellant seeks to discredit the testimony of Nenita Balongga, the victim's mother, for being allegedly contradictory, improbable and circumstantially dubious. We have closely studied her testimony - basically to the effect that when she was awakened by the cries of her youngest child, Pablo, Marites was no longer at her own place of the mat but was beside appellant lying flat on her back without her underwear and with a sticky substance and blood on her genitals - and we are morally convinced that they could not have simply been made up by her. It would be anomalous to think that a mother would stamp her child with the stigma that follows a rape and unnecessarily subject her to humiliation, embarrassment and public curiosity. 14
The medical findings of two physicians, Dr. Eugenia Hingpit and Dr. Ma. Suzette Ramos, are incontrovertible. Dr. Hingpit diagnosed a swelling of the labia minora with laceration of the posterior portion and "clitoris introitis admits one finger with pain; laceration about 0.3 length with scanty fresh blood at about 6 o'clock of posterior cervix," and a circular abrasion around the vaginal canal caused by friction. Dr. Ma. Suzette Ramos, who examined her on 05 May 1990, testified in this wise:
Q There is here below item number 4 on the right sidechanrobles virtual law library
Will you read this, Doctor?chanrobles virtual law library
A That is genetu urinary tract; no internal examination done because patient is uncooperative.chanroblesvirtualawlibrarychanrobles virtual law library
Q You mentioned in your direct examination, Doctor, you mentioned of an object above the vagina.chanroblesvirtualawlibrarychanrobles virtual law library
Is that ureta?chanrobles virtual law library
A Urethra.chanroblesvirtualawlibrarychanrobles virtual law library
Q And that is the object you wanted to examine?chanrobles virtual law library
A No. Actually, you cannot examine the urethra because it has a very small opening.chanroblesvirtualawlibrarychanrobles virtual law library
COURT:chanrobles virtual law library
(To the witness)chanrobles virtual law library
Q Is that where the urine passes?chanrobles virtual law library
A Yes. It connects the opening where the urine comes out and the bladder.chanroblesvirtualawlibrarychanrobles virtual law library
ATTY. MARANIAN:chanrobles virtual law library
Q And that is the thing inflamed?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q And you testified in court there could be three causes for inflammation of urethra?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q One is infection, next is bacteria, next is trauma?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q The fact, Doctor, is you are not certain because you have not conducted an internal examination what really caused inflammation of the urethra of that patient?chanrobles virtual law library
A It could be trauma because the patient has no fever at that time, because if it is infection, the patient could have fever.chanroblesvirtualawlibrarychanrobles virtual law library
Q How about if that is cause by bacteria?chanrobles virtual law library
A That patient still will have fever.chanroblesvirtualawlibrarychanrobles virtual law library
Q And were you not surprised why the patient is very apprehensive?chanrobles virtual law library
A Because the patient complained of pain of the vagina.chanroblesvirtualawlibrarychanrobles virtual law library
Q And in that, Doctor, have you not interviewed your patient what might have caused the inflammation of the urethra?chanrobles virtual law library
A As claimed by the mother of the patient, because I interviewed the mother, this inability to urinate was noted a day before when the patient was allegedly raped.chanroblesvirtualawlibrarychanrobles virtual law library
Q But you noted, Doctor, your patient can talk very, very well?chanrobles virtual law library
A Yes, sir.chanroblesvirtualawlibrarychanrobles virtual law library
Q Did it not come to your mind to re-check the alleged claim of the mother that she was raped?chanrobles virtual law library
A Because the patient was crying, so I cannot rely on the patient.chanroblesvirtualawlibrarychanrobles virtual law library
Q After 15 minutes, Doctor, you said she cooperated with you, that is why you were able to find inflammation of the urethra while conducting an external examination.chanroblesvirtualawlibrarychanrobles virtual law library
Did you not try to persuade your patient to tell you the cause?chanrobles virtual law library
A The patient consented to be examined but still crying.chanroblesvirtualawlibrarychanrobles virtual law library
Q But the fact is while conducting the examination, you never asked her question about what caused the inflammation of the urethra?chanrobles virtual law library
A I asked her the following day wherein the patient is already somewhat at home in the hospital. I asked her: "Why is it painful to urinate?" "When did it happen?" So, she told me "Yesterday". "Why?" "Because my vagina was abused." 15
Accused-appellant suggests that the friction which caused the swelling of the victim's perineum might have been caused by another object, such as a finger and not necessarily by a male organ, considering Dr. Hingpit's own testimony to this effect:
Atty. Maranian:chanrobles virtual law library
Q But is it possible, Doctor, that the injury on the genitalia of the child was not caused by a penis?chanrobles virtual law library
A Yes, Sir. 16
We note, however, that Dr. Hingpit has made the remark only in response to a follow-up question and answer, to wit:
Q Is it possible, Doctor, that the injury on the genitalia of the child was caused by a finger which was introduced into the genitalia, the size of which is no bigger than the size of your finger?chanrobles virtual law library
A No, Sir. 17
In any case, the assigned errors focus mainly on the trial court's appreciation of the evidence consisting of the testimonies of witnesses for both the prosecution and the defense. The Court respects the rule that an appellate tribunal should defer to the findings of a trial court on the credibility of witnesses unless it is clear that the latter has plainly overlooked facts of substance and value that, if considered; might affect the results of the case. 18 We have examined with care the records, and we see more than enough to support the findings of the trial court.chanroblesvirtualawlibrarychanrobles virtual law library
We observe that the trial court did not award moral damages. Under prevailing jurisprudence, the accused in rape cases is required to indemnify the offended party P30,000.00 for moral damages. In statutory rape cases and forcible abduction with rape, as well as the rape of a young girl with age ranging from 13 to 19, the rape of a mental retardate, the rape of a wife in front of her husband, and other instances of like gravity, the award of moral damages is increased to P50,000.00.chanroblesvirtualawlibrarychanrobles virtual law library
WHEREFORE, the decision of the trial court finding accused-appellant guilty is hereby affirmed, and he is further ordered to indemnify the victim the amount of P50,000.00 by way of moral damages. Costs against appellant.chanrobles virtual law library
SO ORDERED.
Romero and Melo, JJ., concur.chanrobles virtual law library
Feliciano, J., is on leave.
Endnotes:
1 Rollo, p. 5.chanrobles virtual law library
2 Exhibit "A."
3 TSN, 04 December 1990, pp. 5-11.chanrobles virtual law library
4 TSN, 04 December 1990, pp. 24-28.chanrobles virtual law library
5 TSN, 04 December 1990, pp. 32-40.chanrobles virtual law library
6 TSN, 04 December 1990, pp. 41-42.chanrobles virtual law library
7 TSN, 04 December 1990, pp. 66-70.chanrobles virtual law library
8 TSN, December 4, 1990, pp. 57-65.chanrobles virtual law library
9 TSN, 13 September 1990, pp. 32-35.chanrobles virtual law library
10 People vs. Rabanes, 208 SCRA 768; People vs. Matrimonio, 215 SCRA 613; People vs. Biendo, 216 SCRA 626; People vs. Pamor, 237 SCRA 462; People vs. Joya, 227 SCRA 9.chanrobles virtual law library
11 People vs. Guibao, 217 SCRA 64.chanrobles virtual law library
12 TSN, 13 September 1990, pp. 35-39.chanrobles virtual law library
13 People vs. Barro, Jr., 188 SCRA 284; People vs. Salazar, 93 SCRA 796; People vs. Magallanes, 218 SCRA 109.chanrobles virtual law library
14 People vs. Rio, 201 SCRA 702; People vs. Ignacio, 233 SCRA 1.chanrobles virtual law library
15 TSN, 06 November 1990, pp. 16-20.chanrobles virtual law library
16 TSN, 17 September 1990, p. 20.chanrobles virtual law library
17 TSN, 17 September 1990, p. 20.chanrobles virtual law library
18 People vs. Rivera, G.R. No. 87187, 29 June 1995; People vs. Dado, G.R.
No. 87775, 01 June 1995; People vs. Malagar, 238 SCRA 512.
