July 2010 - Philippine Supreme Court Resolutions
Philippine Supreme Court Resolutions
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[G.R. No. 176741 : July 02, 2010] PEOPLE OF THE PHILIPPINES V. ERNESTO E. SAUL:
[G.R. No. 176741 : July 02, 2010]
PEOPLE OF THE PHILIPPINES V. ERNESTO E. SAUL
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 02 July 2010, which reads as follows:
G.R. No. 176741* (People of the Philippines v. Ernesto E. Saul).
This case is about denial and alibi as defenses against two counts of rape involving a 12-year-oJd girl and her uncle.
The Provincial Prosecutor of Rizal charged the accused-appellant Ernesto E. Saul (Saul) of two counts of rape of a minor before the Regional Trial Court (RTC) of Morong, Rizal, in Criminal Cases 3360-M and 3361-M.
At the trial, MJB[1] testified that she was 12 years old at the time subject of her complaint and lived with her parents. She had an uncle, Saul, whose wife was the sister of MJB's father.[2] They were neighbors.
On March 24, 1998, at around 3:00 p.m., Saul parked his jeepney near Sampaloc Elementary School in Tanay, Rizal, and waited for MJB to come out. On seeing her, Saul told MJB to take the front seat next to him.[3] He then kissed her and fondled her breasts as well as her private part. Saul next ordered MJB to lie down. He removed her parity, put out his penis, and ravished her. MJB cried, "Aray!" She pleaded with him to stop. Afterwards, Saul threatened to kill her if she should tell anyone what he did.[4]
In the afternoon of March 29, 1998, Saul asked MJB and her young nephews. John Edmund (9 years old) and Jayson (10 years old), to go with him to buy sand.[5] Saul whispered to MJB that something bad will happen to her nephews if she did not go with him. MJB boarded Saul's jeepney, taking the front seat.[6] On their way home, they stopped near James' Store. Saul told Jayson and John Edmund to buy candies at Cabagsang Store.[7] When they were gone, Saul started kissing MJB, touching her breasts and private part. Saul removed MJB's pants and panty and ravished her a second time. MJB cried due to pain but she was too afraid to fight back.
When Jason and John Edmund returned to the jeepney, Saul immediately stood up, covered MJB with his jacket since her pants and panty were still down. MJB did not tell her parents what Saul did to her out of fear of him. After a month, however, she told Marilyn Redubla and her other friend about the incident.[8] MJB said that, because the jeepney's front seats had doors that closed, no one looking in from the outside could see what was going on in the vehicle.[9]
Marilyn Redubla testified that on hearing her friend's story, she immediately told MJB's brother, Jonathan, about it.[10] John Edmund Guda, MJB's nephew, corroborated her story about the time when they accompanied Saul to buy sand.[11] Saul told him and Jason to buy candies at Cabagsang Store.[12] After buying candies, they were told to go back and get the car battery. After returning from the store, John Edmund and the other boy saw MJB crying as she sat 011 the jeepney's front seat.[13] Dr. Winston Tan of the Philippine National Police Crime Laboratory examined MJB and found her to have suffered from a shallow healed laceration on her hymen.[14] Dr. Tan said this jived with MJB's claim that she had been raped on March 24 and 29, 1998.[15]
In his defense, Saul denied having raped MJB. He claimed that on March 24, 1998 he was in the mountains of Tanay, Rizal, transporting passengers on his jeepney.[16] At around 3:00 p.m., MJB and her sister rode his jeepney and alighted at Sitio May-agay. Saul did not see MJB again that afternoon. [17]
On March 29, 1999 Saul plied his regular route, ferrying passengers around Tanay, Rizal. He did not park his jeepney nor stop it anywhere near Cabagsang Store on that day.[18] He claimed that a certain Dr. Asansa instigated MJB and her parents to file the rape charges against him because she was interested in acquiring his lot. Saul refused to sell a portion of it to Dr. Asansa. Saul insisted that it was impossible for him to rape MJB in the narrow space of the jeepney's front seat.[19]
Saul's wife, Marina, testified that on. March 24, 1998 she saw MJB ride their jeepney to school.[20] Dr. Asansa, the owner of the school where their adopted son went, induced MJB and her parents to file the case against Saul. Saul and Marina were not in good terms with Dr. Asansa. Saul also had a misunderstanding with MJB's parents.[21]
Christopher Padios, MJB's classmate, testified for the defense.[22] He said that he patronized Saul's jeepney as his school service. On the afternoon of March 24, 1998, Christopher was in school practicing for graduation. He did not see MJB there that afternoon. At around 4:30 p.m., Saul parked his jeepney before a pawnshop quite far from the school waiting for his student passengers.[23] MJB did not ride the jeepney that afternoon.[24] Elena Padios, Christopher's mother, who accompanied her son, corroborated his story.[25] On her way home, she saw Saul at the pawnshop waiting for student passengers.[26] Severo Valdez, MJB's Grade 6 teacher at Sampaloc Elementary School, testified that based on the school's register (Form I), MJB was absent from school on March 24, 2008.[27]
Danilo Cabagsang, a store owner, testified that John Edmund and his cousin did not go to his store on March 29, 1998 to get Saul's battery because he was not yet offering battery re-charging at that time.[28] He got his battery charger only on May 16, 1998 as evidenced by the sales invoice covering it.[29] But Danilo misplaced the original of the receipt.[30]
On July 11, 2002 the RTC found Saul guilty beyond reasonable of two counts of simple rape in view of the prosecution's failure to allege in the information the qualifying circumstance of Saul's relationship to MJB. The RTC sentenced Saul to suffer the penalty of reclusion perpetua for each count of rape and ordered him to pay MJB P50,000.00 in civil indemnity and P50,000.00 in moral damages, the same awards for each count of rape.
On review in CA-G.R. CR-HC 01154, the Court of Appeals (CA) affirmed the RTC's judgments of conviction in the two cases.[31]
The core issue in these cases is whether or not the CA erred, like the RTC, in finding sufficient evidence, that Saul raped MJB, using force and intimidation, on the two occasions that she mentioned.
Saul claims that he could not have raped MJB on March 24 and 29, 1998 because he had been driving his passenger jeepney on the mountains of Tanay, Rizal, on those days. Further, he insists that it would have been impossible for anyone to commit rape within the narrow confines of his jeepney's front seat.
But Saul's denial and alibi could not possibly dent MJB's categorical and positive testimony that he raped her on the two occasions she mentioned.[32] As a young girl of 12, she could not possibly have any ill motive for inventing a story about her having been raped�and by her own uncle. What is more the trial court, which had the benefit of hearing the testimonies from both sides face to lace, was inclined to give credence to MJB's testimony.[33]
The physical evidence of the laceration she suffered also corroborated MJB's testimony. And, although it would have been uncomfortable for Saul to have sex with MJB on the front seat of his passenger jeepney, that would not have been an impossible feat since he was driven by lust.[34] And the seat is sufficiently long for him to lay MJB on. That had been possible in at least one reported case.[35] It helped that the front seat was fitted with doors that concealed his crime from other people's eyes.
Since Saul drove his passenger jeepney around Tanay and admittedly picked up passengers at MJB's school, it would not have been a physical impossibility for him to be there or at Cabagsang's Store on the reported occasions.
Of course, Christopher and Elena Padios and a teacher's record of attendance shows that MJB did not attend class on March 24, 1998 and so Saul could not have raped her after she came out of school on that date. But, since it took more than, a month later for the rape to be reported, it was quite possible for MJB to have made a mistake as to the date of the first rape. The information said that it took place on or about March 24, 1998.
As for Cabagsang's testimony that, the two boys, John Edmund and his cousin, did not go to his store on March 29, 1998, such testimony is difficult to believe. The two boys bought candies on that occasion and there was nothing remarkable about what they did that could possibly have inspired Cabagsang to take a mental snapshot of who came to his store on that particular date.
WHEREFORE, the Court AFFIRMS the decision of the Court of Appeals in CA-G.R. CR-HC 01154 dated October 12, 2006, which in turn affirmed the Regional Trial Court's judgment of conviction against the accused Ernesto E. Saul for two counts of simple rape in Criminal Cases 3360-M and 3361-M.
SO ORDERED.
G.R. No. 176741* (People of the Philippines v. Ernesto E. Saul).
This case is about denial and alibi as defenses against two counts of rape involving a 12-year-oJd girl and her uncle.
The Facts and the Case
The Provincial Prosecutor of Rizal charged the accused-appellant Ernesto E. Saul (Saul) of two counts of rape of a minor before the Regional Trial Court (RTC) of Morong, Rizal, in Criminal Cases 3360-M and 3361-M.
At the trial, MJB[1] testified that she was 12 years old at the time subject of her complaint and lived with her parents. She had an uncle, Saul, whose wife was the sister of MJB's father.[2] They were neighbors.
On March 24, 1998, at around 3:00 p.m., Saul parked his jeepney near Sampaloc Elementary School in Tanay, Rizal, and waited for MJB to come out. On seeing her, Saul told MJB to take the front seat next to him.[3] He then kissed her and fondled her breasts as well as her private part. Saul next ordered MJB to lie down. He removed her parity, put out his penis, and ravished her. MJB cried, "Aray!" She pleaded with him to stop. Afterwards, Saul threatened to kill her if she should tell anyone what he did.[4]
In the afternoon of March 29, 1998, Saul asked MJB and her young nephews. John Edmund (9 years old) and Jayson (10 years old), to go with him to buy sand.[5] Saul whispered to MJB that something bad will happen to her nephews if she did not go with him. MJB boarded Saul's jeepney, taking the front seat.[6] On their way home, they stopped near James' Store. Saul told Jayson and John Edmund to buy candies at Cabagsang Store.[7] When they were gone, Saul started kissing MJB, touching her breasts and private part. Saul removed MJB's pants and panty and ravished her a second time. MJB cried due to pain but she was too afraid to fight back.
When Jason and John Edmund returned to the jeepney, Saul immediately stood up, covered MJB with his jacket since her pants and panty were still down. MJB did not tell her parents what Saul did to her out of fear of him. After a month, however, she told Marilyn Redubla and her other friend about the incident.[8] MJB said that, because the jeepney's front seats had doors that closed, no one looking in from the outside could see what was going on in the vehicle.[9]
Marilyn Redubla testified that on hearing her friend's story, she immediately told MJB's brother, Jonathan, about it.[10] John Edmund Guda, MJB's nephew, corroborated her story about the time when they accompanied Saul to buy sand.[11] Saul told him and Jason to buy candies at Cabagsang Store.[12] After buying candies, they were told to go back and get the car battery. After returning from the store, John Edmund and the other boy saw MJB crying as she sat 011 the jeepney's front seat.[13] Dr. Winston Tan of the Philippine National Police Crime Laboratory examined MJB and found her to have suffered from a shallow healed laceration on her hymen.[14] Dr. Tan said this jived with MJB's claim that she had been raped on March 24 and 29, 1998.[15]
In his defense, Saul denied having raped MJB. He claimed that on March 24, 1998 he was in the mountains of Tanay, Rizal, transporting passengers on his jeepney.[16] At around 3:00 p.m., MJB and her sister rode his jeepney and alighted at Sitio May-agay. Saul did not see MJB again that afternoon. [17]
On March 29, 1999 Saul plied his regular route, ferrying passengers around Tanay, Rizal. He did not park his jeepney nor stop it anywhere near Cabagsang Store on that day.[18] He claimed that a certain Dr. Asansa instigated MJB and her parents to file the rape charges against him because she was interested in acquiring his lot. Saul refused to sell a portion of it to Dr. Asansa. Saul insisted that it was impossible for him to rape MJB in the narrow space of the jeepney's front seat.[19]
Saul's wife, Marina, testified that on. March 24, 1998 she saw MJB ride their jeepney to school.[20] Dr. Asansa, the owner of the school where their adopted son went, induced MJB and her parents to file the case against Saul. Saul and Marina were not in good terms with Dr. Asansa. Saul also had a misunderstanding with MJB's parents.[21]
Christopher Padios, MJB's classmate, testified for the defense.[22] He said that he patronized Saul's jeepney as his school service. On the afternoon of March 24, 1998, Christopher was in school practicing for graduation. He did not see MJB there that afternoon. At around 4:30 p.m., Saul parked his jeepney before a pawnshop quite far from the school waiting for his student passengers.[23] MJB did not ride the jeepney that afternoon.[24] Elena Padios, Christopher's mother, who accompanied her son, corroborated his story.[25] On her way home, she saw Saul at the pawnshop waiting for student passengers.[26] Severo Valdez, MJB's Grade 6 teacher at Sampaloc Elementary School, testified that based on the school's register (Form I), MJB was absent from school on March 24, 2008.[27]
Danilo Cabagsang, a store owner, testified that John Edmund and his cousin did not go to his store on March 29, 1998 to get Saul's battery because he was not yet offering battery re-charging at that time.[28] He got his battery charger only on May 16, 1998 as evidenced by the sales invoice covering it.[29] But Danilo misplaced the original of the receipt.[30]
On July 11, 2002 the RTC found Saul guilty beyond reasonable of two counts of simple rape in view of the prosecution's failure to allege in the information the qualifying circumstance of Saul's relationship to MJB. The RTC sentenced Saul to suffer the penalty of reclusion perpetua for each count of rape and ordered him to pay MJB P50,000.00 in civil indemnity and P50,000.00 in moral damages, the same awards for each count of rape.
On review in CA-G.R. CR-HC 01154, the Court of Appeals (CA) affirmed the RTC's judgments of conviction in the two cases.[31]
The Issue Presented
The core issue in these cases is whether or not the CA erred, like the RTC, in finding sufficient evidence, that Saul raped MJB, using force and intimidation, on the two occasions that she mentioned.
The Court's Ruling
Saul claims that he could not have raped MJB on March 24 and 29, 1998 because he had been driving his passenger jeepney on the mountains of Tanay, Rizal, on those days. Further, he insists that it would have been impossible for anyone to commit rape within the narrow confines of his jeepney's front seat.
But Saul's denial and alibi could not possibly dent MJB's categorical and positive testimony that he raped her on the two occasions she mentioned.[32] As a young girl of 12, she could not possibly have any ill motive for inventing a story about her having been raped�and by her own uncle. What is more the trial court, which had the benefit of hearing the testimonies from both sides face to lace, was inclined to give credence to MJB's testimony.[33]
The physical evidence of the laceration she suffered also corroborated MJB's testimony. And, although it would have been uncomfortable for Saul to have sex with MJB on the front seat of his passenger jeepney, that would not have been an impossible feat since he was driven by lust.[34] And the seat is sufficiently long for him to lay MJB on. That had been possible in at least one reported case.[35] It helped that the front seat was fitted with doors that concealed his crime from other people's eyes.
Since Saul drove his passenger jeepney around Tanay and admittedly picked up passengers at MJB's school, it would not have been a physical impossibility for him to be there or at Cabagsang's Store on the reported occasions.
Of course, Christopher and Elena Padios and a teacher's record of attendance shows that MJB did not attend class on March 24, 1998 and so Saul could not have raped her after she came out of school on that date. But, since it took more than, a month later for the rape to be reported, it was quite possible for MJB to have made a mistake as to the date of the first rape. The information said that it took place on or about March 24, 1998.
As for Cabagsang's testimony that, the two boys, John Edmund and his cousin, did not go to his store on March 29, 1998, such testimony is difficult to believe. The two boys bought candies on that occasion and there was nothing remarkable about what they did that could possibly have inspired Cabagsang to take a mental snapshot of who came to his store on that particular date.
WHEREFORE, the Court AFFIRMS the decision of the Court of Appeals in CA-G.R. CR-HC 01154 dated October 12, 2006, which in turn affirmed the Regional Trial Court's judgment of conviction against the accused Ernesto E. Saul for two counts of simple rape in Criminal Cases 3360-M and 3361-M.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
* J. Mendoza, no part. J. Villarama, Jr., additional member, per raffle dated June 9, 2010.
[1] Consistent with the ruling in People v. Cabalquinto. G.R. No. 167693, September 19, 2006. 502 SCRA 419, the real name of the rape victim is withheld and, instead, fictitious initials are used to represent her.
[2] TSN, October 12, 1999, pp. 2-3.
[3] Id. at 3-4.
[4] Id. at 4.
[5] Id. at 6
[6] Id.
[7] Id. at 7.
[8] Id. at 9.
[9] TSN, October 26, 1999, p. 7.
[10] TSN, November 9, 1999, pp. 4-5.
[11] Id. at 7.
[12] Id. at 8.
[13] Id. at 9.
[14] TSN, November 16, 1999, pp. 3-4.
[15] Id. at 4.
[16] TSN, April 5, 2000, pp. 2-3.
[17] Id. at 3.
[18] Id. at 4.
[19] TSN, June 28, 2000, p. 4.
[20] TSN, January 11, 2000, p. 3.
[21] Id. at 4-5.
[22] TSN, November 23, 1999, p.2.
[23] Id. at 3.
[24] Id. at 4.
[25] TSN, February 1, 2000, p. 3.
[26] Id. at 5.
[27] TSN, March 13, 2001, p. 4.
[28] TSN, August 23, 2000, p. 3.
[29] Id. at 4-5.
[30] TSN, December 5, 2000, p. 5.
[31] Promulgated on October 12, 2006, penned by then Associate Justice Jose C. Mendoza (now a member of this Court) and concurred in by Associate Justices Elvi John S. Asuncion and Sesinando E. Villon.
[32] People v. Mateo, G.R. No. 179036, July 28, 2008, 560 SCRA 375, 390; People v. Espino, J., G.R. No. 176742, June 17, 2008, 554 SCRA 682, 697.
[33] People v. Remullo, 432 Phil. 642, 652 (2002).
[34] People v. Agbayani, 348 Phil. 341, 365 (1998).
[35] People v. Ison, G.R. No. 62806. May 5, 1989, 173 SCRA 118, 125.
