September 2010 - Philippine Supreme Court Resolutions
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[G.R. No. 189298 : September 15, 2010] PEOPLE OF THE PHILIPPINES V. FEDERICO AGUILAR @ "PEDDY" :
[G.R. No. 189298 : September 15, 2010]
PEOPLE OF THE PHILIPPINES V. FEDERICO AGUILAR @ "PEDDY"
Sirs/Mesdames:
Please take notice that the Court, Second Division, issued a Resolution dated 15 September 2010 which reads as follows:
G.R. No. 189298[*](People of the Philippines v. Federico Aguilar @ "Peddy").
The Assistant Provincial Prosecutor of Barili, Cebu, charged the accused Federico Aguilar a.k.a. "Peddy" (Federico) of double rape before the Regional Trial Court (RTC) of Barili in Criminal Cases CEB-BRL-306 and CEB-BRL-307. The prosecution presented the testimonies of the private complainant, "BETH"; [1] her husband "BERT";[2] and Dr. Claro Villegas to establish the crime.
BETH was a stay-in house helper at the residence of Dr. Terry Aguilar, a relative of Federico. Occasionally, Federico dropped by the house to do some errands.
BETH testified that at around 9:30 a.m. on August 27, 1998 she took a bath. She then proceeded to her room to dress up. Upon entering it, however, she was surprised to see Federico inside, holding a knife. Federico grabbed BETH by her waist, held her chest, and made her lie down while aiming the knife at her. Fearing for her life, BETH succumbed to Federico's bestial desires.
The incident was repeated on September 2, 1998 at around 7:00 p.m. This time BETH, who just finished relieving herself, exited the comfort room located at the back of the house of Dr. Aguilar when Federico suddenly appeared from behind and hugged her. She tried to scream for help but Federico was able to cover her mouth. He then forced her to he down on the ground. BETH's resistance to Federico's advances proved to be futile since he was stronger and bigger and all the time, Federico's hand covered her mouth. As a result of the struggle, the skirt that she was wearing was torn. Thereafter, Federico successfully had his way with BETH.
In his defense, Federico denied that he raped BETH on August 27, 1998. He claims that he met a relative, Claudia Aguilar, at the house of Dr. Aguilar and left for Moalboal at around 8:00 a.m. For the September 2, 1998 incident, Federico admitted that he had sexual congress with BETH but it was with her consent since they were sweethearts as shown by the pictures of BETH dated June 25, 1998 and My 17, 1998 with a dedication "Dear Peddy, Keep with picture Care, [BETH]." Lastly, Federico presented the testimony of Alberto Susano, who allegedly saw the September 2, 1998 incident and observed that BETH enjoyed the experience.
The RTC found Federico guilty of two counts of rape and identically sentenced him to reclusion perpetua. It also ordered Fedenco to pay BETH P100,000.00 for each count in the Decision dated September 7, 1999.
On appeal, the Court of Appeals (CA), in CA-G.R. CEB-CR-HC 00289, dismissed the appeal and affirmed with modification the decision of the RTC in the Decision dated June 20, 2008.[3] While the CA affirmed the finding of guilt of Federico, it ordered him to pay moral damages in the amount of P50,000.00 for each count of rape. Federico seeks his acquittal by this Court.
The issue in this case is whether or not the testimony of BETH is sufficiently credible to repeat Federico's conviction for the two rapes.
In cases where credibility of witnesses are questioned, this Court affords great respect to the assessment of the trial courts for they have heard the testimonies first hand and were able to observe every hesitation, move, tear, smile, and twitch, which denied the appellate courts. But this is not to say that trial courts are infallible in their assessments. This Court will never condone errors when one exists. After reviewing the records of this case, the Court finds no reason to depart from the assessment of the RTC.
Federico's hopes of acquittal hinge upon two arguments, the alleged lack of force or intimidation employed against BETH and the alleged consented consort between them. But his arguments fail to secure his acquittal.
One cannot expect a uniform monotonous reaction to a strange and violent situation as that of rape. Whatever the reaction be, one thing is certain; the law does not require victims of rape to prove resistance.[4] BETH's reaction to the sexual advances of Federico was a natural reaction to the force and intimidation he employed. The aiming of the knife during the August 27, 1998 incident was enough to wrest BETH into submission to his carnal desires. His alibi deserves scant consideration because of his admission that he was at the residence of Dr. Aguilar in the early morning of August 27, 1998.
As regards the September 2, 1998 incident, Federico admits having sexual relations with BETH but offered the sweetheart theory as an affirmative defense. Having admitted, the fact of carnal knowledge, the burden shifted upon him to prove that the September 2 incident was consensual, however, he failed to do so. The pictures of BETH with dates and an equivocal dedication does not prove their relationship as sweethearts.
On the other hand, BETH clearly testified that she was forced by Federico into submission. Using his superior strength, Federico prevented her from shouting and resisting.
WHEREFORE, the Court DISMISSES the appeal and AFFIRMS the Decision of the CA in CA-G.R. CEB-CR-HC 00289 dated June 20, 2008.
SO ORDERED.
G.R. No. 189298[*](People of the Philippines v. Federico Aguilar @ "Peddy").
The Assistant Provincial Prosecutor of Barili, Cebu, charged the accused Federico Aguilar a.k.a. "Peddy" (Federico) of double rape before the Regional Trial Court (RTC) of Barili in Criminal Cases CEB-BRL-306 and CEB-BRL-307. The prosecution presented the testimonies of the private complainant, "BETH"; [1] her husband "BERT";[2] and Dr. Claro Villegas to establish the crime.
BETH was a stay-in house helper at the residence of Dr. Terry Aguilar, a relative of Federico. Occasionally, Federico dropped by the house to do some errands.
BETH testified that at around 9:30 a.m. on August 27, 1998 she took a bath. She then proceeded to her room to dress up. Upon entering it, however, she was surprised to see Federico inside, holding a knife. Federico grabbed BETH by her waist, held her chest, and made her lie down while aiming the knife at her. Fearing for her life, BETH succumbed to Federico's bestial desires.
The incident was repeated on September 2, 1998 at around 7:00 p.m. This time BETH, who just finished relieving herself, exited the comfort room located at the back of the house of Dr. Aguilar when Federico suddenly appeared from behind and hugged her. She tried to scream for help but Federico was able to cover her mouth. He then forced her to he down on the ground. BETH's resistance to Federico's advances proved to be futile since he was stronger and bigger and all the time, Federico's hand covered her mouth. As a result of the struggle, the skirt that she was wearing was torn. Thereafter, Federico successfully had his way with BETH.
In his defense, Federico denied that he raped BETH on August 27, 1998. He claims that he met a relative, Claudia Aguilar, at the house of Dr. Aguilar and left for Moalboal at around 8:00 a.m. For the September 2, 1998 incident, Federico admitted that he had sexual congress with BETH but it was with her consent since they were sweethearts as shown by the pictures of BETH dated June 25, 1998 and My 17, 1998 with a dedication "Dear Peddy, Keep with picture Care, [BETH]." Lastly, Federico presented the testimony of Alberto Susano, who allegedly saw the September 2, 1998 incident and observed that BETH enjoyed the experience.
The RTC found Federico guilty of two counts of rape and identically sentenced him to reclusion perpetua. It also ordered Fedenco to pay BETH P100,000.00 for each count in the Decision dated September 7, 1999.
On appeal, the Court of Appeals (CA), in CA-G.R. CEB-CR-HC 00289, dismissed the appeal and affirmed with modification the decision of the RTC in the Decision dated June 20, 2008.[3] While the CA affirmed the finding of guilt of Federico, it ordered him to pay moral damages in the amount of P50,000.00 for each count of rape. Federico seeks his acquittal by this Court.
The issue in this case is whether or not the testimony of BETH is sufficiently credible to repeat Federico's conviction for the two rapes.
In cases where credibility of witnesses are questioned, this Court affords great respect to the assessment of the trial courts for they have heard the testimonies first hand and were able to observe every hesitation, move, tear, smile, and twitch, which denied the appellate courts. But this is not to say that trial courts are infallible in their assessments. This Court will never condone errors when one exists. After reviewing the records of this case, the Court finds no reason to depart from the assessment of the RTC.
Federico's hopes of acquittal hinge upon two arguments, the alleged lack of force or intimidation employed against BETH and the alleged consented consort between them. But his arguments fail to secure his acquittal.
One cannot expect a uniform monotonous reaction to a strange and violent situation as that of rape. Whatever the reaction be, one thing is certain; the law does not require victims of rape to prove resistance.[4] BETH's reaction to the sexual advances of Federico was a natural reaction to the force and intimidation he employed. The aiming of the knife during the August 27, 1998 incident was enough to wrest BETH into submission to his carnal desires. His alibi deserves scant consideration because of his admission that he was at the residence of Dr. Aguilar in the early morning of August 27, 1998.
As regards the September 2, 1998 incident, Federico admits having sexual relations with BETH but offered the sweetheart theory as an affirmative defense. Having admitted, the fact of carnal knowledge, the burden shifted upon him to prove that the September 2 incident was consensual, however, he failed to do so. The pictures of BETH with dates and an equivocal dedication does not prove their relationship as sweethearts.
On the other hand, BETH clearly testified that she was forced by Federico into submission. Using his superior strength, Federico prevented her from shouting and resisting.
WHEREFORE, the Court DISMISSES the appeal and AFFIRMS the Decision of the CA in CA-G.R. CEB-CR-HC 00289 dated June 20, 2008.
SO ORDERED.
Very truly yours,
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
(Sgd.) MA. LUISA L. LAUREA
Clerk of Court
Endnotes:
[*] J. Nachura, no part J. Velasco, Jr., additional member, per Special Order No. 883 dated September 1. 2010. J. Mendoza, no part. J. Bersamin, additional member, per Special Order No. 886 dated September 1, 2010.
[1] Pursuant to Republic Act 9262, otherwise known as the "Anti-Violence Against Women and Their Children Act of 2004" and its implementing rules, the real name of the victim, together with the real names of her immediate family members, is withheld and fictitious initials instead are used to represent her, both to protect her privacy (People v. Cabalquinto, G.R. No. 167693, 502 SCRA 419, 421-426 [2006]).
[2] Id.
[3] Previously, the Court transferred the initial review of the case (G.R. Nos. 142892-93) to the CA via Resolution dated November 8, 2004. in view of the ruling in People v. Mateo, G.R. Nos. 147678-87. July 7, 2004, 433 SCRA 640.
[4] People v. Nogpo, Jr., G.R. No. 184791, April 16, 2009, 585 SCRA 725, 744.
