G.R. No. 88724 April 3, 1990 reasonable doubt, with the aggravating 5, ibid).

asonable doubt, with the aggravating 5, ibid). All of a sudden, somebody held her and
circumstances of dwelling and nightime (sic) with no poked a knife to her neck. She then recognized
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, mitigating circumstance to offset the same, and appellant who was a frequent visitor of another
vs. considering the provisions of the Indeterminate boarder (pp. 8-9, ibid).
CEILITO ORITA alias "Lito," defendant-appellant. The Sentence Law, imposes on accused an
Office of the Solicitor General for plaintiff-appellee. imprisonment of TEN (10) YEARS and ONE (1) She pleaded with him to release her, but he ordered
C. Manalo for defendant-appellant. DAY, PRISION MAYOR, as minimum to TWELVE her to go upstairs with him. Since the door which led
(12) YEARS PRISION MAYOR, maximum; to to the first floor was locked from the inside,
indemnify CRISTINA S. ABAYAN, the amount of appellant forced complainant to use the back door
Four Thousand (P4,000.00) Pesos, without leading to the second floor (p. 77, ibid). With his left
MEDIALDEA, J.: subsidiary imprisonment in case of insolvency, and arm wrapped around her neck and his right hand
to pay costs. poking a "balisong" to her neck, appellant dragged
The accused, Ceilito Orita alias Lito, was charged with the complainant up the stairs (p. 14, ibid). When they
crime of rape in Criminal Case No. 83-031-B before the SO ORDERED. reached the second floor, he commanded her to
Regional Trial Court, Branch II, Borongan, Eastern Samar. look for a room. With the Batangas knife still poked
The information filed in the said case reads as follows (p. to her neck, they entered complainant's room.
47, Rollo): Not satisfied with the decision, the accused appealed to the
Court of Appeals. On December 29, 1988, the Court of
Appeals rendered its decision, the dispositive portion of Upon entering the room, appellant pushed
The undersigned Second Assistant Provincial Fiscal which reads (p. 102, Rollo): complainant who hit her head on the wall. With one
upon prior complaint under oath by the offended hand holding the knife, appellant undressed himself.
party, accuses CEILITO ORITA alias LITO of the He then ordered complainant to take off her clothes.
crime of Rape committed as follows: WHEREFORE, the trial court's judgment is hereby
MODIFIED, and the appellant found guilty of the Scared, she took off her T-shirt. Then he pulled off
crime of rape, and consequently, sentenced to suffer her bra, pants and panty (p. 20, ibid).
That on March 20, 1983, at about 1:30 o'clock in the imprisonment of reclusion perpetua and to
morning inside a boarding house at Victoria St., indemnify the victim in the amount of P30,000.00. He ordered her to lie down on the floor and then
Poblacion, Borongan, Eastern Samar, Philippines, mounted her. He made her hold his penis and insert
and within the jurisdiction of this Honorable Court, it in her vagina. She followed his order as he
above named accused with lewd designs and by the SO ORDERED.
continued to poke the knife to her. At said position,
use of a Batangas knife he conveniently provided however, appellant could not fully penetrate her.
himself for the purpose and with threats and On January 11, 1989, the Court of Appeals issued a Only a portion of his penis entered her as she kept
intimidation, did, then and there wilfully, unlawfully resolution setting aside its December 29, 1988 decision and on moving (p. 23, ibid).
and feloniously lay with and succeeded in having forwarded the case to this Court, considering the provision of
sexual intercourse with Cristina S. Abayan against Section 9, paragraph 3 of Batas Pambansa Blg. 129 in
her will and without her consent. conjunction with Section 17, paragraph 3, subparagraph 1 of Appellant then lay down on his back and
the Judiciary Act of 1948. commanded her to mount him. In this position, only
a small part again of his penis was inserted into her
CONTRARY TO LAW. vagina. At this stage, appellant had both his hands
The antecedent facts as summarized in the People's brief are flat on the floor. Complainant thought of escaping (p.
Upon being arraigned, the accused entered the plea of not as follows (pp. 71-75, Rollo): 20, ibid).
guilty to the offense charged. After the witnesses for the
People testified and the exhibits were formally offered and Complainant Cristina S. Abayan was a 19-year old She dashed out to the next room and locked herself
admitted, the prosecution rested its case. Thereafter, the freshman student at the St. Joseph's College at in. Appellant pursued her and climbed the partition.
defense opted not to present any exculpatory evidence and Borongan, Eastern Samar. Appellant was a When she saw him inside the room, she ran to
instead filed a Motion to Dismiss. On August 5, 1985, the trial Philippine Constabulary (PC) soldier. another room. Appellant again chased her. She fled
court rendered its decision, the dispositive portion of which to another room and jumped out through a window
reads (pp. 59-60, Rollo): In the early morning of March 20, 1983, complainant (p. 27, ibid).
arrived at her boarding house. Her classmates had
WHEREFORE. the Court being morally certain of just brought her home from a party (p. 44, tsn, May Still naked, she darted to the municipal building,
the guilt of accused CEILITO ORITA @ LITO, of the 23, 1984). Shortly after her classmates had left, she which was about eighteen meters in front of the
crime of Frustrated Rape (Art. 335, RPC), beyond knocked at the door of her boarding house (p.
boarding house, and knocked on the door. When As aforementioned, the trial court convicted the accused of We find no cogent reason to depart from the well-settled rule
there was no answer, she ran around the building frustrated rape. that the findings of fact of the trial court on the credibility of
and knocked on the back door. When the policemen witnesses should be accorded the highest respect because it
who were inside the building opened the door, they In this appeal, the accused assigns the following errors: has the advantage of observing the demeanor of witnesses
found complainant naked sitting on the stairs crying. and can discern if a witness is telling the truth (People v.
Pat. Donceras, the first policeman to see her, took Samson, G.R. No. 55520, August 25, 1989). We quote with
off his jacket and wrapped it around her. When they 1) The trial court erred in disregarding the substantial favor the trial court's finding regarding the testimony of the
discovered what happened, Pat. Donceras and two inconsistencies in the testimonies of the witnesses; and victim (p 56, Rollo):
other policemen rushed to the boarding house. They
heard a sound at the second floor and saw 2) The trial court erred in declaring that the crime of frustrated As correctly pointed out in the memorandum for the
somebody running away. Due to darkness, they rape was committed by the accused. People, there is not much to be desired as to the
failed to apprehend appellant. sincerity of the offended party in her testimony
The accused assails the testimonies of the victim and Pat. before the court. Her answer to every question
Meanwhile, the policemen brought complainant to Donceras because they "show remarkable and vital profounded (sic), under all circumstances, are plain
the Eastern Samar Provincial Hospital where she inconsistencies and its incredibility amounting to fabrication and straightforward. To the Court she was a picture
was physically examined. and therefore casted doubt to its candor, truth and validity." of supplication hungry and thirsty for the immediate
(p. 33, Rollo) vindication of the affront to her honor. It is inculcated
Dr. Ma. Luisa Abude, the resident physician who into the mind of the Court that the accused had
examined complainant, issued a Medical Certificate A close scrutiny of the alleged inconsistencies revealed that wronged her; had traversed illegally her honor.
(Exhibit "A") which states: they refer to trivial inconsistencies which are not sufficient to
blur or cast doubt on the witnesses' straightforward When a woman testifies that she has been raped, she says
Physical Examination Patient is fairly attestations. Far from being badges of fabrication, the in effect all that is necessary to show that rape was
built, came in with loose clothing with no inconsistencies in their testimonies may in fact be justifiably committed provided her testimony is clear and free from
under-clothes; appears in state of shock, considered as manifestations of truthfulness on material contradiction and her sincerity and candor, free from
per unambulatory. points. These little deviations also confirm that the witnesses suspicion (People v Alfonso, G.R. No. 72573, August 31,
had not been rehearsed. The most candid witnesses may 1987, 153 SCRA 487; People v. Alcid, G.R. Nos. 66387-88,
make mistakes sometimes but such honest lapses do not February 28, 1985, 135 SCRA 280; People v. Soterol G.R.
PE Findings Pertinent Findings only. necessarily impair their intrinsic credibility (People v. Cabato, No. 53498, December 16, 1985, 140 SCRA 400). The victim
G.R. No. L-37400, April 15, 1988, 160 SCRA 98). Rather in this case did not only state that she was raped but she
Neck- Circumscribed hematoma at Ant. than discredit the testimonies of the prosecution witnesses, testified convincingly on how the rape was committed. The
neck. discrepancies on minor details must be viewed as adding victim's testimony from the time she knocked on the door of
credence and veracity to such spontaneous testimonies the municipal building up to the time she was brought to the
Breast Well developed, conical in shape (Aportadera et al. v. Court of Appeals, et al., G.R. No. L- hospital was corroborated by Pat. Donceras. Interpreting the
with prominent nipples; linear abrasions 41358, March 16, 1988, 158 SCRA 695). As a matter of fact, findings as indicated in the medical certificate, Dr. Reinerio
below (L) breast. complete uniformity in details would be a strong indication of Zamora (who was presented in view of the unavailability of
untruthfulness and lack of spontaneity (People v. Bazar, G.R. Dr. Abude) declared that the abrasions in the left and right
No. L-41829, June 27, 1988, 162 SCRA 609). However, one knees, linear abrasions below the left breast, multiple
Back Multiple pinpoint marks. of the alleged inconsistencies deserves a little discussion pinpoint marks, circumscribed hematoma at the anterior
which is, the testimony of the victim that the accused asked neck, erythematous area surrounding the vaginal orifice and
Extremities Abrasions at (R) and (L) her to hold and guide his penis in order to have carnal tender vulva, are conclusive proof of struggle against force
knees. knowledge of her. According to the accused, this is strange and violence exerted on the victim (pp. 52-53, Rollo). The
because "this is the only case where an aggressor's trial court even inspected the boarding house and was fully
advances is being helped-out by the victim in order that there satisfied that the narration of the scene of the incident and
Vulva No visible abrasions or marks at
will be a consumation of the act." (p. 34, Rollo). The the conditions therein is true (p. 54, Rollo):
the perineal area or over the
vulva, errythematous (sic) areas noted allegation would have been meritorious had the testimony of
surrounding vaginal orifice, tender, hymen the victim ended there. The victim testified further that the
intact; no laceration fresh and old noted; accused was holding a Batangas knife during the aggression.
examining finger can barely enter and with This is a material part of the victim's testimony which the
difficulty; vaginal canal tight; no discharges accused conveniently deleted.
noted.
 . . . The staircase leading to the first floor is in such of their necessity (Tugbang v. Court of Appeals, et al., G.R. Art. 6. Consummated, frustrated, and attempted
a condition safe enough to carry the weight of both No. 56679, June 29, 1989; People v. Somera, G.R. No. felonies. Consummated felonies as well as those
accused and offended party without the slightest 65589, May 31, 1989). As for the non-presentation of the which are frustrated and attempted, are punishable.
difficulty, even in the manner as narrated. The medico-legal officer who actually examined the victim, the
partitions of every room were of strong materials, trial court stated that it was by agreement of the parties that A felony is consummated when all the elements
securedly nailed, and would not give way even by another physician testified inasmuch as the medico-legal necessary for its execution and accomplishment are
hastily scaling the same. officer was no longer available. The accused did not bother to present; and it is frustrated when the offender
contradict this statement. performs all the acts of execution which would
A little insight into human nature is of utmost value in judging produce the felony as a consequence but which,
rape complaints (People v. Torio, et al., G.R. No. L-48731, Summing up, the arguments raised by the accused as nevertheless, do not produce it by reason of causes
December 21, 1983, 126 SCRA 265). Thus, the trial court regards the first assignment of error fall flat on its face. Some independent of the will of the perpetrator.
added (p. 55, Rollo): were not even substantiated and do not, therefore, merit
consideration. We are convinced that the accused is guilty of There is an attempt when the offender commences
. . . And the jump executed by the offended party rape. However, We believe the subject matter that really calls the commission of a felony directly by overt acts,
from that balcony (opening) to the ground which for discussion, is whether or not the accused's conviction and does not perform all the acts of execution which
was correctly estimated to be less than eight (8) for frustrated rape is proper. The trial court was of the belief should produce the felony by reason of some cause
meters, will perhaps occasion no injury to a that there is no conclusive evidence of penetration of the or accident other than his own spontaneous
frightened individual being pursued. Common genital organ of the victim and thus convicted the accused of desistance.
experience will tell us that in occasion of frustrated rape only.
conflagration especially occuring (sic) in high Correlating these two provisions, there is no debate that the
buildings, many have been saved by jumping from The accused contends that there is no crime of frustrated attempted and consummated stages apply to the crime of
some considerable heights without being injured. rape. The Solicitor General shares the same view. rape.1wphi1 Our concern now is whether or not the
How much more for a frightened barrio girl, like the frustrated stage applies to the crime of rape.
offended party to whom honor appears to be more Article 335 of the Revised Penal Code defines and
valuable than her life or limbs? Besides, the enumerates the elements of the crime of rape:
exposure of her private parts when she sought The requisites of a frustrated felony are: (1) that the offender
assistance from authorities, as corroborated, is has performed all the acts of execution which would produce
enough indication that something not ordinary Art. 335. When and how rape is committed. Rape the felony and (2) that the felony is not produced due to
happened to her unless she is mentally deranged. is committed by having carnal knowledge of a causes independent of the perpetrator's will. In the leading
Sadly, nothing was adduced to show that she was woman under any of the following circumstances: case of United States v. Eduave, 36 Phil. 209, 212, Justice
out of her mind. Moreland set a distinction between attempted and frustrated
1. By using force or intimidation; felonies which is readily understood even by law students:
In a similar case (People v. Sambili G.R. No. L-44408,
September 30, 1982, 117 SCRA 312), We ruled that: 2. When the woman is deprived of reason or . . . A crime cannot be held to be attempted unless
otherwise unconscious and the offender, after beginning the commission of the
crime by overt acts, is prevented, against his will, by
What particularly imprints the badge of truth on her some outside cause from performing all of the acts
story is her having been rendered entirely naked by 3. When the woman is under twelve years of age, which should produce the crime. In other words, to
appellant and that even in her nudity, she had to run even though neither of the circumstances be an attempted crime the purpose of the offender
away from the latter and managed to gain sanctuary mentioned in the two next preceding paragraphs must be thwarted by a foreign force or agency which
in a house owned by spouses hardly known to her. shall be present. intervenes and compels him to stop prior to the
All these acts she would not have done nor would moment when he has performed all of the acts
these facts have occurred unless she was sexually xxx xxx xxx which should produce the crime as a consequence,
assaulted in the manner she narrated. which acts it is his intention to perform. If he has
Carnal knowledge is defined as the act of a man in having performed all of the acts which should result in the
The accused questions also the failure of the prosecution to sexual bodily connections with a woman (Black's Law consummation of the crime and voluntarily desists
present other witnesses to corroborate the allegations in the Dictionary. Fifth Edition, p. 193). from proceeding further, it can not be an attempt.
complaint and the non-presentation of the medico-legal The essential element which distinguishes
officer who actually examined the victim. Suffice it to say that attempted from frustrated felony is that, in the latter,
it is up to the prosecution to determine who should be On the other hand, Article 6 of the same Code provides: there is no intervention of a foreign or extraneous
presented as witnesses on the basis of its own assessment cause or agency between the beginning of the
 commission of the crime and the moment when all law-making body to include the crime of frustrated rape in the xxx xxx xxx
of the acts have been performed which should result amendments introduced by said laws.
in the consummated crime; while in the former there Q What do you mean when you said comply, or
is such intervention and the offender does not arrive In concluding that there is no conclusive evidence of what act do you referred (sic) to, when you said
at the point of performing all of the acts which penetration of the genital organ of the victim, the trial court comply?
should produce the crime. He is stopped short of relied on the testimony of Dr. Zamora when he "categorically
that point by some cause apart from his voluntary declared that the findings in the vulva does not give a
desistance. A I inserted his penis into my vagina.
concrete disclosure of penetration. As a matter of fact, he
tossed back to the offended party the answer as to whether
Clearly, in the crime of rape, from the moment the offender or not there actually was penetration." (p. 53, Rollo) Q And was it inserted?
has carnal knowledge of his victim he actually attains his Furthermore, the trial court stated (p. 57, Rollo):
purpose and, from that moment also all the essential A Yes only a little.
elements of the offense have been accomplished. Nothing . . . It cannot be insensible to the findings in the
more is left to be done by the offender, because he has medical certificate (Exhibit "A") as interpreted by Dr. The fact is that in a prosecution for rape, the accused may be
performed the last act necessary to produce the crime. Thus, Reinerio Zamora and the equivocal declaration of convicted even on the sole basis of the victim's testimony if
the felony is consummated. In a long line of cases (People v. the latter of uncertainty whether there was credible (People v. Tabago, G.R. No. 69778, November 8,
Oscar, 48 Phil. 527; People v. Hernandez, 49 Phil. 980; penetration or not. It is true, and the Court is not 1988, 167 SCRA 65; People v. Aragona, G.R. No. L-43752,
People v. Royeras, G.R. No. L-31886, April 29, 1974, 56 oblivious, that conviction for rape could proceed September 19, 1985, 138 SCRA 569; People v. Taduyo, G.R.
SCRA 666; People v. Amores, G.R. No. L-32996, August 21, from the uncorroborated testimony of the offended Nos. L-37928-29, September 29, 1987, 154 SCRA 349).
1974, 58 SCRA 505), We have set the uniform rule that for party and that a medical certificate is not necessary Moreover, Dr. Zamora's testimony is merely corroborative
the consummation of rape, perfect penetration is not (People v. Royeras People v. Orteza, 6 SCRA 109, and is not an indispensable element in the prosecution of this
essential. Any penetration of the female organ by the male 113). But the citations the people relied upon cannot case (People v. Alfonso, supra).
organ is sufficient. Entry of the labia or lips of the female be applicable to the instant case. The testimony of
organ, without rupture of the hymen or laceration of the the offended party is at variance with the medical
vagina is sufficient to warrant conviction. Necessarily, rape is Although the second assignment of error is meritorious, it will
certificate. As such, a very disturbing doubt has not tilt the scale in favor of the accused because after a
attempted if there is no penetration of the female surfaced in the mind of the court. It should be
organ (People v. Tayaba, 62 Phil. 559 People v. Rabadan et thorough review of the records, We find the evidence
stressed that in cases of rape where there is a sufficient to prove his guilt beyond reasonable doubt of the
al., 53 Phil. 694; United States v. Garcia: 9 Phil. positive testimony and a medical certificate, both
434) because not all acts of execution was performed. The crime of consummated rape.
should in all respect, compliment each other, for
offender merely commenced the commission of a felony otherwise to rely on the testimony alone in utter
directly by overt acts. Taking into account the nature, disregard of the manifest variance in the medical Article 335, paragraph 3, of the Revised Penal Code provides
elements and manner of execution of the crime of rape and certificate, would be productive of mischievous that whenever the crime of rape is committed with the use of
jurisprudence on the matter, it is hardly conceivable how the results. a deadly weapon, the penalty shall be reclusion perpetua to
frustrated stage in rape can ever be committed. death. The trial court appreciated the aggravating
circumstances of dwelling and nighttime. Thus, the proper
The alleged variance between the testimony of the victim and imposable penalty is death. In view, however, of Article 111,
Of course, We are aware of our earlier pronouncement in the the medical certificate does not exist. On the contrary, it is
case of People v. Eria 50 Phil. 998 [1927] where We found Section 19(1) of the 1987 Constitution and Our ruling
stated in the medical certificate that the vulva was in People v. Millora, et al., G.R. Nos. L-38968-70, February 9,
the offender guilty of frustrated rape there being no erythematous (which means marked by abnormal redness of
conclusive evidence of penetration of the genital organ of the 1989, that the cited Constitutional provision did not declare
the skin due to capillary congestion, as in inflammation) and the abolition of the death penalty but merely prohibits the
offended party. However, it appears that this is a "stray" tender. It bears emphasis that Dr. Zamora did not rule
decision inasmuch as it has not been reiterated in Our imposition of the death penalty, the Court has since February
out penetration of the genital organ of the victim. He merely 2, 1987 not imposed the death penalty whenever it was
subsequent decisions. Likewise, We are aware of Article 335 testified that there was uncertainty whether or not there was
of the Revised Penal Code, as amended by Republic Act No. called for under the Revised Penal Code but instead reduced
penetration. Anent this testimony, the victim positively the same to reclusion perpetua (People v. Solis, et al., G.R.
2632 (dated September 12, 1960) and Republic Act No. 4111 testified that there was penetration, even if only partially (pp.
(dated March 29, 1965) which provides, in its penultimate Nos. 78732-33, February 14, 1990). Reclusion perpetua,
302, 304, t.s.n., May 23, 1984): being a single indivisible penalty under Article 335, paragraph
paragraph, for the penalty of death when the rape is
attempted or frustrated and a homicide is committed by 3, is imposed regardless of any mitigating or aggravating
reason or on the occasion thereof. We are of the opinion that Q Was the penis inserted on your vagina? circumstances (in relation to Article 63, paragraph 1, Revised
this particular provision on frustrated rape is a dead Penal Code; see People v. Arizala, G.R. No. 59713, March
provision. The Eria case, supra, might have prompted the A It entered but only a portion of it. 15, 1982, 112 SCRA 615; People v. Manzano, G.R. No.
L38449, November 25, 1982, 118 SCRA 705; People v.
Ramirez, G.R. No. 70744, May 31, 1985, 136 SCRA 702).

ACCORDINGLY, the decision of the Regional Trial Court is

hereby MODIFIED. The accused Ceilito Orita is hereby found
guilty beyond reasonable doubt of the crime of rape and
sentenced to reclusion perpetua as well as to indemnify the
victim in the amount of P30,000.00. SO ORDERED.
 story apartment of the accused, Semion Mangalino, 53, nilagay ang daliri niya sa pikpik ko," and "yong titi ni Mang
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, married to 55-year old Laura Gasmin, childless, a security Semion nilagay sa pikpik ko." 12
vs. guard by occupation, and residing at 1597-D Honradez
SEMION MANGALINO y LUMANOG, accused-appellant. Street, Sampaloc, Manila. 3 At the time of the incident, Laura At about 2:30 that same day, an enraged Bernardine
was in Balayan, Batangas, having left the day before the submitted her daughter to a physical and genital
The Office of the Solicitor General for plaintiff-appellee. incident. The accused and Marichelle's parents (Tomas and examination, 13 the results of which National Bureau of
Bernardine Carlos) are neighbors, their respective rented Investigation (NBI) Medico Legal Officer Roberto V. Garcia
apartments being almost opposite each other. certified as follows:
Adriatico T. Bruno for accused-appellant.

During the morning of March 7, 1984, Ramil las Dulce, a 16- No evidence (or) sign of any extragenital
SARMIENTO, J.:
year old high school student occupying the second floor of physical injury noted on the body of the
the apartment, for free and free board, too, a grandson of the subject at the time of examination.
This is an appeal from the decision of the Regional Trial accused (his mother, Edita Onadia who lived with him
Court of Manila, 1 in which the accused was convicted of upstairs, being an adopted daughter of the accused), and
statutory rape under Article 335, paragraph 3 of the Revised Hymen, intact and its orifice, narrow.
Laura's nephew, Armando Ayroso, were allegedly playing
Penal Code, 2 and sentenced to suffer the penalty chess 4 in the sala of the apartment. Ramil, a witness for the
of reclusion perpetua and to pay the offended parties the Sign of recent genital trauma, present.
defense, testified that he did not hear or see the accused
sum of P50,000.00 as moral damages. The complaint signed calling out to Marichelle and motioning her to go inside his
by the father of the victim, Tomas Carlos y Valente states: bedroom or "sleeping quarters" at one end of the sala of the Dr. Garcia opined that the vestibular mucosa contusion could
ground floor, opposite the kitchen. have been caused by a hard object like an erected penis and
xxx xxx xxx such bruises at such part of the girl's vagina if caused by an
erected penis would be an indication of an unsuccessful
Once inside the bedroom, the accused handed the girl a two
That on or about March 7, 1984, in the city penetration. He discounted the probability of an accident, like
peso bill (P2.00) 5 and told her not to tell anybody about his
of Manila, Philippines, the said accused did bumping at an edge of a chair, or any blunt object, since
calling her to his bedroom. The girl assented. 6
then and there wilfully, unlawfully and there was no contusion of the labia. 14
feloniously lie with and have carnal The accused then laid Marichelle down, removed her jogging
knowledge of the undersigned The confrontation between the victim and the accused took
pants, and placed them beside her feet. 7 He kissed her and
complainant's daughter Marichelle, a place when Staff Sergeant Mario Oser of the Waterfront Unit,
fondled her infantile breasts. 8 He inserted his finger into the
minor, 6 years of age, against her will and Reaction Strike Force, Philippine Constabulary Metropolitan
private part of the victim, 9 and then forcibly and repeatedly
consent. Command (P.C. Metrocom), who conducted the initial
introduced his sexual organ into her undeveloped genitalia,
investigation, invited the accused to the P.C. Headquarters.
but in vain. 10
Contrary to Law. There, Marichelle Identified Semion Mangalino as the man
who had abused her.
Meanwhile, the victim's mother, Bernardine Carlos, 27, and a
The following facts are fully supported by the evidence on plain housewife, was looking for her daughter, who should be
record, mainly the testimonies of the victim herself and her The accused vehemently denied having ever abused
leaving for school by that time. She was informed by her
mother, Bernardine, Dr. Roberto V. Garcia, and Staff Marichelle. He argued that the bruises in the complainant's
sister Agnes, who was living next door, that the adopted
Sergeant Mario Oser, as well as the testimonies of the vestibular mucosa may have been self-inflicted. Marichelle,
daughter of the accused, Cielito, had told her that Marichelle
witnesses for the defense Ramil las Dulce, Linda Ayroso, who was constantly running about, might have bumped her
was in their apartment. 11 Immediately, Michael, Agnes' four-
and the accused himself. pelvis against a chair, which explained the absence of signs
year old son, was dispatched to fetch Marichelle.
of contusions in the labia.
At about 10 or 11 o'clock in the morning of March 7, 1984, Hearing the call of Michael, the victim put on her garments,
Marichelle Carlos, 6 years old and a Grade I pupil at the Curiously, the young victim candidly testified that she felt no
and on the way home noticed that her jogging pants were
Moises Salvador Elementary School, Manila, was playing pain when the accused was allegedly trying to insert his
wet. Upon reaching her house, Marichelle narrated to her
"takbuhan" alone at the first level (ground floor) of the two- penis into her vagina. She did not cry in pain nor shout for
mother what had happened, saying, "Si Mang Semion
help when she was being abused. 15
Before the Court, the appellant assigned four errors in his THE TRIAL COURT ERRED IN FINDING We deny the appeal except the amount of the award of
brief which he claims the trial court committed, to wit: THAT THE ACCUSED IS GUILTY OF THE damages which we reduce to P20,000.00 conformably to
CHARGE ALLEGED IN THE prevailing jurisprudence.
ASSIGNMENT OF ERRORS INFORMATION, INSTEAD OF
ACQUITTING HIM WITH COSTS DE We rule that statutory rape had been committed beyond the
ERROR I OFFICIO. 16 shadow of a doubt.

THE TRIAL COURT ERRED IN NOT The defense vigorously argues against the probability of the The gravamen of the offense of statutory rape as provided in
FINDING THAT, CONSIDERING THE rape having been committed on two points: 1) The Article 335, paragraph 3 of the Revised Penal Code is the
PLACE, THE TIME, AND THE PRESENCE commission of the crime was impossible, taking place as carnal knowledge of a woman below 12 years of
OF SO MANY PEOPLE WITHIN THE claimed, in broad daylight, and 2) there were at least eight age. 18 Marichelle, a little over 6 years of age at the time, was
IMMEDIATE VICINITY WHERE THE persons including the accused and the complainant on raped. Beyond that, proof of intimidation or force used on her,
ALLEGED CRIME WAS COMMITTED, the ground floor where the rape was supposedly or lack of it, is immaterial.
THE ACCUSED COULD NOT HAVE consummated.
SEXUALLY ABUSED MARICHELLE G. The findings of Dr. Roberto V. Garcia, the NBI Medico Legal
CARLOS, THE COMPLAINING WITNESS The commission of the crime, submits the defense, was officer, who testified for the People, conclude that rape could
HEREIN; impossible, considering that it was allegedly committed at have been perpetrated. To reiterate, he certified the existence
noontime, which would have readily exposed the act of rape of indications of recent genital trauma. Under normal
ERROR II to anyone glancing in the direction of the place where the condition, the color of the vestibular mucosa is pinkish. The
suspect was abusing the victim. doctor found the vestibular mucosa of the victim to be dark
THE TRIAL COURT ERRED IN NOT red. 19 The forcible attempt of an erected penis to have
FINDING THAT THE BRUISES THROUGH On the second point, it is contended that the rape could not complete penetration caused the 3 1/2-centimeter contusion
THE VESTIBULAR MUCOSA OF THE have been accomplished with so many persons present in prior to the hymen. The government doctor further discounted
PRIVATE PART OF MARICHELLE G. the apartment. As it was, Ramil and Armando were playing the probability of an accident, such as bumping the edge of a
CARLOS IS THE RESULT OF AN chess near the front door of the apartment. Also, Linda chair, or violent contact with a blunt object, as there was no
ACCIDENT, CONSIDERING THAT ON Ayroso, 29, married to Armando, and a housewife, was contusion of the labia.
MARCH 7,1984, SHE WAS IN THE washing laundry in the kitchen. Furthermore, the accused
GROUND FLOOR OF THE APARTMENT was cooking lunch also in the kitchen, and so could not have The penile-vaginal contact without penetration was due to the
OF HEREIN ACCUSED PLAYING flitted from the kitchen to his room to execute his evil design one- centimeter diameter opening of Marichelle's hymen.
RUNNING AROUND "TAKBUHAN"; without anyone noticing his absence. Usually, the average adult's hymen measures 2.8 to 3
centimeters in diameter, making it compatible to, or easily
ERROR III The defense brings to our attention the physical layout of the penetrable by, an average-size penis. The victim being of a
apartment of the accused. The place where the alleged tender age, the penetration could go only as deep as the
sexual abuse took place was not even a room, he asserts. labia. 20 In any case, the Court has consistently held that for
THE TRIAL COURT ERRED IN
The apartment had neither a door nor walls, and what divided rape to be committed, full penetration is not required. It is
ORDERING THE ACCUSED TO PAY THE
the so-called room from the living room was a wooden folding enough that there is proof of entrance of the male organ
OFFENDED PARTIES, MARICHELLE G.
divider which was full of holes, "butas-butas." 17 within the labia or pudendum of the female organ. 21 Indeed,
CARLOS AND HER PARENTS, TOMAS
even the slightest penetration is sufficient to consummate the
CARLOS AND BERNARDINE GANLAC
Finally, the accused assails the lower court's slapping of crime of rape.
CARLOS, THE SUM OF P50,000.00 AS
AND FOR DAMAGES; damages based on the claims of prosecution witnesses of
suffering mental anguish, moral shock, and a "besmirched The relationship between the offender and the victim as
reputation." Since he did not commit the offense attributed to neighbors remains unrebutted. This relationship has an
ERROR IV
him, the award of P50,000.00 as moral damages is important bearing on the medico-legal finding, because it
unwarranted. Consequently, he prays he must be exculpated. explains the absence of visible signs of physical
injuries. 22The close relationship of Semion Mangalino to Fiscal Salvania a He gave me P2.00, madam.
Marichelle as a nearby neighbor of the Carlos family
and the degree of respect that Semion may have had in q What were you playing? Court
Marichelle's life, helps explain why physical force was not
employed. The mere size of the accused, a robust security Witness q Did you accept that P2.00?
guard, and 163 centimeters (five feet and four inches) in
height, could have easily immobilized the victim who was at a I was running around "takbuhan" madam. Witness
that time only one hundred eight centimeters tall and
weighing 31.818 kilos (70 lbs.) Court a Yes, your Honor.

The attempt to discredit the prosecution's version as shown q Were you running outside or inside the house Fiscal Salvania
by the fact that Marichelle did not cry out or struggle against of the accused
her attacker deserves scant consideration. The absence of q When you were asked to go inside
hymenal laceration adequately explains why Marichelle did Witness the higaan of Semion Mangalino, did you go?
not feel any pain during the attempted sexual intercourse.
Why would she struggle, when she did not even know that a Inside the house of Semion Mangalino, your Witness
her chastity was being violated? As her mother testified, it Honor.
was only upon realizing that she had been defiled did her a Yes, madam.
daughter cry. From then on, she became "matatakutin' and Fiscal Salvania
"hindi na kumakain", she became nervous and had no q Now, when you went inside the higaan, what
appetite for food symptoms of a state of anguish. q While you were playing inside the house of did he do to you?
Semion Mangalino he called for you?
The simplicity of the testimony of Marichelle convinces us a He inserted one of his fingers in my private
that she was telling the truth about her having been sexually Witness part madam.
abused.
a Yes, madam. Fiscal Salvania
xxx xxx xxx
q Why did he called (sic) for you? q You stated that you were wearing jogging
q (Asst. Fiscal Mercedes C. Salvania) Now, pant?
while you were playing will you tell this Witness
Honorable court where did you go after that? Witness
a He called me and told me to go to his bedroom
Witness (Marichelle) madam. a Yes, madam.

a While I was playing Mang Simeon called me Fiscal Salvania q What happened to your jogging pant?
madam.
q When you were asked to go to his bedroom, a He first removed my jogging pant, madam.
Court did he give you anything?
q After removing your jogging pant, did he
q Why, were you playing alone? Witness removed (sic) anything in his clothes?

Witness a Yes madam. a He did not removed (sic) anything in his

clothes madam.
a Yes, your Honor. q What did he give to you?
Court
 q Beside the jogging pant you are (sic) wearing, a No madam. Witness
were you also wearing a panty?
xxx xxx xxx a I did not feel anything, your Honor.
Witness
Court q Did you feel pain?
a Yes, your Honor.
q Did Semion Mangalino removed (sic) his pant? a I did not feel anything painful, your Honor.
Fiscal Salvania
Witness q Did you saw (sic) the penis of Semion
q What happen(ed) to your panty, did he Mangalino?
remove? a He did not removed (sic) his pant your Honor.
a Yes, your Honor.
Witness xxx xxx xxx
q What was your position when Semion
a He also removed my panty madam. q Do you know what is penis? Mangalino was trying to insert his penis into your
private part?
Fiscal Salvania a Yes, your Honor.
Witness
q What did he do with his finger? q Did the accused put-out his penis while he was
inserting his finger in your private part and a I was lying down, your Honor.
Court kissing you in the breast?
Court
She said he inserted. a He put-out his penis while he was kissing and
his one fingers (sic) inserted in my private part, q Who put you lay (sic) down, was it yourself or
q Was one of the fingers of the accused inserted your Honor. what?
in your private part?
q What did he do with his penis? Witness
Witness
a He is inserting his penis in my private part, a Semion Mangalino, your Honor.
a Yes, your Honor. your Honor.
q Did you not cry?
q What did he do? Court
a I did not cry, your Honor.
a He kissed me your Honor. q Was the accused able to insert his penis into
your private part? q Did you shout?
q Where did he kissed (sic) you?
Witness a I did not shout, your Honor.
a In my breast your Honor.
a He was not able, your Honor. q Why, were there persons inside the house
Fiscal Salvania while Semion Mangalino was doing all these
xxx xxx xxx things to you?

q Did he remove your T-shirt?

q How do you feel or did you feel pain while the a There were no other persons except myself
accused was trying to insert his penis into your and Semion Mangalino your Honor. 23
Witness private part?
Marichelle was a Grade I pupil when she was violated. She herself and her daughter to humiliation, to fear, and anxiety, facilitated the perpetration of the clime, and the divider,
was in Grade II when she took the witness stand. In view of and community censure that she and her daughter will have although "butas-butas," was sufficient to conceal the
her very tender age and her little formal schooling, it is to bear for the rest of their lives, 24 simply in consideration of commission of the bestial act.
inconceivable for Marichelle to concoct a serious charge of P50,000.00, the amount asked for in moral damages.
rape, and to narrate, in unhesitating and simple terms, that In several instances, this Court held that rape can be
she had been asked by the offender to go inside the room; The trial court's findings of facts which rely on the credibility committed even in places where people congregate: in parks,
that she was laid down after the accused had given her of witnesses are entitled to respect, if not finality. A along the road side, within school premises, and even inside
P2.00; that he removed her jogging pants and panty; that the painstaking examination and review of the records of the a house where there are other occupants. 27 The apartment
accused kissed her and caressed her breasts, that "Mang case yield no fact or circumstance that would have of the accused was no exception. Lust is no respecter of time
Semion" inserted a finger into her genital, and later his sexual contradicted the findings of the trial court. or place.
organ. At age 6, Marichelle would have been one of those
"babes and sucklings" from whose mouths words of praise The alleged inconsistencies refer to minor details and do not In fine, we hold that the trial court did not commit any
should have been perfected, but alas, she was instead at all touch upon the basic aspects of the who, the how, and reversible error in finding the accused-appellant guilty
compelled to relate in the presence of people, some of them the when of the crime committed. Minor discrepancies in the beyond reasonable doubt of the crime of statutory rape.
complete strangers, in the police precinct and in court, her testimonies of Marichelle and her mother are but natural, and
tragic story. even enhance their credibility as witnesses because these No amount of money can soothe the pain and anguish
discrepancies indicate that the responses given were honest suffered by a victim of rape and her family. Still, we cannot
The heart of the matter is the violation of a child's incapacity and unrehearsed. 25 In appreciation of the testimony of the impose the damages of P50,000.00 on the accused. As
to discern evil from good. As the behavior of the victim victim, due regard must be accorded to her tender age. stated earlier, we reduce the amount to P20,000.00.
towards the accused during the commission of the crime and
her testimony before police officers and in the court indicate, The contention of the accused that he never left the kitchen WHEREFORE, the appealled decision is AFFIRMED with the
she had no awareness of the wrongfulness of the action of is flawed. The facility of a quick tap to his room can not be MODIFICATION above indicated.
the accused who was old enough to be her grandfather. Her discounted considering that kitchen where he was supposed
willingness to lie down on and accept the P2.00 given her by to have been cooking was only a few meters away. That the
the accused, whom she looked up to as an elder person, a Costs against the accused-appellant. SO ORDERED.
presence of Ramil and Armando who were allegedly playing
neighbor, and a friend of her family, indicate not naivete, but chess in the kitchen made the commission of the crime
the absolute trust and confidence of the very young in an impossible, even if were true, falls flat in the face of the game
older person. She was incapable of reading malice or evil in of chess being one that requires utmost concentration; that
his intentions. It is likely that it was only when she saw how being so, it is logical for both players to be concentrating on
distraught her mother was at her telling of her story and the the game when the accused lured Marichelle into the room.
flurry of police and judicial activity stirred up by her narration We hold that when Ramil, Armando, and Linda were
that her young and innocent mind was violently exposed to engrossed in what they were doing, that the accused
the reality of the existence of evil in the hearts of men. The surreptitiously enticed Marichelle into his higaan, and that the
moment of truth, dawning so violently upon young and short distance between the kitchen and the "room" a mere
innocent minds is contemptible. The older persons in the distance of 5 to 6 meters is no obstacle to the satiation of
community should set themselves up as models of proper his carnal lusting after the child.
decorum and high moral purpose for young children; it is they
who should guide the young, teach them, and nurture them in
The accused claims it was impossible for him to have raped
the way of the righteous. A 53-year-old man who instead
the victim in the presence of other people, more so, in a
corrupts and violates the purity and dignity of a minor is
place without privacy. We do not agree. Rape was in fact
morally depraved and should be punished to the limits of the
committed. It is quite possible for an experienced man, like
law.
the accused, to consummate rape in just one minute, without
attracting the attention of the people inside the
It is even more difficult to conceive of Mrs. Bernardine Carlos apartment. 26 Marichelle's complete innocence may have
trumping up a charge of the rape of her daughter and subject
G.R. No. L-53984 May 5, 1988 and panty. He laid on top of her with his knees against her Arraigned on April 20, 1977, Antonio pleaded "not guilty."
thighs, her left hand underneath her back and her Thereupon the case proceeded to trial. On October 26, 1969,
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, upstretched right hand above her head held by Antonio. He the CFI-Caloocan convicted the accused of the crime of rape,
vs. then inserted his finger and penis into Maria's private parts. sentencing him to life imprisonment and ordering him to
EDUARDO ANTONIO y VILLAPANA, accused-appellant. She shouted, "Aray ko po, nanay ko po, tulungan ninyo ako," indemnify Macaranas in the sum of P 12,000. From the
but appellant succeeded in ravishing her. After raping judgment of conviction, Antonio brought this appeal assigning
The Solicitor General for plaintiff-appellee. complainant, accused went to his room in the upper floor of the following as errors:
the house. After dressing up, Maria rested for a while then
went to her Comadre Miling, Antonio's "aunt" (only because 1. THAT THE TRIAL COURT ERRED IN BASING ITS
Teofilo F. Manalo Law Office for accused-appellant.
she carried the same family name, Villapana, Antonio's DECISION OF CONVICTION OF APPELLANT ON THE
mother), to show what he did to her. UNCORROBORATED TESTIMONY OF THE
COMPLAINANT.
On April 22, 1976, Macaranas went to the Barangay Captain
CORTES, J.: to report the incident. The following day, the Barangay 2. THAT THE TRIAL COURT ERRED IN NOT BELIEVING
Captain accompanied her to the police where she lodged a THE TESTIMONY OF THE APPELLANT AS
Eduardo Antonio interposes this appeal from a decision of complaint. That afternoon, Maria was examined by Dr. Ampil CORROBORATED BY HIS WITNESSES.
the Court of First Instance of Rizal (Caloocan City) which at the National Bureau of Investigation.
convicted him of rape as charged by Maria Timajo
3. THAT THE TRIAL COURT ERRED IN FINDING THE
Macaranas in a complaint which reads: At this point, it may be stated that Dr. Ampil never took the ACCUSED GUILTY BEYOND REASONABLE DOUBT
witness stand. Neither was any medico-legal report NOTWITHSTANDING STANDING THE FACT THAT THE
That on or about the 16th day of April 1976 presented as evidence in court. TESTIMONY OF THE COMPLAINANT IS NOT ONLY
in Caloocan City, Philippines and within the UNCORROBORATED BUT IS INCONSISTENT WITH
jurisdiction of this Honorable Court, the On the other hand, Antonio denied all the allegations of the HUMAN EXPERIENCE AND BEHAVIOR.
above-named accused with lewd designs complaint. Even as he admits having performed the sexual
and by means of force, threats and act with Macaranas, he claims that, contrary to her 4. THAT THE COURT ERRED IN NOT TAKING INTO
intimidation employed on the person of the assertions, there was no force or intimidation employed. His CONSIDERATION THE DEMEANOR OF COMPLAINANT
undersigned complainant, did then and story is that he and Macaranas were sweethearts. Prior to ON THE WITNESS STAND.
there wilfully, unlawfully and feloniously lie April 16, 1976, they had been going out on dates, seeing
and have sexual intercourse with movies together and eating out. On April 16, 1976 at 11
complainant Maria Timajo Macaranas, There is no question that there was sexual union between
o'clock, he was invited by Macaranas to her room. While in Antonio and Macaranas on April 16, 1976. But did Antonio
widow, 35 years of age, against her will the room, he sat down and she seated herself beside him.
and without her consent. employ force to consummate the act? Or as he claims, was
Then she started kissing him. She asked him to go to the there mutual consent?
kitchen with her so they would not wake up her seven year
CONTRARY TO LAW. old child. In the kitchen she lay on the wooden bed. He
One of the peculiarities of rape is that it is one offense to
removed his pants and lay down beside her. They had sexual
which, oftentimes, only two people the accused and the
Macaranas' version is that on April 16, 1976, at around 11 intercourse twice.
complainant can testify. Inasmuch as it is the bounden
o'clock p.m., she was in her room sleeping with her seven-
duty of this Court to convict only if the guilt of the accused
year old daughter. She was awakened by a notice coming At the time of the incident, accused-appellant Eduardo has been proved beyond reasonable doubt, it behooves us to
from her window. She sat up on her bed and saw her door Antonio was still single, in his 20's. On the other hand, exert the most painstaking effort to weigh and appraise the
being opened. Then she saw Antonio enter her room. (The complainant Maria Timajo Vda. de Macaranas was already a conflicting testimonies if only to satisfy judicial conscience
fluorescent lamp was lighted.) He grabbed her left hand and middle-aged widow. She had four children by her late that the appellant committed the criminal act imputed against
poked a knife at her breast. She did not shout as she was husband who died in 1969. him.
afraid. He then dragged her to the kitchen where she was
made to lie on a wooden bed. He boxed her thighs and
breast until she felt weak. Antonio took off Maria's pajamas
There are three (3) settled principles to guide an appellate prosecution is the statement of Macaranas before the would have been to call for help or make an outcry to awaken
court in reviewing the evidence in rape cases: (1) An investigating policeman, and no other. [See TSN, January 4, her neighbors and/or call their attention, or do something to
accusation for rape can be made with facility; it is difficult to 1978, p. 13.] repel the intruder, and protect her home, herself and her
prove it but more difficult for the person accused, though daughter from any harm.
innocent, to disprove it; (2) In view of the intrinsic nature of Hence, as the trial court observed, the case for the
the crime of rape where two persons are usually involved, the prosecution rests solely on the uncorroborated testimony of Macaranas likewise testified that during the sexual act, the
testimony of the complainant must be scrutinized with Macaranas. "While we have frequently held that the accused covered her mouth with his own lips so that she
extreme caution; and (3) The evidence for the prosecution uncorroborated testimony of the offended party in cases of could not shout, and yet she was able to shout, "Aray ko po,
must stand or fall on its own merits, and cannot be allowed to this kind may be sufficient under certain circumstances to nanay ko po, tulungan po ninyo ako." [TSN, September 6,
draw strength from the weakness of the evidence for the warrant conviction, yet from the very nature of the charge 1977, pp. 29-30.] Covering the mouth of another with one's
defense. [People v. Quintal, G.R. No. L-49656, November 25, and the ease with which it may be made and the difficulty own lips is certainly not an effective way of preventing the
1983 125 SCRA 734.] which surrounds the accused in disproving it where the point former from shouting. Moreover, for a rapist to cover the
is as to whether the cohabitation was with or without the use mouth of his victim with his own lips is to invite the danger of
Additionally, we have to take note that in this case, the judge of force or threats, it is imperative that such testimony should being bitter by the latter. Yet, Macaranas does not seem to
who heard the evidence for the prosecution is not the same be scrutinized with the greatest caution." [U.S. v. Flores, 26 have taken the opportunity to ward off her assailant. It has
judge who decided the case. It was Judge Serafin Salvador Phil. 262, 268 (1913).] The evidentiary rule is that "in crimes been said that "(a) woman's most precious asset is the purity
who heard the testimonies of complainant and her witness against chastity, the testimony of the injured woman should of her womanhood. She will resist to the last ounce of her
before his retirement. Whereas, it was Judge Romulo not be received with precipitate incredulity; and when the strength any attempt to defile it." [People v. Tapao, 195 Phil.
Quimbo who decided the case relying solely on the conviction depends at any vital point upon her 203 (1981a), 108 SCRA 351, 356.] It seems more likely that,
transcripts of stenographic notes in appreciating Macaranas' uncorroborated testimony, it should not be accepted unless as appellant claims, they were kissing each other as they
and her witness' testimonies. Even as this Court has her sincerity and candor are free from suspicion," [People v. were engaged in the sexual act.
consistently been guided by the precept that findings of trial Estacio, G.R. No. 54221, January 30, 1982, 111 SCRA 537;
courts on credibility of witnesses are accorded great weight People v. Francisco, 192 Phil. 752 (1981), 105 SCRA 516.] Furthermore, her claim that she was able to shout
and must not be disturbed as it was the trial judge who had out loud [TSN, September 6, 1977, p. 34.] does not inspire
the opportunity to observe the demeanor of the witnesses In the case at bar numerous circumstances detract from the belief as no one among the tenants of the other rooms
while they were testifying, this case should be an exception credibility of Macaranas' version of what happened on the (including her very own Comadre Miling who lives in the
in view of the fact that the judge who decided the case is night of April 16, 1976. Thus, the Court has no option but to room almost immediately above complainant's) heard the
NOT the same judge who heard the evidence. [See People v. declare that the prosecution has failed to meet the exacting outcry. In fact, her Comadre Miling testified that when
Escalante, et al., G.R. No. L-371457, August 22, 1984, 131 test of moral certainty and proof of guilt of the accused complainant went to her (Miling's) room at 2 'clock in the
SCRA 237.] Thus, the Court should all the more exercise beyond reasonable doubt. A reversal of the trial court's guilty morning of April 17, 1976, what she (Macaranas) said was
utmost care in evaluating the evidence presented in the verdict is inevitable. that they, meaning complainant and accused, had "lost
instant case so as to render justice not only to the accused, control of themselves." [TSN, September 6, 1978, p. 4.] To
but also to the complainant and the State as well. The conduct of complainant immediately before, during, and lose control of oneself is definitely not the same as to be
subsequent to the alleged rape are not those which might be raped.
To buttress the argument that force was exerted by the reasonably expected of the victim under the circumstances.
accused on the complainant, the Solicitor General relies in [See U.S. v. Flores, supra.] Then too, even after the supposed culprit had turned his back
part on what is claimed to be a medico-legal report which and left, thereby eliminating whatever alleged danger or
allegedly states that contusions and hematoma were found She claims that while she was sleeping with her seven-year threat there was on complainant's life or limb, no outcry was
by Dr. Ampil on complainant's arms and thighs. [Brief for the old daughter, she was awakened when a person was trying heard from the complainant. [See People v. Estacio, supra]
Appellee, p. 8] to pry open her window. That person failed in his attempt to Instead, she claims that she rested for a while, then went up
open the window, so he forced open the door to her room, to her Comadre Miling. [TSN, Sept. 6, 1977, pp. 4-12]
No evidentiary value can be given the alleged medico-legal which is one of three, small rooms on the ground floor of a
report as it was not offered in evidence. 'The court shall two-storey apartment. [TSN, September 6, 1977, pp. 4-6.] The accused lives on the upper-floor of the same two-storey
consider no evidence which has not been formally offered." The normal reaction of any person under such circumstances apartment where complainant lives. It appears from the
[Rule 132, Section 35.] The only exhibit presented by the
evidence that accused went to bed after the sexual Despite complainant's denials, there is ample proof to show
intercourse. It seems unlikely that if one did an act as bestial that Antonio and Macaranas were really sweethearts. Aside
and dastardly as raping a woman, one would go to his room from the testimony of the accused both Felipe VillapaNa and
in the same building as the situs of the crime, and not take Orotencia Salazar, neighbor of Antonio and Macaranas,
precautions from possible reprisal. It seems all the more testified that the conduct of the accused and complainant
unnatural and unbelievable that a woman whose honor had revealed the special relationship between them. Complainant
just been outraged would do nothing to immediately bring the herself admitted that at one time, as she was seated by the
culprit to justice. [See People v. Estacio, supra.] window of her room, the accused passed by and got the ring
she was then wearing and which she inherited from her
In fact, it took six (6) days before complainant decided to deceased husband, and that she had to write him a note as
bring the matter to the attention of the Barangay Captain. the husband's relatives might see the ring on his finger. [TSN,
She went to the Barangay Captain only after she first went to September 6, 1977, pp. 36-40.] The defense claims,
Felipe Villapana uncle of the accused and her own "bilas" however, that the ring was voluntarily given to him by
(her late husband was the brother of Felipe's wife.), to ask complainant as "prenda" or as a token of their love and
Felipe to talk to the accused so that the latter would marry affection for each other. [TSN, August 7, 1979, pp. 13-14.]
her. Complainant has not offered any satisfactory explanation
for the delay. In previous occasions, the Court had expressed Granting that accused indeed grabbed the ring from
suspicion when the complainant failed to denounce her complainant's finger, it can only be that accused had the
assailant at once. [People v. Jervoso, G.R. No. L-46530, courage to do so because there was some friendly
September 29, 1983, 124 SCRA 765; People v. Torio, G.R. relationship between them. For a close neighbor does not
No. L-48731, December 21, 1983, 126 SCRA 265.] just grab a ring from one's finger except for a special reason.

Furthermore, complainant's demeanor at the witness stand Given their closeness to one another, it is not unlikely that
has also betrayed her insincerity. Her conduct while testifying they "lost control of themselves," as complainant herself is
on what was supposed to have been a most harrowing said to have put it.
experience is revealed in this excerpt:
Appellant would not, however, marry the complainant until
ATTY. MANALO such time that he has regular employment. [TSN, May 21,
1978, p. 10.] The defense claims that his unwillingness to
May I make of record marry her after she had given him everything prompted the
that while witness is institution of this criminal case.
testifying she is smiling,
you Honor. WHEREFORE, the decision of the trial court is hereby
REVERSED. Accused-appellant is hereby ACQUITTED of
COURT: the charge against him. No costs.

Make it of record as a SO ORDERED.

manifestation. [TSN,
Sept. 6, 1977, p, 17]

The foregoing circumstances more than suffice to cast doubt

on the credibility of Macaranas. The theory of the prosecution
does not inspire belief. Conversely, appellant's version gains
more credence.
G.R. Nos. L-44859-60 April 27, 1984 Contrary to law. (Ibid.). The ground floor of Balbuena's
apartment was formerly a billiard hall but
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, CRIMINAL CASE NO. C-6849 (75) t.hqw was no longer used as such (p. 10, t.s.n.,
vs. Id.). Inside the billiard hall where the
ABELARDO BALBUENA and JUANITO That on or about the 28th day of August, drinking party was held, Torres introduced
TORRES, accused-appellants. 1975, in the City of Caloocan, Philippines Balbuena to Elvira Polintan (lbid.). Aside
and within the jurisdiction of this Honorable from the two appellants and Elvira Polintan
The Solicitor General for plaintiff-appellee. Court, the said accused Juanito Torres y there were three other male persons in the
Villanueva, conspiring and confederating group (p. 2, t.s.n., Id.). They drank gin.
with Abelardo Balbuena y Garcia, by (lbid.)
Luciano D. Valencia for accused-appellants.
means of force, did then and there willfully,
unlawfully and feloniously have carnal After Elvira Polintan consumed a half glass
knowledge of the complainant Elvira of gin, she felt dizzy (Ibid.). She asked
Polintan against the latter's win and permission from the group that she would
GUERRERO, J.:+.wph!1 take a rest. She lay down in a bench inside
consent.
the billiard hall (p. 5, t.s.n., Feb. 24, 1976).
Appeal from the decision of the Court of First Instance of Then, appellant Balbuena undressed the
Contrary to law.
Rizal, Branch XII, Caloocan City, promulgated on August 6, complainant by removing her pants and
1976, in Criminal Cases Nos. C-6848 (75) and C-6849 (75) briefs (pp. 4, 19, 21, t.s.n., Id.) and spread
convicting herein accused Abelardo Balbuena and Juanito Upon arraignment, both accused, assisted by counsel,
her legs wide apart (p. 22, t.s.n., Id.). At
Torres for the crime of RAPE and sentencing each of them to waived the reading of the information and entered the plea of
this juncture, appellant Torres was holding
suffer in each case the penalty of reclusion perpetua and to not guilty. Upon motion of the Fiscal, on the ground that the
Elvira's hands. Balbuena then went on top
pay the costs. complainant in both cases is one and the same person, the
of the billiard table (p. 16, t.s.n., Feb. 24,
court conducted a joint trial of the two cases.
1976). In the meantime, complainant feebly
The two separate informations dated November 20, 1975 tried to extricate herself even as appellant
filed by Asst. City Fiscal Romeo C. Cortes upon the The evidence of the prosecution as summarized in the Balbuena kept on threatening her and her
complaint of the offended party, Elvira Polintan, single, 20 People's Brief established that: t.hqw family with death if she would not yield her
years of age, a senior criminology student of the Philippine body to him (Ibid.). Finally, Balbuena
College of Criminology, against the two accused, read as On August 28, 1975, at around 10:00 succeeded in having carnal knowledge
follows: o'clock in the evening, complainant Elvira with complainant (pp. 22-23, t.s.n., Id.).
Polintan was in an apartment located at P.
CRIMINAL CASE NO. C-6848 (75) t.hqw Zamora St., Caloocan City, talking with After appellant Balbuena had satisfied his
appellant Juanito Torres, a friend of long lustful desires, he went down the billiard
standing (pp. 1-2, t.s.n., Feb. 10, 1976). table. Immediately thereafter, appellant
That on or about the 28th day of August,
After a while, some friends of Torres Torres went up the billiard table. Appellant
1975, in the City of Caloocan, Philippines,
arrived. Torres and his friends agreed to Balbuena held complainant's hands (p. 4,
and within the jurisdiction of this Honorable
drink liquor. They invited Elvira Polintan to t.s.n., Feb. 16, 1976). Despite
Court, the said accused Abelardo
join them (p. 2, t.s.n., Id.). Because Elvira complainant's continued struggle by
Balbuena y Garcia, conspiring and
had not seen appellant Torres for quite twisting her body and kicking her feet, she
confederating with Juanito Torres y
sometime, she accepted the invitation. simply could not overpower the appellants,
Villanueva, by means of force, did then and
They decided to hold the drinking party at so that appellant Torres also succeeded in
there wilfully, unlawfully and feloniously
the apartment of appellant Abelardo consummating the sexual act with her (p.
have carnal knowledge of the complainant
Balbuena which was also situated at P. 5, t.s.n., Id.). In the course of the sexual
Elvira Polintan against the latter's win and
Zamora St., Caloocan City, and adjacent to act, appellant Balbuena covered the mouth
consent.
the house of appellant Juanito Torres of complainant to prevent her from
shouting (p. 5, t.s.n., Id.). After she was No evident sign of Accused Juanito Torres testified that he had known, the
raped, she sat down on the corner and extragenital physical complainant for the past three years prior to the alleged
cried. Appellant Balbuena told her injury noted on the body commission of rape as she used to be with him in going
"remember what I told you (referring to the of the subject. places and having occasional drinking sprees of beer, gin
threat that he will kill complainant and her and coke, "pagka may katuwaan", with a group of male
parents)." (Ibid.). After about five minutes Genital Examination: t.hqw companions; 2 that at about 4:00 o'clock in the afternoon of
and when the attention of the appellants August 28, 1975, he saw complainant and requested her to
were distracted, complainant ran away and Pubic hairs, fully grown accompany him to his cousin who resides at Gen. Luna
proceeded to her house. (Ibid.). and abundant. Labia Street, Caloocan City, to request his cousin to write a letter
majora and minora both for him, and she acceded to come along; 3 that however, he
On October 19, 1975, she related her sad gaping. Fourchette, lax went alone to see his cousin while complainant stayed
experience to her mother (p. 7, t.s.n., Feb. Vestibular mucosa, behind at the fire department and then he went home without
10, 1976). The following day, October 20, pinkish. Hymen, thick, her at about 6:00 o'clock in the afternoon of the same day. 4
1975, she went to the police headquarters moderately wide, with
at Caloocan City and gave a statement multiple natural notches In denying any participation in the rape charge, accused
(Exhibit "A") narrating the incident of and a healed superficial Torres disclaimed his presence at the drinking party held
August 28, 1975 (p. 6, t.s.n., Id.). Also on laceration at 5:00 o'clock inside the billiard hall. He denied that he usually drives a
October 20, 1975, she filed a complaint position corresponding to public utility jeepney from the corner of 10th Avenue, Rizal
(Exhibits "B" and "C") for rape in the City the face of the watch; Avenue Extension, up to Biglang-Awa from 6:00 o'clock in the
Fiscal's Office at Caloocan City against the edges beginning to evening up to 12:00 o'clock midnight. 5 He declared further
appellants. round up and hardly that complainant, a tomboy, had a previous amorous relation
coeptable Hymenal with his cousin, Rhodora Torres, and that she maintains a
On the same date, complainant was orifice originally annular grudge against him for advising his cousin to part ways with
examined by Dr. Maximo Reyes, medico- and admits a tube 3.0 her which resulted in the separation of his cousin and the
legal officer of the National Bureau of cm. in diameter with complainant. 6 He said that after August 28, 1975, he had on
Investigation who issued a medical moderate resistance. seven or nine occasions seen the complainant who when
certificate (Exhibit "D", p. 46, rec.) with the Rugosities, shallow, and greeted simply ignored him. 7
following findings: vaginal walls lax.
On the other hand, accused Abelardo Balbuena also denied
General Physical Examination: t. CONCLUSIONS: t.hqw the accusation of rape against him and his participation at the
hqw drinking spree with complainant. He testified that he first met
1. No evident sign of complainant upon being introduced to each other on August
Height: 156 cm. Weight: extragenital physical 28, 1975 at his father's billiard hall situated at P. Zamora
96 lbs. injury noted on the body Street, Caloocan City; that after conversing with her for about
of the subject. five minutes, he left complainant in the company of three
male companions and that they had a drinking spree at the
Normally developed,
billiard hall. They went to the upper floor of their house to eat
fairly nourished, 2. She could have had
supper and only came down later to ask her and her
conscious, coherent, sexual intercourse with a
companions what time they would leave the house, to which
cooperative subject. man on or about the
she answered that it would not take long, and immediately
alleged date of
thereafter he went upstairs again to do something else. 8
Breast fully developed, commission. 1
hemispherical and soft.
As indicated earlier, both accused were found guilty and
Areola, dark brown, 3.0 Both accused-appellants rest their defense on denial and
sentenced in each case to suffer the penalty of reclusion
cm. in diameter. alibi.
perpetua and to pay the costs.
Appealing to this Court, accused-appellants submit the drawn out trial scandalizing the family's good name and these persons from the commission of the
following assignment of errors:t.hqw honor. offense. (See CFI Decision)

I It is quite true that the unexplained delay in the filing of a And neither the absence of any injury being noted in the
criminal complaint for rape may result in an adverse medical certificate nor that her dress or underwear was not
The lower court erred in not declaring inference against the complainant's sincerity and credibility, torn supports appellants' submission that complainant is an
Elvira Polintan as an incredible as in People vs. Pimentel, 118 SCRA 695, where the formal incredible witness. The absence of any injury is explained by
complaining witness in her narration of complaint was lodged against appellant after the lapse of 39 the fact that the physical examination of the victim was made
being raped by the accused. days and the Court said it taxes one's credibility that after more than one month had elapsed from the commission
complainant could be able, after a long period of time, to of the crime and moreover, We find no evidence that
II feign a composed and serene posture after the harrowing complainant was injured in her struggle to resist the acts of
experience she had undergone. But that is not true in the the accused. And there was no torn dress or underwear
instant case. The victim herein has rendered a credible and because she was then wearing pants and brief at the time of
The lower court erred in not declaring
satisfactory account for her delay in reporting the incident to the incident. 12
Elvira Polintan as a willing victim in the
her mother and in seeking the help of the authorities. The
crime of rape, hence, the element of force
complainant unequivocably testified that she was fearful over The general rule on the credibility of the victim's testimony in
is absolutely wanting.
the threats of the accused-appellants that they would kill her a rape case is well-stated in People vs. Pimentel, 118 SCRA
and her parents should she report the matter to the police, 695 where the Court, speaking through Justice Escolin, held
In raising the first assigned error, appellants contend that the especially so since she resides near the houses of the as follows: t.hqw
lower court should have declared complainant Elvira Polintan accused-appellants and she has to pass their houses in
as an incredible witness in her narration of being raped by going out. 9 She also expressed her worry that her ongoing
the accused, pointing out that there was a delay of more than In weighing the testimony of the
classes at school would be disrupted upon her filing of the complainant in an accusation for rape, the
one month before the incident was reported to the police complaint. 10 The fear and the shock engendered by the
authorities; that complainant used to go with male friends, rule often applied by the courts is that the
threats as well as her desire to avoid further shame is more testimony of the victim, whose chastity has
imbibing alcoholic beverages; that no bodily injuries were than sufficient to restrain the offended party from immediately
noted in the medical certificate (Exhibit "D"); that her dress or not been questioned, is generally accorded
exposing her sad experience. 11 credence because such offended party
underwear was not torn and that she was able to give a
detailed description of what transpired during the night would not have fabricated facts that could
We reject appellants' contention that complainant Elvira bring shame and dishonor on her. Nor
including the acts and movements of the appellants.
Polintan is an incredible witness because she used to go with would she disclose her humiliating
male friends, imbibing alcoholic beverages. This is not experience at a public trial, and thus give
On the question of delay which the defense submits to be unusual, considering that complainant is admittedly a rise to gossip and slander, unless her
construed to mean that the Court should doubt the very "'tomboy". As observed by the trial court, the demeanor of the motive was to bring to justice the person
existence of the commission of the crime, We agree and complainant at the witness stand shows: t.hqw who grievously wronged her.
affirm the ruling of the trial court that the delay in filing the
complaint was reasonable. The reasoning of the Court that
Admittedly, the complainant is a 'tomboy'. Such a rule has been established because the detestable
"(i)t is not easy for a Filipina to easily decide whether to come
Her appearance is most revealing. She is crime of rape in which a man shows his most heinous side is
out in the open in a situation where public contempt and
not exactly ugly. These considerations one of the hardest to prove. Indeed, the testimony of the
ridicule would result in the prosecution of a case. The very
notwithstanding, and perusing the victim most often is the only one available to prove directly its
fact that she came forward in the case is persuasion that the
background leading to the incidents in commission and corroboration by other witnesses would in
act had been committed. The complainant stands to gain
question, it cannot be disputed that the two certain cases place a serious doubt as to the probability of its
nothing with her revelation and the consequent punishment
accused were at the time of the incident, commission. When a woman testifies that she has been
of the accused," is well-grounded, considering the inate
drunk. Such being their state, it is not- raped, she says all that need to be said to signify that this
modesty of Filipina womanhood and the inherent reluctance
improbable to say that the physical crime has been committed. (U.S. vs. Ramos, 1 Phil. 81).
of the Filipino family to be exposed to the rigors of a long
appearance of the woman would not bar
In its decision, the trial court said that it "has gone at length with the complainant on August 28, 1975 at about 4:00
with the testimony of Elvira Polintan in order to determine o'clock in the afternoon and not in the evening, is itself belied
whether the same is conclusive, logical and probable. The by the other accused Balbuena who admitted that Torres was
complainant when she testified before the court to narrate present at the drinking spree on August 28, 1975. And in
what had happened on the night of August 28, 1975, addition to the above contradiction, the defense of the
appeared to be credible as a witness, and her account of the accused is wanting in material corroboration.
incident likewise left in the judicial mind an affirmative answer
whether a woman of complainant's stature could be the As to the second assigned error, We find the same to be
object of this heinous offense." The court further added: without merit. Complainant is a "tomboy" and as such, she is
"Then too, the complainant narrated the incident in a straight sexually attracted to persons of her own sex rather than to
forward and convincing manner and despite the lengthy the male specie. She would not willingly submit herself to a
cross-examination to which she has been put too, she was sexual intercourse with a male person as suggested by the
steadfast in the fact that she was the victim of rape. appellants. The evidence is clear that appellants employed
Moreover, the very fact that she came out forward in this force in consummating the crime of rape. From the bench
case is in itself a silent but persuasive evidence of an outrage where she was lying down, she was pulled to the billiard
done upon her honor. Considering these "evidences on table and bodily raised on top of the table where she was
record," there is nothing in the defense evidence which points forced to lie down. Both accused held her at the wrist and
out convincingly why Elvira Polintan should "corrupt the truth one of them held her by the feet. She fought and struggled
and put the lives of these two accused in jeopardy." with them (nagpapapalag). On top of the billiard table, Torres
held both of her hands while Balbuena laid on top of her and
This finding of the trial court on the credibility of the sexually abused her. After that, Balbuena went down from the
complaining witness is entitled to the highest respect upon table and Torres climbed while the other held both of the
this Tribunal, and We will not disturb the same. victim's hands and similarly, Torres was able to rape her.

Moreover, We find no reason, and none is advanced by That the guilt of the accused for the crime of rape has been
appellant Balbuena why complainant should implicate him in proved beyond reasonable doubt is clear and the decision
the case considering that he came to know the complainant being in accordance with law and the evidence, the same
for the first time during the incident. The motive imputed by must be affirmed.
appellant Torres to the complainant in implicating the
appellant in the charge of rape which is that Torres told his WHEREFORE, IN VIEW OF ALL THE FOREGOING, the
cousin, Rhodora Torres, to sever her relationship with judgment of conviction against the accused-
complainant, is indeed too flimsy to be accepted because the appellants Abelardo Balbuena y Garcia and Juanito Torres v
crime of rape exposes not only the accused but also the Villanueva and the penalty of reclusion perpetua in Criminal
complainant to public ridicule and shame. Case No. C-6848 and Criminal Case No. C-6849 for each of
the accused is hereby AFFIRMED. Costs de oficio.
We agree with the trial court in its conclusion that "(t)he sum
total of all the foregoing considerations is the fact that the SO ORDERED
court believes that essential elements constitutive of the
crime of rape had been established by the prosecution
peradventure of doubt."

The defense of the accused is one of denial as pointed out

earlier in this decision, which is inherently weak, and more
than that, the testimony of the accused Torres that he was
G.R. No. 91490 May 6, 1991 xxx xxx xxx A Yes, sir, she told me that she was invited by her
Kuya Delfin to the bathroom.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, FISCAL:
vs. Q And what else did she tell you?
DELFIN CASTRO y LOZADA, defendant-appellant. xxx xxx xxx
A She told me that she was asked by her Kuya to
The Solicitor General for plaintiff-appellee. Q Now, what was the reason why your husband stand on top of the toilet bowl and he removed her
Eduardo I. Advincula for defendant-appellant. called you? panty and his (sic) Kuya Delfin also removed his
pants.
A He asked me to fine out why my granddaughter
does not want to eat and just keeps on crying. Q What else did she tell you?

PADILLA, J.: Q And what did you do wen (sic) your husband told A She told me that his (sic) Kuya Delfin had sexual
you to see your granddaughter? intercourse with her.
This is an appeal interposed by the accused, Delfin Castro y
Lozada, from the decision* of the Regional Trial Court of A I went upstairs and found out what was wring (sic) COURT:
Pasay City, Branch 110, imposing upon him the penalty with her whether she has fever.
of reclusion perpetua for statutory rape defined under Art. Q Did you ask Diane Castro how Delfin allegedly
335, paragraph 3 of the Revised Penal Code. had sexual intercourse with her?
Q And what did you find out

On the witness stand, six (6) year old Diana Rose Castro A Yes, Your Honor.
A At first she said she was complaining that her
narrated how, while playing with a neighbor sometime on 4
private property was painful and when I investigated
October 1986, she was pulled by the accused inside a
I discovered that it swollen (sic). Q What did she answer?
bathroom, prevented from going out, and made to stand on
the toilet bowl. Accused is a first cousin of Diana Rose's
mother. Kuya Delfin, as Diana Rose referred to the accused, Q Then what happened after you found out that the A She was standing and she was made to lean on
then put up her clothes, took off her panty, made her lean on private property of your granddaughter was the wall, Your Honor. . .
the wall and, despite her efforts to pull away he inserted his swollen?
private part into her causing pain. Then she was told by the Because of Diana's revelation, the grandmother brought her
accused to go home. At home, she refused to have her A I asked her why. to the National Bureau of Investigation for examination on 8
private part washed by her Auntie Alice because it was October 1986. 3
hurting and painful. 1
Q (sic). And what did your granddaughter tell you?
Dr. Roberto Garcia, the NBI medico-legal, had this
Mrs. Jacinta Castro, Diana's grandmother, testified that on 6 explanation:
A At first she told me that "nasabit sa hiyero."
October 1986, in her house at No. 1692, F. Muoz, Tramo,
Pasay City, she was asked by her husband to find out why
Q And what did you do after that? xxx xxx xxx
Diana was crying. Her testimony follows. 2

xxx xxx xxx A Under the single heading of "genital examination"

COURT:
the more insignificant findings will be the contused
or bruised vetibular (sic) meaning the area inside
Q Was there anything unusual that happened on A What I did was to examine her carefully her the genital organ of the subject person; the hymen
Oct. 6 particularly in your house? private part; I lifted her two (2) legs and I discovered of the subject person was noted to be bruised or
that her private property was reddened as swollen. contused . . .
A On Oct. 6 I was downstairs and there was a call
by my husband. Q Did you ask her again what happened to her
private property?
 Q Now what do you mean when you say that the A sworn complaint for rape was filed against Delfin Castro y Since he could no longer stand the torture, he told them that
genital parts you mentioned were contused or Lozada. It charged as follows: he used his small finger to touch her private part. 10 After the
bruised? incident, Delfin left their house in order to avoid trouble;
That on or about the 4th day of October, 1986 in occasionally he would visit his parents. 11
A The area was noted to be purplish or red darker Pasay City, Philippines and within the jurisdiction of
than the normal appearance of the said portion tills Honorable Court, the above named accused, Finding the testimony of Diana positive, clear and credible,
being bruised or contused it would mean that this Delfin Castro y Lozada, with lewd designs and the Regional Trial Court disregarded the alibi of the accused
particular portion was subject to some amount of taking advantage of his moral ascendancy over the and convicted him. The trial court, inter alia, stated:
force or it could have come in contact with a hard undersigned complainant who is his niece, did then
object, the contract must have been done with a and there wilfully, unlawfully and feloniously have . . . The accused's claim that he was, in the morning
certain amount of force. sexual intercourse with or carnal knowledge of the of October 4, 1986, at Adamson University waiting
undersigned. 5 for his term paper engenders disbelief. By his
Q Under No. 2 of the conclusion of this report it evidence, he was enrolled at the Adamson
reads"signs of recent genital trauma, present, Accused pleaded not guilty and posted bail for his provisional University for the second semester of school 1986-
consistent with the alleged date of infliction." liberty. 1987 classes for which usually start in October.
Term papers are usually submitted at the end of the
Would you explain this? Delfin's alibi begins on 3 October 1986 in 1692 Muoz, semester, not at the beginning of the semester. In
Pasay City, where he lives two (2) houses away from any event, Delfin was not shown that it was
complainant's.1wphi1 At about 12:00 P.M., Diana went to physically impossible for him to be at the place of
This witness meant that the appearance of the the incident on October 4, 1986 as, by his evidence,
genital or prior of those mentioned was seen by this his house while he was taking a bath. She was crying and
went inside the bathroom. When asked by the accused why, he returned to his house after noontime, rested for a
witness which brought about the trauma and that it while, then left and returned again in the afternoon.
has to be recent, meaning it could have been she replied that while going down the stairs, a dog whose two
(2) hind legs were limping, chased her and so she tripped. His suggestion that Diana's genital bruises could
sustained by the subject person in a matter of days have resulted from trippling down the stairs when
prior to the date of the examination. The accused told Diana to go out because their dog might
bite her. He proceeded to dress up and saw the victim she was chased by a limping dog is ridiculous. A
playing outside. dog whose two hind legs are limping chasing her
A Now, was the hymen of the subject lacerated? (where did the dog come from?) while she
was going down the stairs? Granted that were
In the morning of 4 October 1986, he woke up at about possible or that actually happened, the fall would
A No, sir. quarter to seven, 6 left the house at 7:30 7 took a jeep plying cause abrasions, not hymenal contusions. Finally
the Pasay-Taft- Luneta route, arrived in school (Adamson the defense's insinuation that Diana's grandmother
Q Now this genital trauma which you said to have University) at 8:15 in the morning. He proceeded to see Jacinta who was pictured to be supercilious and
been suffered by the subject from what could this Dolores Rivera, a godsister who worked in the treasurer's envious was behind the filing of this case is difficult
injury or trauman (sic), what was the cause? office of the university to ask the latter to type a term paper to believe, there being no concrete proof thereof.
which was due that day. After submitting the term paper, he Besides, it would be unthinkable for Jacinta to
A Any hard object would have produced this bruise treated his godsister to lunch. Around 1:00 o'clock in the alienate her relations with all her in-laws, the
or contusion. afternoon, he went home. Castros, who are staying in different houses of the
same compound, by fabricating a charge against
Mrs. Teresita Castro's testimony dovetails with her son the accused.
Q Now, this is a case of rape, Doctor, would you
venture to state from what object this could have Delfin's saying that at around 12:30 P.M. on 4 October 1986,
been inflicted? he arrived and ate lunch at home. 8 Mother and son talked of Finally, the accused's flight from his house after the
enmity between Mrs. Jacinta Castro, Diana's grandmother filing of the present case is not consistent with his
and their family. This rape case against Delfin is a result professed innocence. He did not, according to him,
A Under the normal course of events injuries of this allegedly of the envy of Diana's said grandmother over his have any good relationship with Diana's
nature involving this particular portion of the body of (Delfin's) fine scholastic performance. 9 grandmother even before October 4, 1986. So what
a female or woman is produced by the insertion of a
was he fleeing from? His answer, that he wanted to
male organ. 4
Delfin further narrated that on or about 8 October 1986, he avoid trouble, tells it all . . .
was invited to the Pasay Police Headquarters for
xxx xxx xxx questioning.1wphi1 While there, he was asked to undress, xxx xxx xxx
was blindfolded and beaten by around 7 to 10 policemen for
about half an hour and made to admit that he raped Diana.
From the said decision sentencing him to suffer the penalty Sexual intercourse in a standing position, while perhaps the exhibits attesting to his enrollment at Adamson University
of reclusion perpetua and indemnify the victim in the amount uncomfortable, is not improbable. The RTC decision where he was supposed to have submitted in the morning of
of P20,000.00 by way of damages, the accused appealed to explained: 4 October 1986 a term paper. His credibility is dubious; he
this Court pointing out the following alleged errors: was not able to even identify the topic of his alleged term
. . . For her account that she was made to stand on paper. To discredit the victim he testified on her alleged
1. there is no rape because the toilet bowl made it easy for the accused to do propensity to tell lies. 17 The trial court, however, categorically
the act as she was too small and their private parts held:
a. the hymen of the victim was not lacerated. would not align unless she was elevated to a higher
position. The suggestion of the defense counsel that While Diana's testimony was in some instances
a finger could have been used is absurd. For if it flawed, the flaw was minor and only with respect to
b. the victim was allegedly standing while the crime were only a finger there would have been no need dates.1wphi1 She is a young girl. She sat at the
was being committed. to let Diana stand on the toilet bowl.. . . 14 witness stand four times, yet she survived the rigors
of testifying, unwavering in her claim that she was
c. the victim is still a virgin. The Solicitor General's brief, in turn, asserts that the position raped. 18
Diana was forced to take, made it easier for appellant to
2. reliance on the conflicting testimony of the victim and not accomplish insertion of his organ than if Diana had been Accused-appellant claims he was coerced and tortured by
that of the accused. made to lie down. 15 Pasay policemen to admit the rape, showing to the trial court
bodily signs of said abuse. 19 Aside from his self-serving
A recent decision of this Court in a case of statutory rape Experience has shown that unfounded charges of rape have assertion, the truth of such allegation was not proven.
observed that, usually, the average adult's hymen measures frequently been proffered by women actuated by some Besides, this allegedly coerced admission of guilt cannot
2.8 to 3 centimeters in diameter, making it compatible with, or sinister, ulterior or undisclosed motive. Convictions in such affect the prosecution's case which has been established by
easily penetrable by an average size penis. The victim being cases should not be sustained without clear and convincing other positive evidence pointing to his guilt beyond
of tender age, the penetration of the male organ could go proof of guilt, 16 considering the gravity of the offense and the reasonable doubt.
only as deep as the labia. In any case, for rape to be penalty it carries.
committed, full penetration is not required. It is enough that Finding no reversible error in the decision subject of this
there is proof of entrance of the male organ within the labia On the alleged sinister motive of Diana's grandmother appeal, we affirm the same in its entirety.
or pudendum of the female organ. Even the slightest engendered by envy, we find this incredulous. For, what
penetration is sufficient to consummate the crime of rape. 12 grandmother would exact vengeance on her enemies at the WHEREFORE, the decision is AFFIRMED. Accused-
perpetual humiliation and disrepute of her six (6) year old appellant is sentenced to suffer the penalty of reclusion
Perfect penetration, rupture of the hymen or laceration of the granddaughter? perpetua and to indemnify the victim, Diana Rose Castro in
vagina are not essential for the offense of consummated the amount of P30,000.00 in line with prevailing
rape. Entry, to the least extent, of the labia or lips of the Finally, the issue of credibility. Who among the contending jurisprudence. Costs against the appellant.
female organ is sufficient. 13 Diana's remaining a virgin does parties is telling the truth? The prosecution's evidence is
not negate rape. simple and straightforward. Appellant's alibi must fall. Claims SO ORDERED.
of his scholastic achievements, assuming they are relevant,
were unsubstantiated. His counsel did not even formally offer