12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

346 SUPREME COURT REPORTS ANNOTATED

People vs. Dulay

*
G.R. Nos. 144082-83. April 18, 2002.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

FAUSTINO DULAY @ “FAUS”, accused-appellant.

Criminal Law; Rape; Evidence; Court has consistently held

that when a woman, more so if she is a minor, says that she has
been raped, she says in effect all that is necessary to show that
rape was committed.—Complainant, who was only 10 years old
when she testified, was candid and straightforward in her version
of the facts. She was not shown to have the shrewdness and
callousness of a woman who would concoct such a story and
endure physical examination and public trial if her story were
untrue. The Court has consistently held that when a woman,
more so if she is a minor, says that she has been raped, she says
in effect all that is necessary to show that rape was committed.
Same; Same; Same; It is highly improbable that they would
concoct a story of defloration, allow an examination of
complainant’s private parts and submit her to public humiliation
and scrutiny via an open trial, if her sordid tale was not true and
their sole motivation was not to have the culprit apprehended and
punished.—The Court sees no reason to depart from the
conclusions of the trial court whose findings of facts are accorded
great respect, being in the unique position to observe the
demeanor, act, conduct, and attitude of the witnesses in court
while testifying. Verily, the trial court correctly disregarded the ill
motive imputed by accused-appellant on the relatives of the
complainant. It is highly improbable that they would concoct a
story of defloration, allow an examination of complainant’s private
parts and submit her to public humiliation and scrutiny via an
open trial, if her sordid tale was not true and their sole motivation
was not to have the culprit apprehended and punished.
Same; Same; Same; In rape committed by a father or a person
recognized by the victim as her father the former’s moral
ascendancy and influence over the latter substitutes for violence
and intimidation.—The prosecution need not prove the element of
force and intimidation in the case at bar. In rape committed by a

http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 1/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

father or a person recognized by the victim as her father, as in the

present case, the former’s moral ascendancy and influence over
the latter substitutes for violence and intimidation. In People v.
Pagdayawon, the Court held that ascendancy or influence
necessarily flows from the father’s parental authority, which the
Constitution

______________

* FIRST DIVISION.

347

VOL. 381, APRIL 18, 2002 347

People vs. Dulay

and the laws recognize, support and enhance, as well as from the
children’s duty to obey and observe reverence and respect towards
their parents.
Same; Same; Same; Not every victim of a crime can be
expected to act reasonably and conformably to the usual
expectations of everyone; People may react differently to the same
situation.—The Court is likewise not convinced that the
actuations of the complainant after the rape belies the
commission of rape. Her alleged good relationship with accused-
appellant even after the rape will not acquit him of the rape
charge. Not every victim of a crime can be expected to act
reasonably and conformably to the usual expectations of everyone.
People may react differently to the same situation, as what
complainant did. At the tender age of 9, complainant cannot be
expected to react as an adult and realize the repercussions of the
wrong committed upon her by the man she considered as her
father.
Same; Same; Same; Penetration of the penis by the entry into
the lips of the female organ even without rupture or laceration of
the hymen suffices to warrant conviction for rape.—There is no
merit in the contention of accused-appellant that the absence of
severe injury on the genitalia of the complainant disproves the
fact of rape. It should be stressed that injury in the genitalia of
the victim and the size of accused-appellant’s penis, who had the
audacity to flaunt it before the trial court, are immaterial in a
charge of rape. Full penetration is not required to sustain the
conviction of rape, and it is enough that there be entrance of the
male organ within the labia of the pudendum of the female organ.
http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 2/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

In fact, penetration of the penis by the entry into the lips of the
female organ even without rupture or laceration of the hymen
suffices to warrant conviction for rape.

APPEAL from a decision of the Regional Trial Court of

Urdaneta City, Br. 46.

The facts are stated in the opinion of the Court.

      The Solicitor General for plaintiff-appellee.
      Public Attorney’s Office for accused-appellant.

YNARES-SANTIAGO, J.:
1
This is an appeal from the decision of the Regional Trial
Court of Urdaneta City, Branch 46, in Criminal Case No.
U-10305, con-

______________

1 Penned by Judge Modesto C. Juanson.

348

348 SUPREME COURT REPORTS ANNOTATED

People vs. Dulay

victing accused-appellant of the crime of rape, sentencing

him to suffer the penalty of reclusion perpetua and ordering
him to pay the victim the amounts of P50,000.00 as moral
damages and P25,000.00 as exemplary damages.
Accused-appellant was originally charged with rape in
Criminal Case No. U-10305, and sexual assault in Criminal
Case No. U-10306, defined in Articles 266-B, and 266-A,
paragraph (2), respectively, of the Revised Penal Code as
amended by Republic Act No. 8353. He was acquitted in
Criminal Case No. U-10306 for sexual assault but was
convicted for simple rape in Criminal Case No. U-10305
under an Information which reads:

“That in January, 1999, or thereabout, at Poblacion, Binalonan,

Pangasinan and within the jurisdiction of this Honorable Court,
the above-named accused, who well knew that he was afflicted
with Gonorrhea, a sexually transmitted disease, common-law
husband of Cresencia Olimpo, the adoptive mother of herein
complainant Princess Diana Olimpo, a minor, 9 years of age,
through threat and intimidation, did then and there wilfully,
unlawfully and feloniously have sexual intercourse with said
complainant who was transmitted with Gonorrhea as a
consequence, against her will, to her damage and prejudice.
http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 3/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

CONTRARY to Article 255-A, (sic) par. 1, in relation to Article

266-B, pars. 1 and 6, Revised
2
Penal Code, as amended by Republic
Act Nos. 7659 and 8353.”

Upon arraignment on November 3

11, 1999, accused-
appellant pleaded not guilty. Trial thereafter followed.
The facts show that complainant, Princess Diana
Olimpo, is the biological child of Lolita Cervesa. After her
birth on September 21, 1989, complainant was entrusted to
Gloria Olimpo and her common-law spouse, accused-
appellant Faustino Dulay. Complainant was thereafter
registered in the Office of the Civil Registrar of Villasis,
Pangasinan, as the child of Cresencia Olimpo and accused-
appellant Faustino Dulay. In July 1998, Gloria Olimpo flew
to the United States and left the complainant with her
sister-in-law, Juanita Fariñas. Accused-appellant, however,
took custody of

______________

2 Records, p. 1.
3 Records, p. 69.

349

VOL. 381, APRIL 18, 2002 349

People vs. Dulay

complainant4 and brought her to Poblacion, Binalonan,

Pangasinan.
Sometime in January 1999, when the victim was nine
(9) years of age, accused-appellant fingered her anus and
inserted his penis into her vagina many times, causing her
to feel pain. The victim narrated the incident to Gloria’s
son, Donald Olimpo, who 5
in turn relayed the matter to her
sister, Cristy Olimpo. Consequently, the victim was
examined and was found to be suffering from gonorrhea.
Further examination yielded the following results:

S/S: Patient is conscious, coherent, F/N, F/D well kept.

Breast: Infantile, symmetrical, non tender.
Genitalia:
     Pubic hair: none
     Labia majora/Labia minora: well coaptated
     Hymen: (+) deep healed laceration at 9 o’clock position
          Vaginal Orifice: (+) erythema admits tip of 5th finger
examin 6
     ing with resistance.

http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 4/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

In his defense, accused-appellant vehemently denied the

accusations against him and insinuated
7
that it was Donald
Olimpo who molested the victim. He stressed that if he
indeed raped the victim, her sex organ would have been
severely injured considering the size of his penis. To bolster
his claim, he requested the court to examine his sex organ.
Upon ocular inspection, the trial court found that there
were embedded therein 3 pellets; and the same measures 6
inches8 in length and 2 inches in diameter when not fully
erect. The defense, likewise, proffered the theory that the
rape charge was a mere fabrication of Gloria Olimpo’s
relatives who were opposed to his relationship with the
latter.
On May 15, 2000, the trial court rendered the assailed
decision. The dispositive portion thereof states:

______________

4 TSN, December 15, 1999, pp. 2-7 and Exhibit “F”, Records, p. 104.
5 Ibid., December 7, 1999, pp. 2-6.
6 Exhibit “A”, Records, p. 20.
7 TSN, March 7, 2000, pp. 10-11.
8 Ibid., pp. 12-13.

350

350 SUPREME COURT REPORTS ANNOTATED

People vs. Dulay

“WHEREFORE, JUDGMENT is hereby rendered:

1. In CRIM. CASE NO. U-10305, CONVICTING FAUSTINO

DULAY @ “FAUS” of the crime of Simple Rape, and the
Court sentences Faustino Dulay @ “Faus” to suffer the
penalty of Reclusion Perpetua; to indemnify Princess
Olimpo the sum of P50,000.00 as moral damages and
further sum of P25,000.00 as exemplary damages.
2. In CRIM. CASE NO. U-103506, ACQUITTING
FAUSTINO DULAY @ “FAUS” of the crime of Rape for
failure of the prosecution to prove his guilt beyond
reasonable doubt.

The Branch Clerk of Court is hereby ordered to prepare the

mittimus.
The Jail Warden, Bureau of Jail Management and Penology,
Urdaneta District Jail, Urdaneta City, is hereby ordered to
deliver the person of Faustino Dulay @ “Faus” to the National

http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 5/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

Bilibid Prisons, Muntinlupa City, immediately upon receipt of

this Decision. 9
SO ORDERED.”

Accused-appellant appealed his conviction for rape in

Criminal Case No. U-10305, on the following assignment of
errors:

THE TRIAL COURT ERRED IN NOT CONSIDERING THAT IT

WAS IMPOSSIBLE FOR ACCUSED-APPELLANT TO HAVE
RAPED THE VICTIM WITHOUT CAUSING SERIOUS INJURY
ON HER GENITALS.

II

THE TRIAL COURT ERRED IN FINDING ACCUSED-

APPELLANT GUILTY BEYOND REASONABLE DOUBT OF
THE RAPE CHARGE DESPITE ABSENCE OF ANY EVIDENCE
SHOWING THAT HE WAS INFECTED WITH GONORRHEA.

III

THE TRIAL COURT ERRED IN NOT CONSIDERING THAT

THE RECORDS ARE REPLETE WITH OTHER
CIRCUMSTANCES CLEARLY POINTING TO THE
INNOCENCE OF 10 THE ACCUSED-APPELLANT OF THE
CRIME CHARGED.

______________

9 Rollo, p. 37.
10 Rollo, pp. 66-67.

351

VOL. 381, APRIL 18, 2002 351

People vs. Dulay

In resolving rape cases, the complainant’s credibility

becomes the single most important issue. In view of the
intrinsic nature of the crime of rape where only two
persons normally are involved, the testimony of the
complainant must always be scrutinized with great
caution, and the evidence for the prosecution must stand or
fall on its own merits arid should not be allowed 11
to gain
validity from the lack of evidence for the defense.
Guided by the foregoing principles, we have carefully
examined the testimony of Princess Olimpo and found no
http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 6/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

error on the trial court’s giving credence to her

declarations. Complainant, who was only 10 years old
when she testified, was candid and straightforward in her
version of the facts. She was not shown to have the
shrewdness and callousness of a woman who would concoct
such a story and endure physical examination and public
trial if her story were untrue. The Court has consistently
held that when a woman, more so if she is a minor, says
that she has been raped, she says in effect12 all that is
necessary to show that rape was committed. Moreover,
the records show that the complainant was crying when
she testified. In a number of cases, this has been held to be
evidence of truthfulness of the rape charge 13
with the verity
born out of human nature and experience.
The Court sees no reason to depart from the conclusions
of the trial court whose findings of facts are accorded great
respect, being in the unique position to observe the
demeanor, act, conduct, 14
and attitude of the witnesses in
court while testifying. Verily, the trial court correctly
disregarded the ill motive imputed by accused-appellant on
the relatives of the complainant. It is highly improbable
that they would concoct a story of defloration, allow an
exami-

______________

11 People v. Portugal, G.R. No. 143030, March 12, 2002, 379 SCRA 212.
12 People v. Tadeo, G.R. Nos. 128884-85, December 3, 2001, 371 SCRA
303, citing People v. Correa, 269 SCRA 76 [1997]; People v. Malabago, 271
SCRA 464 [1997].
13 People v. Garcia, G.R. No. 117406, January 16, 2001, 349 SCRA 67,
citing People v. Gecomo, 254 SCRA 82 [1996]; People v. Joja, 227 SCRA 9
[1993].
14 People v. Nuevo, G.R. No. 132169, October 26, 2001, 368 SCRA 359,
citing People v. Maglente, 306 SCRA 546 [1999].

352

352 SUPREME COURT REPORTS ANNOTATED

People vs. Dulay

nation of complainant’s private parts and submit her to

public humiliation and scrutiny via an open trial, if her
sordid tale was not true and their sole motivation
15
was not
to have the culprit apprehended and punished.
The prosecution need not prove the element of force and
intimidation in the case at bar. In rape committed by a
father or a person recognized by the victim as her father, as
http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 7/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

in the present case, the former’s moral ascendancy and

influence over the latter substitutes for violence and
intimidation. 16
In People v. Pagdayawon, the Court held that
ascendancy or influence necessarily flows from the father’s
parental authority, which the Constitution and the laws
recognize, support and enhance, as well as from the
children’s duty to obey and observe reverence and respect
towards their parents. Such reverence and respect are
deeply ingrained in the minds of Filipino children and are
recognized by law. Abuse of both by a father can subjugate
his daughter’s will, thereby forcing her to do whatever he
wants.
There is no merit in the contention of accused-appellant
that the absence of severe injury on the genitalia of the
complainant disproves the fact of rape. It should be
stressed that injury in the genitalia of the victim and the
size of accused-appellant’s penis, who had the audacity to
flaunt it before the trial court, are immaterial in a charge
of rape. Full penetration is not required to sustain the
conviction of rape, and it is enough that there be entrance
of the male organ within the labia of the pudendum of the
female organ. In fact, penetration of the penis by the entry
into the lips of the female organ even without rupture or
laceration
17
of the hymen suffices to warrant conviction for
rape.
The Court is likewise not convinced that the actuations
of the complainant after the rape belies the commission of
rape. Her

______________

15 People v. Nardo, G.R. No. 133888, March 1, 2001, 353 SCRA 339,
citing People v. Taño, 331 SCRA 449 [2000]; People v. Amigable, 329 SCRA
527 [2000]; People v. Sampior, 327 SCRA 31 [2000].
16 G.R. No. 130522, February 15, 2001, 351 SCRA 643, citing People v.
Matrimonio, 215 SCRA 613 [1992].
17 People v. Balas, G.R. No. 138838, December 11, 2001, 372 SCRA 80,
citing People v. Sandico, 307 SCRA 204 [1999].

353

VOL. 381, APRIL 18, 2002 353

People vs. Dulay

alleged good relationship with accused-appellant even after

the rape will not acquit him of the rape charge. Not every
victim of a crime can be expected to act reasonably and
http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 8/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

conformably to the usual expectations of everyone. People

may react differently
18
to the same situation, as what
complainant did. At the tender age of 9, complainant
cannot be expected to react as an adult and realize the
repercussions of the wrong committed upon her by the man
she considered as her father.
We find immaterial the failure of the prosecution to
prove that accused-appellant was suffering from a venereal
disease or any sexually transmissible disease. While it is
true that in Criminal Case No. U-10305 the information
charged him with rape under paragraph (6), of Article 266-
B, (where the offender is aware that he/she is afflicted with
a sexually transmissible disease), his conviction, however,
was for rape under paragraph (1), of Article 266-B, (where
the victim’s minority and relationship with the offender are
qualifying), for which he was also indicted in the same
information. Thus, whether or not he was afflicted with a
sexually transmissible disease is immaterial in the instant
appeal.
Article 266-B, paragraph (1), of the Revised Penal Code,
as amended by Republic Act No. 8353, provides that the
death penalty shall be imposed if the victim is under
eighteen (18) years of age, and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity
or affinity within the third civil degree, or the common-law
spouse of the parent of the victim. While the age of the
victim was alleged in the information and proven at the
trial, the qualifying circumstance of relationship was not
established by the prosecution. As stated in the
information, accused-appellant was indicted for rape as the
“common-law husband of Cresencia Olimpo, the adoptive
mother of herein complainant.” The records show that the
complainant was registered in the Civil Registrar of
Villasis, Pangasinan, as the child of Cresencia Olimpo and
accused-appellant Faustino Dulay. The records likewise
reflect that complainant grew up under the care of accused-
appellant and his common-law spouse, Gloria Olimpo.
Though there was no categorical declaration to this effect,
it appears from the testimony of the

______________

18 People v. Cobel, 282 SCRA 410, 422 [1997], citing People v. Rosare,
264 SCRA 398 [1996].

354

354 SUPREME COURT REPORTS ANNOTATED

http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 9/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

People vs. Dulay

prosecution witnesses and that of accused-appellant that

Gloria Olimpo is the same Cresencia Olimpo registered as
the mother of the complainant. However, regardless of
their identity and their relationship with accused-
appellant, the penalty imposed by the trial court will not be
affected. This is because neither Gloria nor Cresencia is the
biological or the legally adoptive mother of the
complainant. Consequently, accused-appellant will not fall
under “common-law spouse of the parent of the victim.”
Failing to establish the aggravating circumstance of
relationship, accused-appellant was correctly19 convicted of
simple rape punishable by reclusion perpetua.
As to accused-appellant’s civil liability, the Court further
awards the complainant P50,000.00 as civil indemnity,
which, like moral 20damages, is automatic upon the finding
of the fact of rape. The P25,000.00 exemplary damages is
affirmed in view of the presence of the 21
aggravating
circumstance of minority of the complainant.
WHEREFORE, in view of the foregoing, the Decision of
the Regional Trial Court of Urdaneta City, Branch 46, in
Criminal Case No. U-10305, finding accused-appellant
Faustino Dulay alias “Faus”, guilty beyond reasonable
doubt of the crime of rape and sentencing him to suffer the
penalty of reclusion perpetua is AFFIRMED with the
MODIFICATION that in addition to the P50,000.00 moral
damages and P25,000.00 exemplary damages, accused-
appellant is further ordered to pay the victim P50,000.00 as
civil indemnity.
SO ORDERED.

      Puno and Sandoval-Gutierrez,** JJ., concur.

          Davide, Jr. (C.J., Chairman), Kapunan and
Austria-Martinez, JJ., On official leave.

______________

19 People v. Asuncion, G.R. No. 136779, September 7, 2001, 364 SCRA

703.
20 People v. Palermo, G.R. No. 120630, June 28, 2001, 360 SCRA 84.
21 People v. Agravante, G.R. Nos. 137297 & 138547-48, December 11,
2001, 372 SCRA 64, citing People v. Catubig, G.R. No. 137842, August 23,
2001, 363 SCRA 621.
** Special Member per Special Order No. 219, April 15, 2002.

355

http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 10/11
12/3/2018 SUPREME COURT REPORTS ANNOTATED VOLUME 381

VOL. 381, APRIL 19, 2002 355

Aquino vs. Barcelona

Judgment affirmed with modification.

Note.—The Court has repeatedly ruled that when a

woman says that she has been raped, she says in effect all
that is necessary to show that she has indeed been raped.
(People vs. Pagupat, 293 SCRA 513 [1998])

——o0o——

© Copyright 2018 Central Book Supply, Inc. All rights reserved.

http://www.central.com.ph/sfsreader/session/0000016772a53c5818c89091003600fb002c009e/t/?o=False 11/11