331 Phil. 169
DAVIDE, JR., J.:
That on or about the 28th day of June, 1992, in the City of Laoag, Philippines, and within the jurisdiction of this Honorable Court, the said accused, Moreno Bayani, by means of force and intimidation with the point [sic] of a gun, did then and there wilfully, unlawfully and feloniously have carnal knowledge of the complainant Maria Elena Nieto, against her will.The complaint was duly certified by OIC-City Prosecutor Marilyn Ro. Campomanes. No bail was recommended for the temporary liberty of the accused, and a warrant for his arrest was issued on 4 March 1993.[3]
CONTRARY TO LAW.[2]
Dr. Baraoidan declared that she found several healed abrasions below and at the sides of the complainant’s navel and that the complainant’s enlarged cervix connoted pregnancy; further, the complainant’s uterus was enlarged to about 7-8 months size and the fetal heartbeat was located at the right lower quadrant. As regards the non-prominence of the vaginal rugosities, the passage of two fingers into the vagina, and the presence of hymenal lacerations, it was possible these were due to sexual intercourse.[11]x x x
II. Internal Examination:
- Pubic hair -- scanty
- Labia majora -- coapted at its entire length
- Labia minora -- coapted at its entire length
- Vaginal rugosities -- no prominent
- Vagina -- admits two (2) fingers with ease
- Hymen -- lax, with old lacerations at 3, 5 and 7 corresponding to
face of clock.
- Cervix -- enlarged, soft, bluish
- Uterus -- enlarged to about 7-8 months size.
- Adnexae -- negative for masses and tenderness.
III. Laboratory Examination
1. Pregnancy Test -- Positive
2. Sperm Determination -- Negative for Spermatozoa[10]
In 1992, Maria Elena Nieto was a fourth-year high school student of St. Lawrence Academy, a Catholic School of Bangui, Ilocos Norte. She was then fifteen (15) years old. At that time both her parents were abroad as overseas contract workers (TSN, August 29, 1993, pp. 26, 45 and 51-52).After the complainant underwent a lengthy cross-examination, the hearings on the motion for bail ended on 20 October 1993.[13] On 18 November 1993, the trial court issued an order denying the motion for bail.[14] The prosecution presented no additional testimonial evidence for trial on the merits,[15] but submitted its documentary exhibits[16] which were admitted by the trial court.[17]
She was born in San Juan, Ilocos Sur. However, on July 19, 1989, Maria Elena together with her brother and an older sister moved to Barangay Manayon, Bangui, Ilocos Norte, to live with her paternal grandmother Rosalina B. Nieto, her uncle Eugenio Nieto and his family. There, she met appellant.
Appellant was a neighbor. He was close to her paternal uncles, Eugenio and Rudy Nieto. One of her uncles is appellant’s "kumpadre." Maria Elena called him "uncle" and the latter’s wife "auntie." Appellant often went to her grandmother’s house. She was considered a relative. (TSN, August 29, 1993, pp. 25-29, including preceding paragraph).
At about 6:00 in the morning of June 28, 1992, appellant went to their residence. He asked her if she could accompany him to visit a friend in Laoag City. She told appellant to ask permission from her grandmother who consented (TSN, August 29, 1993, pp. 29-30).
At 9:30 of that same morning, appellant fetched her. At about 11:30 a.m., they reached Laoag City. They proceeded to a boarding house near the Northern Christian College (NCC). There appellant visited a woman. While Maria Elena was taking her "merienda" in the kitchen, appellant and the woman were outside the house talking. She noticed by their actions that they were quarreling. After about thirty (30) minutes, appellant called for her and they left. She was made to understand by the appellant that the woman he intended to visit was not around (TSN, August 29, 1993, pp. 30-34).
Appellant brought her to a restaurant, the City Lunch and Snack Bar. At that time, Maria Elena did not know the name of the restaurant. Neither did she know then that the second floor of the restaurant was a hotel. It was her first time to be in such place. Appellant invited her for lunch there. She declined as she was still full and suggested that they go home. Appellant, however, called for a tricycle and told her "[w]e will first go to a friend of mine before going home" (TSN, August 29, 1993, p. 35).
He brought her to the "third floor of a certain building" (TSN, August 29, 1993, p. 35). While there, Maria Elena was made to wait outside and "he went to talk with somebody" (Ibid. p. 36). Upon returning, appellant told her that "it was in the second floor where the person he wanted to talk with was" (Ibid). They proceeded to the second floor of the building (TSN, August 29, 1993, p. 36).
Upon reaching the door of a room at the second floor of the building, appellant took hold of her wrist. She tried to free herself, but all the more appellant took hold of her wrist and he "opened the door" (ibid) with a key (TSN, August 29, 1993, p. 36).
After opening the door, appellant pushed Maria Elena inside. She wanted to run away but was prevented by appellant, who pulled her hair. Appellant then locked the door. Appellant pushed her hard making her kneel down on the floor beside the bed, her stomach was against the edge of the bed. All that time, appellant was holding her hair, pressing her head against the bed (TSN, August 29, 1993, pp. 37-38).
Maria Elena struggled to free herself. This prompted appellant to tighten his hold on her hair and he poked a gun against her right temple. Appellant then told her "[y]ou remove your pants, otherwise, I will shoot you." (Ibid, p. 39). Maria Elena became so nervous and felt she was becoming unconscious. Out of fear, she complied with appellant’s order (TSN, August 29, 1993, pp. 38-39).
While Maria Elena was removing her pants, appellant removed his pants, too. Thereafter, appellant pushed Maria Elena to the bed and forced her to lie down. He ordered her to open her thighs and then he went on top of her. She struggled but felt weak. Appellant successfully had sexual intercourse with her. While doing this, appellant was holding his gun in his right hand (TSN, August 29, 1993, pp. 39-40).
Thereafter, Maria Elena wanted to leave. However, appellant pointed his gun at her and threatened to kill her if she revealed the rape incident to anybody (TSN, August 29, 1993, p. 40). After a while, appellant repeated the sexual intercourse for two more times. All the while, appellant was uttering indecent words at her, among them, "This is something very delicious. You will be longing for this" (TSN, ibid, p. 41). Appellant repeated his threat to kill her as well as members of her family, if she related the rape incident to anybody (ibid).
They left the room at about 3:00 in the afternoon. Appellant brought her to the Five sisters Emporium, where she was made to board a tricycle. She went home alone (TSN, October 20, 1993, pp. 72-74).
In view of the threats of appellant, Maria Elena did not immediately relate the incident to her family. She was forced to divulge the rape committed by appellant against her, when her family noticed her tummy was bloating (TSN, August 29, 1993, p. 42).
At that time, Maria Elena and Ambrosio Malapit, Jr., were sweethearts. They started their relationship on June 12, 1992. On her suspected pregnancy, Ambrosio was confronted by her sister Maria Elizabeth. In turn, her boyfriend confronted her. She related to him the rape incident (TSN, August 29, 1993, pp. 42-43).
The incident was reported by Ambrosio to the principal of St. Lawrence Academy, who went to Maria Elena’s house in order to verify. She related to the principal what appellant did to her including his threats to kill her and her family (TSN, August 29, 1993, p. 43).
The school took the initiative of hiding her. She stayed for one (1) week in the house of a teacher of Divine Word College, Laoag City. Thereafter, she was transferred to Madre Nazarena in Laoag City, an institution run by nuns. She stayed there for less than a month (TSN, August 29, 1993, pp. 43-45).
The rape incident was reported to the NBI. Accompanied by NBI agents, she went back to the scene of the crime. It was only at that time that she learned that the building where appellant brought her was a motel, Dragon Inn (TSN, August 29, 1993, p. 41).
On March 21, 1993, Maria Elena gave birth (Exhibit "B"; TSN, August 29, 1993, p. 46).[12]
The private complainant herein was only about twelve (12) years old when she first met the accused who was about thirty-two (32) years old and a married man. He was a close friend of [her] uncles. One of [her] uncles is the kumpadre of the accused. -- They were neighbors.As to the version of the accused, the trial court observed:
The accused frequented the house of the private complainant’s grandmother. -- The private complainant called him uncle while she called the accused’s wife auntie. He was considered a relative.
Under these circumstances, the Court finds nothing wrong when on June 28, 1992, the grandmother of the private complainant allowed the private complainant to accompany the accused to Laoag City to visit a friend. In the words of the private complainant, she and her grandmother had trust and confidence in the accused. As to the insinuation of the accused that it was incredulous for the private complainant to allow her granddaughter to visit a girlfriend of the accused who is a married man, the private complainant explained that the accused only told her grandmother that he would visit a friend. ...
Moreover, there is nothing incredulous when the private complainant consented to go with the accused to visit the latter’s girlfriend after her grandmother gave her permission. To reiterate, she had trust and confidence in the accused. -- A fifteen (15) year old girl is not expected to entertain malice in her mind as to why a man, whom [she] calls uncle and very much well-known within her family circle, although a married man, would ask her to accompany him to his girlfriend. -- The Court finds the testimony of the private complainant on this matter candid and sincere and within the realm of the mind of a fifteen (15) year old girl: ...x x x
Under this factual backdrop, the private complainant could not have any inkling on what was actually on the mind of the accused. So, she went along with the accused in a building which turned out to be a motel. There were no people inside the building except for a man with whom the accused talked to. Again, the Court rules that at this point in time the fifteen-year old private complainant who considered the accused an uncle was not expected to know the sinister plan of the accused against her.
The court finds the account of the private complainant on what transpired between her and the accused on June 28, 1992 replete with details which could not have been concocted by the private complainant. The tears she shed while narrating on how she was ravished by the accused were real.
True, there were inconsistencies on some details between the private complainant’s testimony and her affidavit. But these are minor inconsistencies which do not affect her credibility. Besides, she had satisfactorily explained these discrepancies.[34]
The accused’s insistence that he and the accused mutually agreed to have sexual intercourse on June 28, 1992 and that there after they maintained a sexual relationship .. does not inspire belief.The trial court also debunked the accused’s claim that the delay in reporting the case was further proof against the claim of rape. The trial court cited our rulings in People vs. Rejano[36] and People vs. Yambao[37] and noted:
The accused pictured the fifteen (15) year old private complainant as one who belongs to a broken family and was in dire need of financial help which he readily gave. ..x x x
The easy manner which the private complainant consented to the sexual overtures of the accused is incredulous. She is a very charming girl and does not look destitute so as to succumb immediately to the sexual overtures of the accused. In fact, at the time she was -- well-supported by her family. It is not disputed that both of her parents are overseas contract workers. In this regard, the accused himself admitted that the private complainant told him that her father gave her financial support. ..
Indeed, this Court does not give credence to the accused’s stance that the private respondent agreed to have a sexual relationship with the accused who is twice her age in exchange [for] the financial help allegedly extended to her by the accused.x x x
The Court observed that the testimonies of both the accused and Bernardo Javier jibed in even the smallest details. To the mind of the Court, their testimonies were rehearsed and do not inspire credence. xxx In fact, the Court observed that both the accused and Javier answered immediately to the questions without even a pause or a semblance of recollection on what happened on June 28, 1992 about two (2) years ago before they testified in court.x x x
The accused’s stance that he and the private complainant continued their sexual relationship after June 28, 1992 is highly preposterous...
Contrary to the stand of the accused, there is nothing in the medicolegal examination of the private complainant which can conclusively show that after June 28, 1992, the private complainant had several sexual intercourse.[35]
In the instant case the private complainant was only fifteen (15) years old at the time she was raped by the accused. She had considered the accused as a close relative and called him uncle. He was very close to her uncles. And yet he raped her. When he forced himself unto her, he threatened her with a gun. Thereafter, he repeatedly threatened her not to relate the incident to anybody, otherwise, he would kill not only her but her family. The accused -- continued to go to the house of the private complainant even after June 28, 1992.The trial court likewise disregarded the accused’s theory of ulterior motive. Thus:
Certainly, the combination of these circumstances put the fifteen-year old private complainant in constant fear, not only for her life but for her whole family as well. In the mind of the fifteen-year old private complainant, the accused would make good of his threat to kill them. His constant presence in their house alone reminded her of the threat. He need not repeat his threat after June 28, 1992.
This was manifested when after the private complainant divulged the rape committed against her by the accused she was immediately taken out from their house.[38]
The Court does not give credence to the alleged motive of the private complainant in filing the rape charge against the accused. The private complainant does not seem to be so sophisticated and callous to falsely charge the accused with rape and expose herself to public trial and possibly public embarrassment. "[39]As to the accused’s claim of lack of resistance on the part of the complainant, the trial court observed:
[I]n the instant case, the accused pointed a gun at the private complainant. The accused’s pointing a gun -- and simultaneously threatening to kill her if she did not submit to his lustful desires created in the latter’s mind real fear for her life which deprived her of will to resist him.Finally, it found as sufficiently established the accused’s efforts to amicably settle the case. Thus:
Finally, the Court is convinced that the accused tried to amicably settle the case with the private complainant’s mother as testified to by Romeo Nieto -- It is inconceivable that Romeo Nieto, an ordinary citizen could have the courage to drop the names of highly-placed and influential officials in the province -- Despite the protestations of the accused and Major Aliño -- the Court has no doubt that the accused was present in all the three (3) occasions related by Romeo Nieto wherein they were looking for the private complainant’s mother. The mere denials of the accused and Major Aliño cannot overcome the positive testimony of Romeo Nieto.The accused seasonably appealed from the decision. In his Appellant’s Brief, he assigns the following errors to the trial court:
At any rate, his non-presence during these occasions cannot erase the fact that the highly-placed and influential provincial officials went there on his behalf -- that was to ask for a compromise deal. It would be absurd to assume that these highly-placed and influential officials went to the residence of Romeo Nieto on their own without the knowledge of the accused.
Verily, the attempt of the accused to amicably settle the case is an admission of guilt of the crime charged against him.[40]
The People, through the Appellee’s Brief filed by the Office of the Solicitor General, refuted the accused’s arguments, and in closing, recommended that "apart from the FIFTY THOUSAND (P50,000.000) PESOS as indemnity, appellant should be made to support his illegitimate child with Maria Elena, in conformity with Article 345(3) of the Revised Penal Code."I.
THE TRIAL COURT ERRED IN NOT FINDING AND DECLARING THAT THE COMPLAINANT AND THE APPELLANT WERE LOVERS AND THAT THEY AGREED TO A LOVE TRYST AT THE DRAGON INN.II.
THE TRIAL COURT ERRED IN FINDING AND DECLARING THAT THE APPELLANT EMPLOYED FORCE AND INTIMIDATION IN THEIR LOVE TRYST AT THE DRAGON INN.III.
THE TRIAL COURT ERRED IN HOLDING AND DECLARING THAT THE DELAY IN REPORTING THE ALLEGED RAPE WAS DUE TO THE REPEATED THREATS OF THE APPELLANT TO THE COMPLAINANT.IV.
THE TRIAL COURT ERRED IN NOT FINDING AND DECLARING THAT THE COMPLAINANT AND APPELLANT CONTINUED THEIR LOVE AFFAIR AFTER JUNE 28, 1992.V.
THE TRIAL COURT ERRED IN NOT FINDING AND DECLARING THAT COMPLAINANT TESTIFIED FALSELY AGAINST THE APPELLANT DUE TO EVIL MOTIVE.VI.
THE TRIAL COURT ERRED IN FINDING THAT THE APPELLANT OFFERED TO COMPROMISE THIS CASE, FOR THE REASON THAT THERE IS NO EVIDENCE ON RECORD TO SUPPORT THE SAME.VII.
THE TRIAL COURT ERRED IN RENDERING A JUDGMENT IN THIS CASE ON A SWORN STATEMENT OF THE COMPLAINANT CHARGING THE APPELLANT OF [sic] THE CRIME OF RAPE, FOR THE REASON THAT THE SIGNATURE APPEARING THEREON WAS NOT IDENTIFIED BY COMPLAINANT AND NOT PRESENTED AS EVIDENCE IN COURT BY THE PROSECUTION.
We find no merit in the appeal.The credibility then of the complainant is of paramount importance. On this score, it is doctrinally settled that appellate courts will generally not disturb the findings of the trial court, or its evaluation of the testimony of a witness is accorded the highest respect because the trial court is in a better position to decide the question, having heard the witnesses themselves and observed their deportment and manner of testifying during trial. The recognized exceptions to the doctrine are when such evaluation was reached arbitrarily or when the trial court overlooked, misunderstood, or misapplied some facts or circumstances weight and substance which could have affected the result of the case.[42]
We reiterate the controlling guidelines and principles in rape cases:
(1) An accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove;
(2) In view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and
(3) The evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense.[41]
q And precisely also, you heard the accused tell your lola that she would permitAs to the use of the word "girlfriend" in her affidavit, the complainant satisfactorily explained that she narrated her story in Ilocano to a certain Atty. Geologo, who then translated it into English. It was only after the complainant read the English translation that she noticed certain things lacking in the affidavit, however, "Atty. Geologo said it will be in court where I will tell everything."[44] At any rate, a sworn statement or affidavit, being taken ex-parte, is almost always incomplete and often inaccurate, sometimes from partial suggestion or for want of suggestions and inquiries. Its infirmity as a species of evidence is a matter of judicial experience. As such, affidavits taken ex-parte are generally considered to be inferior to the testimony given in open court.[45]
you to go with him to Laoag in order that you would accompany him to visit
his girlfriend in Laoag, is that not correct?
a Yes, sir, because she trusted him.
q Did not your grandmother ask the accused why he was visiting
a girlfriend when he was very much married?
a No, sir.
q And did not your grandmother tell him, "It is not good for
you to be bringing my granddaughter if you are visiting your girlfriend"?
a No, sir, because he did not directly say that he would visit
a girlfriend but a friend only.[43]
When he forced himself unto her, he threatened her with a gun. Thereafter, he repeatedly threatened her not to relate the incident to anybody, otherwise, he would kill not only her but her family. The accused is a police officer and on [sic] his admission continued to go to the house of the private complainant even after June 28.Clearly, the trial court did not even imply that any threat was made after 28 June 1992, but was merely referring to and consistent with the complainant’s testimony on direct examination that the accused threatened to shoot her before the first incident of rape, then after the second and third incidents, he threatened to kill her and her family if she ever told them; with both threats having been made on the same day:
Certainly, the combination of these circumstances put the fifteen-year old private complainant in constant fear -- In the mind of the fifteen-year old private complainant would make good his threat to kill them. His constant presence in their house alone reminded her of the threat. He need not repeat his threat after June 28, 1992.[49]
q As the accused tried to tighten his grip on your hair and
poked a gun against your right temple, what did he do?
a He said, "You remove your pants, otherwise, I will shoot
you."x x x
q After he was able to do what he wanted to do, did anything
else happen after that?
a He repeated for two more times, sir "
q After doing this act for two more times and saying very
indecent words, according to you, what else happened?
a He repeated his threats to me, sir.
q What is that threat?
a That he will kill me, including my family, if ever I will
tell what happened, sir.[50] (emphasis supplied)
Her boyfriend must have pressed her to explain why she was pregnant and who caused her pregnancy. To mollify and preserve her relationship with her boyfriend, she had to concoct the alibi that she was raped by appellant. And to convince her boyfriend, she had no alternative but file this false complaint against appellant. But this ploy of hers boomeranged because she not only lost her boyfriend but also appellant who promised to sustain her and the fruit of their love ... having lost them both, she was forced to file this complaint, to cover her immorality and to protect her school, a Catholic managed school, from being exposed to public shame.[54]The accused’s argument deserves scant consideration. It is sheer speculation. Bearing in mind the above discussion as regards the credibility of witnesses, it is worth repeating that the trial court lent full credence to the complainant’s testimony:
The Court finds the account of the private complainant on what transpired between her and the accused on June 28, 1992 replete with details which could not have been concocted by the private complainant. The tears she shed while narrating on how she was ravished by the accused were real.[55]This Court, after a thorough examination of the transcript of stenographic notes, is in full accord with the above observation of the trial court. Moreover, we find that the accused failed to present evidence to prove the presence of any ulterior or improper motive on the part of the complainant. In this light, this Court has ruled:
Considering a Filipina’s inbred modesty and antipathy in airing publicly things which affect her honor, it is difficult to believe that she would admit the ignominy she had undergone if it were not true. A complainant would not risk ruining her future and exposing herself to ridicule if her cha[r]ge were not true. If she does undergo the expense, trouble and inconvenience of a public trial, suffer scandals, embarrassments and humiliation (such action would indubitably invite, as well as allow, an examination of her private parts), it is due to her desire to bring justice to the person who had abused her. -- When there is no evidence and nothing to indicate that the offended party was actuated by any improper motive, the presumption is that she was not so actuated and her testimony is entitled to full faith and credit.[56]Oddly, the accused takes inconsistent positions on this matter. On one hand, he claims above that he sought forgiveness, but on the other hand, while testifying as regards a meeting with the complainant’s mother during the conduct of the trial, the accused claimed that he "did not ask for forgiveness because what they charged against [him] is not true."[58] At any rate, the accused’s attempt to split hairs between forgiveness and compromise is unavailing. While compromise "is an agreement made between two or more parties as a settlement of matters in dispute,"[59] the term "forgiveness" necessarily implies a consciousness of wrongdoing or guilt.[60] It has been held, therefore:
Turning now to the accused’s sixth assigned error, he argues:
Clearly, forgiveness is different from compromise. All that the appellant and those who intervened for him was to ask for forgiveness. The mother of the complainant did not testify in court or any [sic] close to her that the appellant or any of his intercessors offered to compromise the case.
The finding of the trial court offered to compromise the case is without factual basis.[57]
[T]he weight both of authority and of reason sustains the rule which admits evidence of offers to compromise, but permits the accused to show that such offers were not made under a consciousness of guilt, but merely to avoid the inconvenience of imprisonment or for some other reason which would justify a claim by the accused that the offer to compromise was not in truth an admission of his guilt and an attempt to avoid the legal consequences which would ordinarily ensure therefrom.[61] (emphasis supplied)As such, we adopt the pertinent portions of the lower court’s ruling on this subject and declare that no reversible error was committed in appreciating the accused’s plea for forgiveness as an implied admission of guilt, in accordance with §27(2), Rule 130 of the Rules of Court.[62] This can only be buttressed by the persistence of the accused’s intercessors in attempting to see the complainant at least thrice.[63]
Article 344 of the Revised Penal Code and Rule 110 section 5 -- of the 1985 Rules on Criminal Procedure require that the offenses of abduction and rape -- shall not be prosecuted except upon complaint filed by the offended party. Compliance with this is a jurisdictional and not merely a formal requirement.In the instant case, the complaint was filed with the trial court on 24 February 1993, thus it formed part of the records of the case and the trial court could have validly taken judicial notice of the same, without doing violence to §8, Rule 112 of the Rules of Court.[67]
The Rules of Court further provides that evidence which has not been formally offered shall not be considered by the court ...
Applying these rules to the case at bar, it is admitted that the sworn complaint of [the victim] was not formally offered in evidence by the prosecution. This failure to adhere to the rules however is not fatal and did not oust the court of its jurisdiction to hear and decide the case. Jurisprudence reveals that if the complaint in a case which cannot be prosecuted de oficio is forwarded to the trial court as part of the records of the preliminary investigation of the case, the court can take judicial notice of the same without the necessity of its formal introduction as evidence for the prosecution.[66] (citations omitted)