394 Phil. 868
It is of no moment either that the medical certificate fails to show that Josephine suffered any contusion or abrasion. Although the results of a medical examination may be considered strong evidence to prove that the victim was raped, such evidence is not indispensable in establishing accused-appellant's guilt or innocence. In People v. Docena, we stated:In fact, the medical findings of Dr. Aranas only serve to corroborate the testimonies of the sisters Ma. Victoria and Marjorita. In People v. Alicante we said that the accused may be convicted on the basis of the lone uncorroborated testimony of the rape victim provided that her testimony is clear, positive, convincing and consistent with human nature and the normal course of things. As found by the trial court, the testimonies of Ma. Victoria and Marjorita were "positive, candid, straightforward, and endowed with the ring of truth and earmarks of credibility, deserving the court's full faith and credence." The court a quo, on the other hand, disbelieved the version of the defense -That there was no medical examination report presented, sign of resistance during the actual copulation, or proof of violence committed against MARGIE does not detract from our conclusion that she was raped. A medical examination is not indispensable in a prosecution for rape. Medical findings or proof of injuries, virginity, or an allegation of the exact time and date of the commission of the crime are not essential in a prosecution for rape.
His admission that he fondled the private parts of the complainants is just one sensuous act away from sexual intercourse. Accused having taken advantage of the youthful credulity of the complainants in sexually petting them, must have all the more naturally aroused his lewdness, whereby in that (sic) circumstances of time and place, there is strong reason to believe the complainants' positive allegations that the accused was not contented in touching their private parts, but went on in pursuing his lust to its desired end. This is exactly what was meant by the judicial opus: Lust is no respecter of person, time and place.Evaluation of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses and their demeanor, conduct and attitude, especially under cross-examination. Appellate courts are bound by the findings of the trial court in this respect, unless it is shown that it has overlooked, misunderstood or misappreciated certain facts and circumstances which if considered would have altered the outcome of the case. We find no reason in the instant case to disturb the factual findings of the court below.
Lastly, while the court below properly granted civil indemnity of P50,000.00 to Ma. Victoria, it erred in awarding only P100,000.00 to Marjorita. In recent cases the Court awarded P50,000.00 civil indemnity for each count of rape. Thus, since accused-appellant is guilty of four (4) counts of rape committed against Marjorita, the latter is entitled to receive P200,000.00 as civil indemnity. In addition, Marjorita and Ma. Victoria are each entitled likewise to an award of P50,000.00 as moral damages for each count of rape. Moral damages are imposed in rape cases involving young girls taking into account the immeasurable havoc wrought on their youthful feminine psyche. It may be awarded without need of showing that the victim suffered mental anguish, fright, serious anxiety, and the like. The victim's injury is inherently concomitant with, and necessarily resulting from the odious crime of rape to justify per se an award for moral damages. Thus, P200,000.00 as moral damages should be awarded to Marjorita and P50,000.00 to Ma. Victoria.
Fiscal Cabatos: You said that the house of Faustino Campos is just near the house of your grandmother, can you point to a certain distance to estimate the distance of the house of Faustino Campos to the house of your grandmother? Record: (Witness pointed to a certain distance inside the court room). Court: One hundred meters, more or less. Fiscal Cabatos: x x x did you go to the house of Faustino Campos as directed by your grandmother? Complaining witness: Yes, ma'am. Q: x x x who was present at the house of Faustino Campos? A: He was there alone x x x x Court: And, when you saw that the accused was in his house, what did you say to him? A: I said, no 'yo. Q: Why did you say that? A: Because, he wanted me to go to the bedroom. Q: Did you not tell the accused that you were asking from him some medicinal leaves for your grandmother? A: I told him. Q: What did he say when you told him about that? A: He answered yes x x x x Fiscal Cabatos: Now, when you were brought to the room by the accused, what did he do to you inside the bedroom? A: He let me lie down x x x x Q: Okey. But when the accused made you to lie down inside the bedroom, what did he do? A: Nothing. Q: Considering that he did nothing, what did the accused do to you while he did nothing about when, he ordered you to lie down? A: He undressed me. Q: When you said undressed, what did he take off from you? A: My shorts. Q: What else, if there was any? A: Panty. Q: What was your position when the accused removed your shorts and your panty that you had? A: I was lying down. Q: What was your reaction when the accused removed your shorts and panty? A: I was scared. Q: Were you able to express your fear in that incident? A: No, ma'am. Q: You said that, "ayaw, 'yo," when did you utter these things? A: Before he let me lie down. Q: Now, after removing your panty and your shorts, what did the accused do next? A: That his penis entered into my vagina x x x x Q: Now, what did you feel when the sex organ already penetrated your vagina? x x x x A: I felt pain.