369 Phil. 112
YNARES-SANTIAGO, J.:
"Fifteen-year old Glenda Celis testified that she is in the custody of the Department of Welfare and Social Development (DSWD), in Malolos, Bulacan, because she was abandoned by her own father while ten-year old Merlyn Henares testified that she is also in the custody of the DSWD because she left their house as her aunt where she used to stay was always mauling her.Pursuant to the law existing at the time of the commission of the crimes involved herein, rape is committed by having carnal knowledge of a woman under any of the following circumstances:
In the evening of May 27, 1994, Glenda was awakened by appellant, who was temporarily residing at said DSWD while waiting for his transportation allowance in going back to his home in Bacolod, when he (appellant) went on top of her (Glenda) without a shirt. Glenda asked appellant: "Bakit kuya Nonoy." Appellant offered money to Glenda but she refused to accept it. Then, appellant tied Glenda's hands and gagged her by wrapping her head with a white blanket.
Immediately thereafter, appellant began to undress Glenda. He then mashed Glenda's breast. Glenda felt pain because of the pressure applied by appellant. After that, appellant then pulled down Glenda's panty and then touched her thighs. Glenda tried to pull back her panty but appellant prevented her. Then, appellant inserted his finger into Glenda's vagina. After a while, he (appellant) inserted his penis into Glenda's vagina. Glenda felt pain so she tried to shake away appellant by moving her body but to no avail.
After the forcible coitus, appellant threatened Glenda with a knife and told her not to tell their "mommy" about the incident. Glenda was able to see the knife because of the illumination of the light from the adjacent room. Then, appellant ran away. Glenda immediately switched on the light and saw appellant running away down the hallway.
Shortly thereafter, Glenda woke up Merlyn, who was lying beside her. Merlyn asked Glenda why she (Glenda) kept on moving while they were sleeping. Glenda replied that appellant was on top of her at that time. Glenda saw her panty stained with blood. She threw it away and washed her vagina with soap and water. She saw that her vagina had a wound by examining it.
In the evening of the following day, while Merlyn was sleeping at the second floor of the DSWD building, their "Mommy Elaine" woke her up to go down because the light bulb in their room malfunctioned. At the ground floor, "Mommy Elaine" asked Merlyn to sleep in a wooden bench with Baby Rose.
While Merlyn was sleeping on the wooden bench, appellant bodily carried her and placed her on the cemented floor. Then, appellant tied her hands and gagged her after which appellant stripped Merlyn's clothes and went on top of her. Then, appellant "raped" Merlyn.
Immediately thereafter, appellant warned Merlyn not to tell their "mommies" what happened.
Merlyn declared in court that she recognized her tormentor as her "Kuya Nonoy" because he was bald. She even touched appellant's head after she was untied.
After appellant raped Merlyn, he went straight to his bedroom at the ground floor of DSWD beside the kitchen.
Later, Sheryl (surname not on record), a mute ward of the DSWD overheard Merlyn and Glenda telling each other what appellant did to them. Sheryl reported the matter to the officer (name not on record) by means of sign language.
When Merlyn was asked about the incident by DSWD officers, she told them that appellant "raped" her.
Dr. Edgardo Gueco, chief of the Philippine National Police Crime Laboratory, Region III, physically examined Glenda and Merlyn on June 1994. He testified that Merlyn had a ruptured hymen and was physically in a non-virgin state. Aside from the ruptured hymen which Dr. Gueco concluded could have been caused by sexual intercourse, he also noted an abrasion near the umbilical region measuring 4 x 5 cm.
Dr. Gueco further declared that the laceration was deep and newly healed at 4, 6 and 12 o'clock positions. Dr. Gueco commented that considering the laceration was newly healed, his findings were compatible with the alleged date of commission of rape because fourteen (14) days had elapsed from the date of the reported commission of rape.
Dr. Gueco also said that the abrasion near the umbilical region of Merlyn's body can be considered as a sign of struggle on Merlyn's part due to some form of fingernails from the skin.
Dr. Gueco likewise testified that Glenda also had a ruptured hymen with a deep newly healed laceration at 1, 5 and 9 o'clock positions. Except for the position of the lacerations in the hymen, he had the same medical findings on the two girls.
Dr. Maria Lourdes Reyes, a psychologist from the National Center for Mental Health in Mandaluyong City, testified that she conducted several tests on Glenda to determine her intellectual functioning. Dr. Reyes declared that Glenda's current intellectual functioning has been assessed within the moderate mental retardation level with a mental age of five (5) years and seven (7) months and can achieve mental maturity that is characteristic of children from four (4) to nine (9) years old.
On the other hand, Maria Suerte Cabiguin, also a psychologist from the National Center for Mental Health, testified that she gave an I.Q. test to Merlyn which were the Stanford Benet Scale and the Bender Visual Gestalt motor test. Cabiguin concluded that Merlyn's mental functioning which was caused by mental retardation is that of a mental age of five (5) years and ten and one-half (10 ½) months."[4]
1.) by using force or intimidation;The cases at bench involve all the three circumstances. First, complainant Glenda Celis, although 15, had the mentality of a five-to-seven year old; and complainant Merlyn Henares was ten (10) years old whose mental age was of a five-to-ten ½ year old. It has been ruled that "if the mental age of a woman above twelve years is that of a child below twelve years, even if she voluntarily submitted to the desires of the accused, or even if the circumstance of force or intimidation or of the victim deprived of reason or otherwise unconscious are absent, the accused would still be liable for rape under the third circumstance of Article 335." The rationale for this is that if sexual congress of a victim below twelve years of age is rape, then it should follow that carnal knowledge of a woman whose mental age is that of a child below twelve years would also constitute rape.[6] The second victim's age, which was below 12 years, would have rendered as mere surplusage any evidence with respect to the employment of force or intimidation upon her since proof of the use thereof is not an essential element of statutory rape.[7] This is because, the consent or lack of it, to have carnal knowledge on the part of children under 12 years of age is irrelevant in statutory rape.[8] Even if the prosecution faltered when it failed to allege in the information the essential element with respect to the victims' mental age or the second victim's chronological age, yet these facts were duly proven without objection on the part of the defense. Besides, even assuming that both complainants were within their proper mental state, the prosecution was still able to establish its case against appellant by proving beyond reasonable doubt that the sexual assaults against both victims were committed with the use of force and intimidation. Appellant's first victim, the 15-year old Glenda Celis, narrated her ordeal, summarized by the trial court as follows:
2.) when the woman is deprived of reason or otherwise unconscious;
3.) when the woman is under twelve (12) years of age or is demented.[5]
"Glenda Celis testified that she was rudely awaken when accused Nonoy Dizon was on top of her naked; that after he undressed her, he touched and mashed her breasts, hurting her in the process because of the pressure he applied, and after inserting his finger inside her vagina, forcibly inserted his penis. That she didn't shout as the accused was armed with a knife. After making a push and pull movement with his penis inside her vagina which caused her much pain, being admittedly a virgin, the accused succeeded in having carnal knowledge with (sic) her against her will. She tried to fight him off but she was rendered helpless as her hands were tied and the accused gagged her. She was warned by the accused not to inform their DSWD Mommies lest he would kill her. She told Merlyn Henares of the rape immediately after the sexual assault. That her panty was bloodied and as her vagina was bleeding, she washed the same with soap and water."[9]which was based on her testimony, the material portions of which run:
Probably still at the height of his sexual ecstasy the previous night, appellant again went into action the next night. Like a nocturnal creature creeping in the dark, he succeeded once more in satisfying his prurient interest, claiming his second young and virgin victim (Merlyn Henares). Before the court, this second victim, notwithstanding her tender age, mustered enough courage to let the world know the shameful acts done to her by appellant:
Q What is that? xxx xxx xxx A That night ni-lugos po ako. xxx xxx xxx
Court: Did he touched (sic) any part of your body? A Yes, your Honor. Court: What part of your body? A My breast, your Honor. Court: You mean he touched your breast, did he touched (sic) it, can you demonstrate how did he touched (sic) your breast? A He capped my breast. Court: Did he capped? (sic)
A Yes, your Honor. Court: He merely capped your breast without mashing it? A Nilamas po niya. Court: And you might awake when he was mashing your breast? A Yes, your Honor. Court: What did you feel when he was mash (sic) your breast? A Masakit po. Court: Did he mashed (sic) it with mash (sic) pressure? A Yes, your Honor. Court: Aside from mashing your breast, did he touched (sic) any part of your body? A No, more your Honor. Court: So both of you were wearing underwear at that time? A He removed my panty and he touched my thighs. Court: Which thighs did he touched (sic)? A Right, your Honor. Court: Did he merely touched your thighs only? A Yes, your Honor. Court: When you pull up your panty, did he removed (sic) it again? A Yes, your Honor. Court: Was he able to removed (sic) your panty? A He was able to pull up to my knees, and I was (sic) to pull it back. Court: Did he touched (sic) your vagina? A Yes, your Honor. Court: How did you know that he touched your vagina? A Gising po ako, lahat po ng ginagawa niya ay alam ko. Court: He merely touched your vagina? A Yes, your Honor, he touched my vagina. Court: Did he insert anything in your vagina? A His penis, ma'am. Court: How do you know it was his penis, that was inserted in your vagina? A When we went to the Hospital, I told that I was really used. Court: You said he touched your vagina with his finger with his hand did he, did you feel anything when he touch your vagina with his hand? A No, your Honor. Court: How did he touched (sic) your vagina with his hands?
A Its really painful, he inserted his finger, with my vagina. Q When he inserted his finger inside your vagina, did he bigla or slowly? A Tudo, ma'am. Court: What did you feel when he inserted your finger? A Its painful, your Honor. Court:
How long did he insert his finger inside your vagina? A For a while, your Honor. Court: And after that he inserted his penis? A Yes, your Honor.
Court: What are you doing when he inserted his finger inside your vagina? A After inserting his finger to my vagina, he left already but he even threatened to kill me. Court: Make it very clear, he inserted the two different objects inside your vagina, you said first he inserted his finger, then he inserted his penis, after he inserted his finger? A Yes, your Honor. Court: And all throughout you did not kick him? A No, ma'am. Court: You did not shout for help? A May tali po ako sa bunganga.[10] (italics supplied).
From the nature of the offense of rape, where usually only two people are privy,[12] the only evidence that can oftentimes be offered to establish the guilt of the accused is the complainant's testimony.[13] That is why the lone testimony of either victim in this case is sufficient to sustain a conviction as it met the test of credibility.[14] It is clear from the foregoing testimonies that appellant employed force and intimidation in consummating his innate desires against his hapless victims. On the first victim, appellant bound her hands, "gagged" her mouth and later covered her head with a white blanket. On the second victim, abrasions were found on her umbilical region which, as explained by the examining physician, were "produced by friction or rubbing of a rough object against the skin of the body" which could be the "fingernails of the accused or it may be due to the floor where the subject was pushed down or rolled during the incident."[15] Moreover, when the second victim struggled against appellant, the latter punched her and she thus lost consciousness. Then, appellant ravished her. The carnal knowledge of an unconscious woman constitutes rape, opposition or resistance not being required, for the state the woman is in means she has no will.[16]
Q What did Nonoy Dizon do to you? A He tied me up. Q Please demonstrate how Nonoy Dizon tied you up? A He tied me up downstairs, ma'am, with my arms stretched. Q What were you doing then when Nonoy Dizon tied you up? Before he tied you up? A I was crying, ma'am. Q Why were you crying then? A Because I refused to be tied up, ma'am. xxx xxx xxx Q Who were your companions then? A We were many, ma'am. Q Can you name some of your companions? A I can no longer remember their names. Q Not even Glenda Celis? A I knew her name. Q Glenda Celis was with you at that time? A No, ma'am.
Q What happened after Nonoy Dizon tied you up? A I do not know, ma'am. Q What else did Nonoy Dizon do to you after tying you up? A He stripped me off my clothes, ma'am. Q You mean your entire clothes, even your underwear? A Yes, ma'am. Q And what was your position then? A He took off all my clothes, ma'am. Q While you were lying down? A Yes, ma'am. Q And what else did Nonoy Dizon do to you? A He raped me, ma'am. Q What do you mean by rape? A He laid on top of me, ma'am. Q What else? A None, ma'am. Q What was Nonoy Dizon's appearance then when he laid himself on top of you? A . . . . Q Did he have clothes with him? A None, ma'am. Q Pants? A No, ma'am. Q Brief? A None, ma'am. Q What did Nonoy Dizon say to you, if any, at the time he lied on top of you? A He warned me not to talk about the matter to the mommies. xxx xxx xxx Q You said that Nonoy Dizon laid himself on top of you, while on top of you, what was Nonoy Dizon doing? A He was raping me. Q Did he kiss you? A Yes, ma'am. Q Did he fondle your breast? A Yes, ma'am. Q Did he insert his penis to you? A Yes, ma'am. Q What did you feel? A It was painful, ma'am. Q What was your reaction at that time? A . . . . . Q Did you not ask for help or shout? A He gagged me up. Q Do you mean to say aside from your hands being tied by Nonoy Dizon, you were also being gagged by Nonoy Dizon? A Yes, ma'am.[11] (italics supplied).
1. ) "That on or about the 27th day of May, 1994, in the municipality of Malolos, province of Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there wilfully, unlawfully, and feloniously, by means of force, threats and intimidation and with lewd designs, have carnal knowledge of said Glenda Celis, against her will.[2] Department of Social Welfare and Development.
"Contrary to law."
2. ) "That on or about the 28th day of May, 1994, in the municipality of Malolos, province of Bulacan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there wilfully, unlawfully, and feloniously, by means of force, threats and intimidation and with lewd designs, have carnal knowledge of said Merlyn Henares against her will.
"Contrary to law."
"WHEREFORE, finding the accused guilty beyond reasonable doubt of two separate crimes of rape as charged in Criminal Cases Nos. 1969-M-94 and 1970-M-94, he is hereby SENTENCED to suffer a separate penalty of reclusion perpetua and to indemnify each of Glenda Celis and Merlyn Henares the amount of P50,000.00. He is likewise SENTENCED to suffer all the accessory penalties of the law and pay the costs.[4] Appellee' Brief, pp. 3-7; Rollo, pp. 119-123; references to the TSNs are omitted in order not to clutter the narration.
"As the accused has been detailed at the Provincial Jail of Malolos, Bulacan since June 7, 1994 and as he failed to agree to abide by the same disciplinary rules imposed upon convicted prisoners, he is hereby CREDITED in the service of his sentence with four-fifths of the time during which he has undergone preventive imprisonment.
"SO ORDERED."
x x x x x x x x x[50] People v. Bartolome, G.R. No. 129054, September 29, 1998 citing People v. Prades, G.R. No. 127569, July 30, 1998; People v. Alfeche, G.R. No. 124213, August 17, 1998; People v. De los Santos, G.R. No. 121906, September 17, 1998; See also Article 2219(3), New Civil Code.
(3) seduction, abduction, rape or other lascivious acts;
x x x x x x x x x
The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this Article, may also recover moral damages."