458 Phil. 1001
CARPIO MORALES, J.:
That on April 5, 1998, at about midnight, at Gemini Street, Phase I, Villa Ernesto Subdivision, Gusa, Cagayan de Oro City, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, who are spouses, conspiring, confederating together and mutually helping one another, with force, violence and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of one AAA, a 15 year old minor, and househelper of both accused, against the latter's will by then and there inviting (by accused Mary Rose Leones Opeliña) the said minor to their (accused couple's) bedroom, while both accused were all naked, and while the said minor victim was already inside the bedroom accused Mary Rose Leones Opeliña locked the bedroom's door, and accused Rodrigo "Rudy" Opeliña undressed the said victim, pushed her to the bed, accused Mary Rose Leones Opeliña held the right arm of the victim tightly while the other accused held the minor's other arm, then accused Rodrigo "Rudy" Opeliña started kissing the victim's face, ears and down to her breasts, laid himself on top of her and inserted his penis on the victim's vagina, to which the victim cried and shouted for help as she felt pain everytime the penis of the accused penetrated her vagina walls, at this point accused Mary Rose Leones Opeliña told the victim to just bear the pain, his penis had full penetration on her vagina, which unlawful acts were done all against the victim's will, with threats to kill her should she report the same to anybody.When arraigned on May 22, 1998,[2] appellants, duly assisted by counsel, pleaded not guilty to the charge, whereupon trial commenced.
Contrary to Article 335 of the Revised Penal Code as amended by R.A. 8353.
GENITAL EXAMINATION:On April 8, 1998 or three days after the commission of the alleged rape, AAA executed a sworn statement[13] before Supervising Agent Patricio S. Bernales at the NBI.
Pubic hairs, fully grown, scanty. Labiae majora and minora, both coaptated. Fourchette, moderately tight. Vestibular mucosa, pinkish, with abrasion at its posterior aspect, and with fibrin. Hymen, tall, thick, fleshy, with healing, complete laceration at 6:00 o'clock position, with fibrin bleeds on slight manipulation, and with congested, edematous edges. Hymenal orifice, originally annular, admits a glass tube of 2.5 cms. With moderate resistance. Vaginal walls, tight; rugosities, prominent.
CONCLUSION:
Genital findings, compatible with sexual intercourse with man on or about the alleged date of commission of rape.[12] (Underscoring supplied)
WHEREFORE, the court finds both accused guilty beyond reasonable doubt of the crime of rape committed by accused on the person of AAA, and so it hereby sentences them to reclusion perpetua, orders them solidarily, to indemnify her in the sum of P75,000, to pay her moral damages in the sum of P50,000.00 and to pay the costs.Hence, the present appeal, appellants assigning the following errors to the trial court:
The accused's custodian is hereby ordered to ship them to the proper higher authorities following promulgation without delay.
SO ORDERED.[14]
Appellants posit that AAA's claim that she was forced to have sexual intercourse is rendered suspect by the absence of extra-genital injuries on her body,[16] as well as by the fact that the other occupants of the house did not hear any unusual noise or commotion at the time the rape was allegedly committed;[17] that AAA's conduct immediately after the incident belies that she was raped;[18] that AAA's complaint for rape was a mere afterthought, her primary purpose of going to the police authorities being only to report the mauling incident involving Mary Rose's father;[19] that AAA had a paramour with whom she had sexual intercourse, thus lending credence to their version that she suspected that she was pregnant and initiated the idea of sexual intercourse with Rodrigo to abort her child;[20] and that AAA's failure to make any outcry during the incident renders her charge dubious.[21]
- THE TRIAL COURT ERRED IN GIVING FULL FAITH AND CREDENCE TO THE TESTIMONY OF PRIVATE COMPLAINANT AND DISREGARDING THE THEORY OF THE DEFENSE.
- THE TRIAL COURT ERRED IN FINDING ACCUSED SPOUSES GUILTY BEYOND REASONABLE DOUBT OF HAVING CONSPIRED TOGETHER TO RAPE PRIVATE COMPLAINANT.[15]
That no extra-genital injuries were noted in AAA does not necessarily negate the occurrence of rape, proof of injury not being an essential element thereof.[22]
Q: When Ate [Mary Rose] called you up what happened?A: I went inside the room.x x x Q: When you were inside the room what happened?A: They undressed themselves.Q: Who undressed themselves?A: Ate and Kuya.x x x Q: What were their positions while they were undressing themselves?A: They were standing beside the bed.Q: How far were they from one another?A: Very near.Q: Can you point a distance (sic) to approximate the distance to one of the other?A: About 50 cm.x x x Q: After you observed your Ate and Kuya undressing themselves what happened next?A: Kuya went near me.Q: When he was near you what happened?A: Kuya held my two shoulders.Q: How many hands were used by Kuya?A: Both hands.Q: After you were held by Kuya what happened next?A: He dragged me towards the bed.Q: When you were near the bed what happened next?A: Kuya pushed me to lie down on the bed on my back.Q: When you were on the bed what happened next?A: When I was lying on the bed, Ate held my right hand.Q: Where was your Ate when she was holding your hand?A: She was on the bed Sir.Q: After that what happened next?COURT: (Witness at this point is sobbing) A: Kuya mounted on (sic) me and kissed my lips.Q: After Kuya mounted on (sic) you and kissed your lips what happened next?A: He licked my neck and sucked my breasts.Q: How may breast (sic) were sucked?A: Both.Q: After that what happened next?A: Then he fucked me.x x x Q: What did you feel when Kuya made pumping motions?A: I felt severe pain.Q: Where?A: In my vagina Sir.COURT: At this juncture, the witness is sobbing while testifying. Q: Do you know the reason why the pumping movements being (sic) done?A: Yes, your Honor because he inserted his penis inside my vagina.Q: While he was doing that where is your Ate?A: She was holding my hand.COURT: (Witness this time is crying already) Q: In relation to your body where was your Ate, is your Ate at the right side, left side or at your head?A: On my right side.x x x Q: What did you observe before your Kuya stop pumping motions (sic)?A: I felt severe pain.Q: Where?A: In my vagina.Q: While Kuya was on top of you can you tell this court if you were dressed at that time.A: I was undressed Sir.Q: Who undressed you?A: Kuya.Q: When was that done?A: At that time he held me.Q: When you were at bed at that time?A: While I was still standing.Q: Are you referring to the time he approached you and held your shoulder?A: Yes, Sir that was the time he undressed me.x x x Q: How about your Ate did you hear from her?A: Yes, Sir.Q: What was that?A: She said, "bear it AAA".Q: Can you remember the exact words uttered?A: She said, "bear the pain AAA".Q: How many times she said that (sic)?A: Three (3) times.Q: Where was your Kuya when your Ate said that?A: He was still on top of me he was still fucking me and panting.COURT: (All throughout witness is crying) Q: Where was your Ate specifically located at that time when she said that (sic) words: "bear the pain AAA" and saying it three times?A: Beside me Sir holding my hand.Q: Did you struggle to free yourself from Ate and Kuya?A: I was wriggling to free myself from them but they held me.x x x Q: When your Kuya stop (sic) pumping what happened next?A: Ate said, "that is enough Rod", and "let's do it next". (Emphasis and underscoring supplied)
Appellants would have this Court believe that AAA initiated the sexual intercourse because she suspected that she was pregnant and wanted to abort the fetus in her womb.
Q: When you arrived there what happened?A: When we arrived there I saw Ate Rose who had it blottered because she said that I left her child unattended.Q: How about you what happened?A: The policeman asked me "what happened to you `Day'? and I told him I was mauled by my employer and Ate Rose was there at that time.Q: What else happened while in said station?A: While there I saw Ate Rose smiling. Probably she thought I will not file a case against them. xxxA: I did not report the rape incident, only the mauling incident because I was afraid of Ate Rose because she was there during that time.[24](Emphasis and underscoring supplied)
this Court held that there was conspiracy.x x x
Normelita then called her husband, telling him: "Oly, maghubo ka na ng salawal." Frightened, Normita struggled and exerted efforts to resist the invasion on her womanhood by Rolando but to no avail, because Normelita pinned down her (Normita's) hands on the floor. When Normita tried to shout, Normelita covered her mouth. Rolando then removed his pants and brief and forcibly removed the panty of Normita. While Normelita continued pinning down Normita's hands on the floor, Rolando covered her mouth.
Rolando succeeded in inserting his sexual organ into Normita's (nagtagumpay siyang makuha ang aking pagkababae) by positioning his knees in between Normita's thighs. Seminal fluid was oozing from the sexual organ of Rolando "tumutulong parang lamad lamad." There was blood in the private organ of Normita. Lying on her side, Normelita laughed and laughed while watching her husband consummate the lecherous ordeal in the treatment room. After satisfying his lust, Rolando stood up, put on his pants and brief. Normelita warned Normita not to divulge the incident to anybody,
The rather unique feature about this case was that a couple, now appellants Vicente C. Villamala and Gaudiosa Villamala, were jointly prosecuted for the crime of rape allegedly perpetrated on the complainant Eustaquia Bentulan. xxxIn the instant case, it was established by the prosecution that Mary Rose summoned AAA into their bedroom, locked the door to prevent her escape, pinned her down while Rogelio had sexual intercourse with her, told her thrice to just bear the pain, and cautioned her not to divulge what transpired among them. Clearly, appellants conspired in the commission of the rape.x x x
While the two seated side by side were conversing, complainant heard Gaudiosa whistle, and immediately thereafter, her husband, appellant Vicente Villamala entered the house. No sooner was he inside when Gaudiosa, who was at Eustaquia's left side, placed her left arm around her neck and pinned the latter to the floor, the left leg of appellant being thrust between Eustaquia's knees. In that situation with Gaudiosa choking her neck, she was unable to extricate herself, being held fast by the bigger and taller Gaudiosa. Vicente in turn took advantage of the situation and through force removed complainant's black skirt and panties. Such torn garments appellant Vicente Villamala threw aside, removed his short pants, and placed himself on top of Eustaquia. Thus he was able to consummate the sexual act, with Gaudiosa continuing to hold and pin to the floor the victim's neck and left leg.