431 Phil. 485; 100 OG No. 11, 1552 (March 15, 2004)
VITUG, J.:
"That on December 13, 1997, at more or less 8:30 o'clock in the morning, at Lim Ket Kai Drive, Barangay 35, Cagayan de Oro City, Philippines, and within the Jurisdiction of this Honorable Court, the above-named accused, 65-year old, uncle of complainant's mother, with violence and intimidation, armed with a knife, did then and there willfully, unlawfully and feloniously have carnal knowledge of one Roan T. Garcia, a 13-year old minor, against her will by then and there pointing a knife towards the latter's stomach, repeatedly demanding from her to undress, to which complainant refused, and threatening to kill her if she will shout, pulling her, and despite complainant's struggle from the holds of accused, complainant could not resist, then accused pointed the knife towards complainant's stomach and breast, managing to lower her short pants together with her panty, and when complainant was already downward, she was forcibly laid down on the bench by the accused, forcibly touching her breast, then inserted his right finger inside her vagina, while holding the knife in his left hand, her pleas of mercy being of no avail, until accused fully penetrated his penis inside complainant's vagina, performing the act of sexual intercourse on her, all done against her will."[1]At his arraignment on 04 May 1998, the accused pleaded "not guilty" to the charge; thereupon, the trial ensued.
"GENERAL PHYSICAL EXAMINATION'A complaint for rape was filed against Hernando Quinson Garcia. It was during the trial, shortly following the arraignment, when Roan further revealed that since August 1997 the accused had been molesting (“fingering”) her. The incidents spawned several cases for acts of lasciviousness.
"Height: 157 cms. Weight: 45 kgs.
Fairly nourished, fairly developed. Conscious, coherent, cooperative. Ambulatory. Breasts, fully developed, conical, firm. Areolae, brown, Symmetrical, 2.8 cms. wide. Nipples, brown, protruding, symmetrical, 0.8 cm. wide. No extragenital physical injuries noted.
"GENITAL EXAMINATION:
"Pubic hairs, fully grown, scanty. Labiae majora and minora, both coaptated. Fourchette, tight. Vestibule, pinkish, smooth. Hymen, tall, thick, fleshy, with healed, complete laceration at 5:00 o'clock position, edges of which are sharp and coaptable. Hymenal orifice, originally annular, admits a glass tube of 2.5 cms. diameter 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 and subsequently thereafter."[2]
"WHEREFORE, judgment is hereby rendered finding accused guilty beyond reasonable doubt of the crime of rape and he is hereby sentenced to suffer the penalty of reclusion perpetua, and to indemnify the complainant the sum of P75,000, to pay her moral damages in the sum of P50,000 and to pay the costs of this case.The convicted accused, in his Appellant's Brief, ascribed error to the trial court, thusly:
"Accused's custodian is ordered to ship him to the higher authorities without delay in accordance with law."[3]
In the prosecution for rape, the credibility of the complainant becomes the single most important factor to consider, and it always behooves the Court to minutely examine her testimony. The Court now quotes liberally, hereunder immediately following, the testimony given by Roan Garcia at the witness stand."I
"THE COURT A QUO COMMITTED A REVERSIBLE ERROR IN CONVICTING ACCUSED-APPELLANT ON THE BASIS OF THE INCREDIBLE AND INCONSISTENT STATEMENTS OF THE PROSECUTION WITNESSES."II
"THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME OF RAPE HAS BEEN PROVEN BEYOND REASONABLE DOUBT."[4]
The narration given by the complainant is brief but so straightforward that it hardly gives reason for the Court to ignore it, let alone brush aside the assessment made on it by the court a quo. Indeed, the assignment of values to the testimony of a witness is virtually left, almost entirely, to the trial court[6] which has the opportunity to observe the demeanor of the witness at the stand. Unless there are substantial matters that might have been overlooked or discarded, the findings of credibility by the trial court will not generally be disturbed on appeal. Mere inconsistencies on non-material points committed by the witness, even when they exist, are not enough to deny weight to the entire testimony; often, in fact, such discrepancies reassure against the likelihood of rehearsed testimony. Nor would variations of the testimony from that contained in an affidavit enough to foreclose value to the former. By its very nature and the manner it is taken, affidavits can ill-compare to the weight of testimony given in open court. Roan, it might be noted, has not been shown to entertain any ill-motive to impute such a grave offense against her own granduncle. It is also unimaginable for a young woman to fabricate a horrifying rape experience and open herself to public scrutiny if she, indeed, were not, sexually violated.
"Q On December 13, 1997 at about 8:30 in the morning can you recall where were you?"A Yes, Sir."Q Where were you?"A I was in our house."Q Were you alone?"A We were two."Q Who was your companion?"A Hernando Garcia. "x x x x x x x x x"Q While you were left [alone] in the house with your paternal granduncle, Hernando Garcia, can you recall if there was any unusual incident that happened?"A Yes, Sir."Q Will you please tell the court?"A During that time I was upstairs I took a bath and then changed my clothes. At that time Hernando Garcia was downstairs and I was preparing to go to the house of my Auntie."Q Who is this Auntie?"A Her husband is the brother of my mother."Q What is the name of this Auntie?"A Belen."Q You said you were about to go down because you wanted to go to the house of Auntie Belen, what happened thereafter?"A When I went down I was surprised because I saw Hernando Garcia holding a knife."Q Where particularly in the house when you saw Hernando Garcia holding a knife?"A Downstairs at the sala."Q Where particularly at the sala?"A He was sitting on the bench."Q And you said he was holding a knife. Can you demonstrate the position of Hernando Garcia?"A He was holding a knife with the use of his right hand. (Witness demonstrating by raising her right hand as if holding something)"Q You were at the sala when you [saw] Hernando Garcia holding a knife?"A Yes, Sir."Q How far were you with Hernando Garcia?"A About one meter."Q When you saw Hernando Garcia holding a knife, what did he say or do anything?"A He instructed me to undress myself. I was so shocked and I told him `No, Uncle do not do that.'"Q Can you still describe the knife?"A Yes, Sir."Q Please describe it?"A A stainless knife."Q Can you estimate the length of the knife?"A 12 inches."Q After that what happened?"A After that he again instructed me to undress and I told him `No, Uncle do not do that' and he grabbed me."Q He grabbed you?"A Yes, Sir."Q Then what happened next?"A I was grabbed towards the sofa."Q What happened to you when you were grabbed?"A I was crying I told him `No, Uncle don't do that'. And he told me not to shout if I do he will kill me."Q At that particular time when you were grabbed he was still holding the knife?"A Yes, Sir."Q When you were already in the sofa what happened next?"A When I was at the sofa he fondled my breasts and I felt pain."Q That is only what he did to you?"A He inserted his finger [into] my vagina."Q Can you show which finger did he insert? (Witness demonstrating by showing her left middle finger)"Q After that what did the accused do to you?"A After he inserted his finger he [did] the rubbing and he pushed and pulled his finger [in] my vagina. And I told him `don't do that' after that he pulled up his finger and he pulled his zipper and the knife was poked on my chest."Q When the accused [was] unzipping his zipper and the knife was in your chest, what did he do to you?"A He removed my shortpants including my panty."Q Did you not shout?"A He told me not to shout if I do so he will kill me."Q Did you not kick him?"A If I will kick him I'm afraid because the knife was poked on my chest."Q You said that he undressed you and he unzipped his pants, what else happened?"A After that his two thighs spread my thighs."Q Then what transpired next?"A After that he inserted his private part in my vagina."Q Was he able to insert his private organ?"A Half of it was inserted."Q When his organ was already inserted what did you observe of him?"A He was doing the push and pull movement."Q What else?"A After inserting his penis he did the push and pull. He experienced ecstasy and he pulled his penis and I was surprised there was a fluid coming from his penis."Q How about you did you experience ecstasy?"A No."Q How long did your uncle perform that push and pull movement?"A About 5 seconds."Q While your uncle Hernando Garcia was doing this what did you feel?"A I cried and I felt intense pain."Q You said you observed that half of the accused' penis was inserted in your vagina did you feel if it was hard?"A Yes, Sir."Q You said that after he inserted his penis and a few moments he pulled out his penis?"A Yes, Sir."Q And you saw a white substance coming out?"A The white fluid dripped to the cement."[5]