419 Phil. 835
PANGANIBAN, J.:
"That on or about the 29th day of August 1999, in Quezon City, Philippines, the said accused by means of force and intimidation, to wit: [did] then and there wilfully, unlawfully and feloniously undress said LILIA SARAYAN-LOGONIO inside the room of their residence located at No. 810 Penthouse[,] Aurora Boulevard, Cubao, this City, and thereafter have carnal knowledge [of] her against her will and without her consent."[3]
"WHEREFORE, finding the accused Mario Tuada guilty beyond reasonable doubt of the crime of rape described and penalized under Chapter Three Sec. 266-A of the Revised Penal Code, as amended by the Anti-Rape Law of 1997, there being no modifying circumstance, [this Court hereby sentences him] to suffer imprisonment of reclusion perpetua and to pay Lilia Sarayan the amount of P50,000.00 as moral damages and to pay the costs."[5]
"Victim Lilia Sarayon-Logonio, a 44-year old housemaid from Davao and mother of nine children, was employed by spouses Jose and Magdalene Villasi at their residence located at the City Towers Condominium, Aurora Boulevard, Cubao, Quezon City. Lilia, who arrived in Manila on July 21, 1999, was hired through an employment agency.
"Around 2:00 in the afternoon of August 29, 1999, Lilia was sitting on a chair inside her bedroom, located at the 8th Floor of the building, resting when appellant Mario Tuada entered her room. Lilia knew appellant because the latter was also a houseboy of her employers and he delivered bread to her every morning. At the time, Lilia's employers were in their room located at the 10th Floor.
"Immediately upon entering the room, appellant locked the door, pulled Lilia towards her bed, held her shoulders, and pushed her down on the bed. He then proceeded to undress her. Lilia was unable to resist because of appellant's strength. Moreover, appellant boxed her right arm, pressed her chest and held her arm. Appellant took off Lilia's t-shirt, pants and panty. The zipper of her pants broke and her panties were torn in the process. Appellant held Lilia down with his right hand and with his left hand, forcibly inserted his penis into her vagina and had sex with her. Appellant, who was wearing no underwear, did not even bother to take off his t-shirt and shorts. Lilia, who was crying, pleaded [with] him to stop. Appellant left after satisfying his lust.
"Lilia immediately told the nanny of her employer's child, a certain Yaya Christie, about the rape. She initially wanted to kill appellant to avenge her honor but, remembering her family, thought better of it. She instead opted to inform her employer of the rape on August 31, 1999, or two days after the incident. Upon being informed about what happened, Ms. Villasi asked Lilia if she wanted to press charges. Ms. Villasi told her son and the latter called the police. Appellant was arrested and brought to the police station.
"Lilia executed a sworn statement at the Police Station. She was thereafter brought by her employer to the PNP Crime Laboratory for medical examination. Dr. James Belgria, the Medico-Legal Officer who examined the victim, found the following contusions on the victim's body: a 2 x 1 cm. contusion on the deltoid region; a contusion at the middle of the right arm, 3 cm. from the anterior midline; contusion on the right lumbar region, measuring 2 x 2 cm. and 17 cm. from the posterior midline. The victim also complained of pain [i]n the nasal region and [i]n the right scapular region of the back. The injuries sustained by the victim had a healing time of 12 to 14 days."[7]
"MARIO TUADA, the accused-appellant in the case at bar is a 29 year old janitor with address at Daang Hari, Bicutan, Metro Manila and working at City Towers Condo in Quezon City under the employ of Mrs. Villasi. His duties were the following: throwing out the garbage, buying bread and washing the car. He does not know the name of Mrs. Villasi's housemaid but he knows her face. (referring to private complainant Lilia Logonio) (TSN, Jan. 19, 2000, pp. 2-5). He normally addresses the private complainant as `Manang'. On August 29, 1999, at 2 P.M., he confirmed that he was at the City Towers. `Manang' called him and told him `Oo na. Sinasagot na kita.' He explained this by saying that on August 18, he was kidding Manang why [was] she staying [in] their marriage (referring to Lilia's husband) if her husband was beating her, anyway, he [was] there for her. Manang replied that there [were] other girls younger than her to which he answered `Kalabaw lang ang tumatanda.' After saying `Oo na, sinasagot na kita', they went inside the room, kissed each other, removed their clothes and [lay] down on the folding bed naked. They did not lock the door. Suddenly, one of the maids went inside the room and saw them. She was Yaya Christie who immediately went downstairs. He stood up wearing shorts and [ran after her] and told her not to report it because he might lose his job. The private complainant at that time was left in the room. He went back to the private complainant in the room and she was already dressed. They undressed again, kissed each other and it happened. He had sexual intimacy with the complainant. They stayed in bed for a while. He suspects that the reason why complainant charged him [with] rape is because one of the yayas told Lilia that she was the one who need[ed] him. He did not say these words but he admitted that he [did] not love her and he [was] just kidding. (TSN, January 26, 2000, pp. 2-6)
"On cross examination, he testified that he [did] not love the complainant. He made advances and preliminaries on her but it was a joke for he ha[d] a habit of teasing women. Since it was the private complainant who made the first move for them to have sex, he also gave in. He was hesitant to tell the private complainant that he [did] not love her. He admits that he took advantage of the private complainant's weakness and that what they did was a consensual act."[8]
"I
The court a quo erred in finding accused guilty beyond reasonable doubt of the crime of rape despite the incredible testimony of the private complainant regarding the alleged rape incident."II
The court a quo erred in not believing the testimony of the accused that there was no rape that happened between him and the private complainant, and that indeed, they had sexual intercourse but it was a consensual act."[11]
"Q What happened when Mario entered the room?
A He pulled me towards my bed and undressed me.
Q You said Mario pulled you towards the bed and undressed you, is that correct?
A Yes, sir.
Q While Mario was doing that to you, what did you do to him, if any?
A I wanted to resist him but he was strong.
Q Why? What did he do to you, if any, the reason why you were not able to resist him?
A He was boxing me and pressing my chest and holding my arm.
Q What part of [your] body [was] x x x boxed by Mario?
A My right arm.
Q And you said Mario undressed you?
A Yes, sir.
Q What articles were [removed] by him?
A T-shirt, pants, and panty.
Q What happened to your [clothing] when Mario undressed you?
A The zipper of my pants broke and my panties were torn.
Q Where are these articles now?
A With the police.
Q After Mario undressed you, what did Mario do to himself?
A He forcibly inserted his penis into my vagina.
x x x x x x x x x
Q And you said he was able to insert his penis into your organ?
A Yes, sir.
Q What did you do while he was doing that?
A I was crying pleading for him to stop.
Q Did you make any noise?
A Yes, sir.
Q What did you utter?
A I asked him why he did that to me and I continued crying.
Q What was his response?
A He just left."[13]
"Q What were your findings beginning with the extragenital area?
A I found contusions on different parts of the body.
Q What were the different parts of the body?
A I found out there was a contusion which measure[d] 2 x 1 on the deltoid region.
Q Where is that located in layman's terms?
A On the right shoulder.
COURT:
Q It was not a kiss mark? A contusion?
A Yes, your honor, and another contusion on the middle part of the right arm, 3 cm. from the anterior midline and another contusion on the right lumbar region measuring 2 x 2 cm. and 17 cm. from the posterior midline and the subject also complained of pain in the nasal region and right parietal region of the head and on the right scapular region of the back.
Q Doctor, in your opinion, what could have brought about these contusions?
A The possible instrument may have been a hard, broad and blunt object being struck on different parts of the body.
Q You are saying it could have been brought about by an exertion of physical force?
A Yes, sir, specifically a hard, broad or blunt object or instrument.
Q Would the contusions be consistent with a fistic blow?
A It is possible."[14]