361 Phil. 61
MELO, J.:
WHEREFORE, premises considered, finding Ricky Banela y Arcega guilty beyond reasonable doubt of the crime of rape which is defined and punished under Article 335 of the Revised Penal Code (prior to its amendment by RA 7659) and in the absence of any mitigating or aggravating circumstance, he is hereby sentenced to reclusion perpetua, to indemnify the offended party Marilou Alfonso, the sum of P50,000.00, and to pay the costs.Accused-appellant’s conviction for said crime arose from an Information reading as follows:
SO ORDERED.
(p. 33, Rollo.)
The undersigned Provincial Prosecutor upon complaint of the offended party and assisted by the Social Worker Officer Vilma Garcia hereby accuses RICKY BANELA Y ARCEGA of the crime of RAPE defined and penalized under Article 335 of the Revised Penal Code, committed as follows:The factual background of the imputed felony, as summarized by the Solicitor-General in the appellee’s brief, is as follows:
That on or about 12 o’clock midnight of October 7, 1993 at Market Tienda No. 3, Daet Public Market, municipality of Daet, province of Camarines Norte, and within the jurisdiction of this Honorable Court, the above-named accused by using force and intimidation unlawfully, feloniously, and criminally, did then and there, commit sexual intercourse with one Marilou B. Alfonso, a girl of 14 years old against the will of the latter to her damage and prejudice.
CONTRARY TO LAW.
(p. 9, Rollo.)
The incident occurred on October 7, 1993…Accused-appellant pleaded not guilty to the crime charged. He testified that on October 7, 1993, about 12 o’clock midnight, he was at Magang, Daet, Camarines Norte where he slept in the house of his aunt, Araceli Villamor. He averred that he slept at 8 o’clock that evening and learned of the case only when policemen came and brought him to the police station of Daet, Camarines Norte as a suspect in the rape of Marilou. He declared that he knew Norlito Cereno, alias Norlito Nazareno, a bystander at Daet Centro. He alleged that he was being charged for rape and not Norlito Nazareno because the wife of Nazareno is a friend of Marilou (tsn, June 21, 1995, pp. 2-28). The alibi did not impress the trial court.
Shortly before midnight Marilou, was asked by her father to pick up the latter’s clothes in Barangay Mantagbac, Daet, Camarines Norte, after which they were to proceed to the latter’s house in Moreno District, (p. 4, TSN, Oct. 21, 1994.
After getting the clothes, Marilou started on her way home. Along the route, she passed by Summer Place, a restaurant located in the Daet Public Market (p. 4, TSN, Oct. 21, 1994). She entered the restaurant and decided to stay a while to listen to her favorite music played in a jukebox (p. 6, TSN, Oct. 21, 1994). While enjoying the music, she noticed appellant, Norlito Cereno and two other men having a drinking spree inside the restaurant (p. 6, TSN, Oct. 21, 1994). After the tune ended, Marilou left Summer Place (p. 7, TSN, Oct. 21, 1994). She resumed her trek home, passing through the fruit stalls near the public market. Looking back, she saw appellant and his companions trailing her (pp. 7-8, TSN, Oct. 21, 1994). She quickened her pace. The men chased her and eventually caught up with her. Appellant accosted her and asked where she was going; to which she replied that she was going home (p. 8, TSN, Oct. 21, 1994). All of a sudden, appellant’s companions grabbed her arms while appellant covered her mouth. They dragged her back to where she came from stopping right behind Summer Place (pp. 8-10, TSN, Oct. 21, 1994). Two of appellant’s companions firmly held Marilou’s arms. One of them forced Marilou to lie down on her back (p. 10, TSN, Oct. 21, 1994). Norlito Cereno then tore off the victim’s red shirt and removed her white short pants, bra, and panty. Marilou cried and struggled with all her might to free herself but she was easily overpowered by brute force (pp. 11-12, TSN, Oct. 21, 1994). Norlito Cereno stripped and place himself on top of Marilou (pp. 12-13, TSN, Oct. 21, 1994). As appellant held Marilou’s legs, Norlito Cereno succeeded in having sexual intercourse with her (p. 12, TSN, Oct. 21, 1994). After Norlito had satisfied his lust, appellant took his turn and likewise had sexual intercourse with Marilou. He covered her mouth with his hand and threatened to kill her if she reported to the police (pp. 14-15, TSN, Oct. 21, 1994). After appellant, the third malefactor attempted to have sexual intercourse with Marilou but failed when several security guards on foot patrol arrived at the scene after hearing the victim’s cries (p. 15, TSN, Oct. 21, 1994). Avoiding a confrontation, the culprits hurriedly fled into the dead of night (p. 15, TSN, Oct. 1, 1994).
The security guards found Marilou totally naked, writhing in pain and blood oozing from her lips (pp. 5 and 6, TSN, Dec. 9, 1994). They brought her to a stall nearby and gave her a piece of cloth to cover herself (p. 6, TSN, Dec. 9, 1994). When asked by the guards what happened to her, she responded that she was raped (p. 6, TSN, Dec. 9, 1994). One of the security guards proceeded to the police station to report the incident (p. 7, TSN, Dec. 9, 1994). SPO3 Salvador Bamba, PO3 Teresita Montoya, and SPO1 Corpuz arrived and brought Marilou to the police station. Afterwards, she was brought to the Camarines Norte Provincial Hospital for examination (p. 9, TSN, December 9, 1994).
Meanwhile, in their search for the culprits whom they believed were lurking in the vicinity of Zabala Street and Vinzons avenue, the police finally found a suspect in the person of Norlito Nazareno whom they brought to the police station for investigation (p. 10, TSN, Dec. 9, 1994).
Dr. Marcelito Abas conducted an examination on the victim at about 1:55 in the morning of October 8, 1993 (See Exhibit A and p. 5, TSN, Oct. 20, 1994). The findings are as follows:“xxx(pp. 95-97, Rollo.)
Laceration at the hymen with minimal fresh bleeding at 5&7 o’clock;
xxx
REMARKS: Complains of pain on the right zygomatic area.”
(Exhibits A, A-2, A-3)
T: | Sino ang inirereklamo mo? |
S: | Yun pong dalawang lalaki na hindi ko naman kilala, subalit kung makikita ay aking silang makikilala. (Record, p. 5; Rollo, p. 55). |
Q: | Miss Witness, do you know the accused in this case in the person of Ricky Banela? |
WITNESS: | Yes, sir. I know him, sir. He is a resident of Mantagbac. |
Q: | Why do you know him? |
A: | He is our neighbor. |
Q: | Where? |
A: | Near the ‘ermita’ (chapel of Mantagbac) |
Q: | If he is present inside the courtroom can you point him out? |
A: | Yes, sir. |
Q: | Look around and if he is present, go near him and point him out. |
A: | This one, sir. (Witness pointed to a person who when asked gave the name Ricky Banela). (tsn, October 21, 1994, pp. 3-4). |
Art. 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances:However, at the time Marilou was raped on October 7, 1993, the death penalty had yet to be restored as Republic Act No. 7659 which revived the death penalty took effect only on January 1, 1994. Hence, the maximum penalty imposable on accused-appellant is reclusion perpetua.
1. By using force or intimidation.
x x x
The crime of rape shall be punished by reclusion perpetua.
Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
x x x
The fact that complainant has suffered the trauma of mental, physical and psychological sufferings which constitute the bases for moral damages are too obvious to still require the recital thereof at the trial of the victim, since the Court itself even assumes and acknowledges such agony on her part as a gauge of her credibility.WHEREFORE, on the foregoing premises, the decision appealed from is hereby AFFIRMED, including the award of P50,000.00 as compensatory damages, with the MODIFICATION that accused-appellant Ricky Banela is ordered to pay the additional amount of P50,000.00 as moral damages. No special pronouncement is made as to costs.