389 Phil. 553
"That on or about the 9th day of November, 1996, in the afternoon, at North Poblacion, [M]unicipality of Maramag, [P]rovince of Bukidnon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a dagger and with lewd design, did then and there willfully, unlawfully and criminally enter into the room of one IRIES ENTE, a twelve years, three months and 15 days old child and once inside the room, forced her to lie down on the bed, remove[d] her skirt and panty and have sexual intercourse with IRIES ENTE, against her will, to her damage and prejudice."With the assistance of Atty. Leo S. Rey of the Public Attorney's Office (PAO), appellant pleaded not guilty upon arraignment on August 4, 1997.
"WHEREFORE, judgment is hereby rendered finding accused Felipe Hofilena guilty beyond reasonable doubt of the crime of consummated rape in violation of Section 11 of Republic Act No. 7659. Accordingly, he is hereby sentenced to suffer the penalty of , and to indemnify his victim Iries Ente the sum of P50,000.00."Public Attorney Hollis C. Monsanto, counsel for the appellant, filed the Notice of Appeal on July 3, 1998.
"Private complainant, Iries Ente, at the time of her ravishment on November 9, 1996, was only twelve (12) years old. She lives in La Roxas, Malaybalay, Bukidnon, but, as a first-year high school student at the San Andres High School at Maramag, she was staying at a boarding house owned by one Victoria Eran, in Maramag, Bukidnon (TSN, January 6, 1998, pp. 3-5).
"Appellant Felipe Hofileña, on the other hand, was the overseer of the boarding house of Victoria Eran, where complainant was staying, and as the overseer, he lives just across the said boarding house at a distance of about nine (9) meters more or less (TSN, January 6, 1998, p. 5; 7). He was also employed as a mechanic at the Victorias Milling Company at Cristal, Maramag, Bukidnon (TSN, February 12; 1998, p. 10).
"On November 9, 1996, at around 1:00 o'clock in the afternoon, Iries was alone in her room at the said boarding house, lying on her bed, after returning from a practice session of their school band as a baton twirler. Her three other roommates, Bebeth Cabansa, Rosalia Nalla, and Rochelyn Nalla, had already gone home, it being a Saturday. Appellant entered her room and closed the window and door of the said room. He held her two hands behind her back and pointed a knife at her and warned her not to make a noise or else, he will kill her. Appellant thereafter removed his short and brief, then inserted his penis into her vagina and did the pumping motion. Because of the pain, Iries cried. After consummating his bestial desire, appellant left her crying. Iries saw blood on the bedding (TSN, January 6, 1998; pp. 8-11).
"Iries got dressed but because of the pain, she just stayed in her boarding house. She no longer attended the school band practice for that afternoon. (Ibid., p. 12).
"The following Monday and Tuesday, Iries did not attend her classes because her vagina was still painful and for fear of appellant.
"When Iries went home to her place in La Roxas, Malaybalay, Bukidnon, she did not reveal the rape incident to her mother because of fear, having been threatened by appellant that he will kill her as well as her parents (Ibid., pp. 14-15).
"On November 17, 1996, Iries transferred to another boarding house at Purok 6, Malaybalay, Bukidnon for fear of appellant. Moreover, since appellant used to station himself on Iries' way to school, she no longer attended her school regularly (Ibid., p. 16-17).
"On December 2, 1996, Iries' mother learned of her frequent absences from school from her previous roommates, the Nalla sisters. This was further confirmed by Iries' substitute teacher, Cecilia Sadicon. When she confronted Iries [about] her frequent absences from school, the latter was evasive (TSN, January 6, 1998, p. 29).
"Noting her paleness, Iries' mother decided to bring her to, the Maramag Provincial Hospital. It was only in the hospital, before Iries could be examined by the doctor, that she revealed the rape to her mother (Ibid., pp. 15, 17 & 30).
"In the hospital, Iries was examined by one Dr. Venus Tagarda, who confirmed complainant's claim that she was raped. Thereafter, upon the advise of Dr. Tagarda, complainant, together with her mother, went to the police station to file a complaint and to have appellant arrested (Ibid., p. 31)."
"From the evidence presented the court is convinced that accused Felipe Hofileña committed the crime of rape as charged. A young, simple girl of 13 could not have invented such a heinous crime against a 49-years old married man. There was no bad motive shown, nor did the court [find] any, why private complainant dared to expose herself to shame and perhaps ridicule in reporting a false accusation of rape. Iries was straightforward, although shy, while testifying in court.Hence, this appeal.
"In the face of the overwhelming evidence presented by the prosecution, the bare denial of the accused has to be rejected. His alibi is too weak to gain any credence. The distance of, say, 6 kilometers from his place of work to the boarding house of Iries is no[t] far enough as to make it impossible for him to leave his work and be back in one hour. Admittedly there are [means of]transportation, like 'tri-sikads' (tricycles) travelling between Crystal and the poblacion. Accused is not [a] stranger to Iries who was boarding at a house very near his own residence.
"The Daily Time [Record] (Exh. `1') submitted by the accused is hardly of help to prove his innocence. Its submission lacks corroboration or authentication by either the time keeper or any official of the Victorias Milling Co. Furthermore, as mentioned above, it was not impossible for the accused to leave his work for an hour in order to be at the scene of the crime."
In disposing of this appeal, we shall take into consideration the following issues: (1) the sufficiency of the prosecution evidence, (2) the appellant's alibi, and (3) moral damages.
"The Court of origin erred in not giving credence to the documentary as well as testimonial evidences presented by the defense calling for the acquittal of the accused-appellant herein.
"The Regional Trial Court in Malaybalay City (Bukidnon) xxx committed an error in not exculpating the accused-appellant of the crime charged in the information due to reasonable doubt."
Her testimony clearly demonstrates that the appellant had carnal knowledge of her by force or intimidation. Under Article 335 of the Revised Penal Code, as amended, rape is committed "by having carnal knowledge of a woman xxx [b]y using force or intimidation." In the present case, appellant used such force and intimidation by threatening the victim with an eight-inch knife to keep her from shouting.
"Q - Now, at about 1:00 o'clock in the afternoon of November 9, 1996, can you recall where were you? A - Yes. Q - Where were you at this time? A - At our boarding house. Q - What were you doing there at that time? A - I was lying down. Q - By the way, can you recall what day was November 9, 1996? A - Saturday. Q - Where were you lying at that time? A - On a bed. Q -. Where is this bed located? A - Inside the boarding house. Q - Meaning inside the room of your boarding house? A - Yes. Q - Why were you lying at that time? A - Because I just came from [a] practice session of our band. x x x x x x x x x Q - Now, you said you were lying down at that time inside the room of your boarding house, [did] you have [a] companion during that time in that room? A - x x x x x x x x x They already went home because that was a Saturday. Q - Now, while you were lying down inside the room of your boarding house, what transpired if there was any? A - Felipe Hofileña came inside. A - x x x x x x x x x Q - Now, when Felipe Hofileña suddenly came inside your bedroom, what transpired next? A - He held my two hands. Q - After holding your two hands, what did he do next? A - He closed the window of the room and also the door of the said room. Q - After he closed the door and the window of the room, what transpired next? A - He then held my hands behind my back and pointed a knife at me and warned me that I should not make any noise because he will x x x kill me. Q- Now, after Hofileña placed your hands at your back pointed a knife to you and said do not make any noise because he is going to kill you, what did he do next? A - He then removed my skirt and my panty. Q - Was he able to remove your skirt and your panty? A - Yes. Q - After your skirt and panty [were] removed, what did he do next? A - He then also removed his short and his brief. Q - After he removed his short and brief, what did he do next? A - He then inserted his penis inside my vagina. Q - After placing his penis into your vagina, what did he do next? A - He continued to put it inside and stayed there for a long time. COURT: (to witness) Q - Did he make a pump? A - Yes, your Honor. Continue. PROSECUTOR DALAPO: Q - Now, while he was doing his pumping motion over you after you said he inserted his penis to your vagina, what did you do? A - I only cried. Q - Why you only cried? A - Because it was painful. Q - Other than crying, what else did you do if there is [any]? A - I only cried. Q - Now, while he was pumping you said when he inserted his penis to your vagina, what did you feel if any during that time? A - Pain. Q - What part of your body was painful? A - My vagina. Q - Now, you said he was pumping after he placed his penis to your vagina, what transpired next after pumping? A - He just left. Q - Now, when this Hofileña left, what did you do? A - I continued crying. Q - After that what transpired next after crying? A - I then changed my clothing. Q - Why did you change your clothing? A - I put back the skirt that was removed but I changed my panty. Q - Now, by the way Iris right after Hofileña left the room and before you changed your panty, did you look at and observe xxx what happened to your vagina and your thighs? A - x x x x x x x x x A - There was a small blood. A - x x x x x x x x x PROSECUTOR DALAPO: Q - Now, how were you able to see this small blood? A - Because I saw the blood on the beddings. A - x x x x x x x x x Q - Now, after you changed your panty, what did you do? A - I just stayed in the boarding house. Q - Now, you said that you stayed there in your boarding house on Saturday because you had a band practice, [d]id you xxx practice in the afternoon that whole day? A - Yes, because our practice was [the] whole day. Q - And did you attend the practice xxx that afternoon? A - No. Q - Why? A - Because I felt pain when I walked. A - x x x x x x x x x Q - How about in the evening, what did you do? A - I just closed the room very well. Q - Why, why did you close the room very well? A - Because I was afraid that Felipe Hofileña might come back."
"PROSECUTOR DALAPO Q: For the record Doctor, will you please read for the record your findings of the examination you made? A: I put entry Introitus and Nulliparous. Meaning to say she has not given birth. And I examined the hymen and it [appeared] that there was [an] old laceration at the rationing [sic] of designated areas which [were] 3:00 o'clock, 6:00 o'clock, 11 "00 o'clock and 1:00 o'clock. I noted also that there was absence of pubic hair. Q: These lacerations Doctor, could it be possible that it has been caused by a laceration of a penis? A: It could be possible. Q: Now, it says here old healed laceration and your examination was on December 2, 1996. Now, this old healed laceration, could it be possible that the same could have been caused on November 9, 1996? A: It could be possible."