389 Phil. 429
MENDOZA, J.:
The undersigned Assistant Provincial Fiscal accuses Adang Dreu as principal by direct participation and Minda Dollesin as principal by indispensable cooperation, both residents of Rangas, Juban, Sorsogon, of the crime of Rape, committed as follows:The facts are as follows:
That on or about the 11th day of May, 1986, in Barangay Rangas, Municipality of Juban, Province of Sorsogon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Adang Dreu, did then and there, wilfully, unlawfully and feloniously, by force and intimidation while Josephine Guevarra was deprived of reason or otherwise unconscious have sexual intercourse with said Josephine Guevarra, against her will and consent, and with the indispensable cooperation of Minda Dollesin, to the damage and prejudice of said Josephine Guevarra.
ACCORDINGLY, the accused Wilson alias Adang Dreu is convicted of Rape defined and penalized under paragraph 1 Art. 338 as amended by Republic Act No. 4111 and sentenced him to Reclusion Perpetua and to indemnify the offended party the amount of P30,000.00 for moral damages and costs of suit.Hence, this appeal. Accused-appellant assigns the following errors:
The appeal has no merit.
I. THE TRIAL COURT GRAVELY ERRED IN FINDING THAT ACCUSED-APPELLANT USED FORCE AND INTIMIDATION WHEN IN FACT THE SEXUAL INTERCOURSE WAS WITH THE MUTUAL CONSENT OF THE PRIVATE COMPLAINANT AND ACCUSED-APPELLANT. II. THE TRIAL COURT GRAVELY ERRED IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONY OF THE PRIVATE COMPLAINANT DESPITE THE VARIOUS INCONSISTENCIES AND CONTRADICTIONS IN HER TESTIMONY ON SOME MATERIAL AND VITAL POINTS. III. THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE WEAK EVIDENCE PRESENTED BY THE PROSECUTION AGAINST HIM.
. . . No young Filipina of decent repute would publicly admit she had been raped unless that was the truth. Even in these modern times, this principle still holds true.Nor can we sustain accused-appellant's claim that there was no force or intimidation employed by him in this case. In People v. Fraga,[22] we held:
Besides, even if indeed accused-appellant and complainant are sweethearts, this fact does not necessarily negate rape. "A sweetheart cannot be forced to have sex against her will. Definitely, a man cannot demand sexual gratification from a fiancee and, worse, employ violence upon her on the pretext of love. Love is not a license for lust."
The test is whether the threat or intimidation produces a reasonable fear in the mind of the victim that if she resists or does not yield to the desires of the accused, the threat would be carried out. Where resistance would be futile, offering none at all does not amount to consent to the sexual assault. It is not necessary that the victim should have resisted unto death or sustained physical injuries in the hands of the rapist. It is enough if the intercourse takes place against her will or if she yields because of genuine apprehension of harm to her if she did not do so. Indeed, the law does not impose upon a rape victim the burden of proving resistance.In this case, accused-appellant covered Josephine's head with a jacket laced with rugby which made her dizzy, making it easy for him to drag her to a secluded area and abuse her. He poked a knife at her side. The nausea and fear not only prevented Josephine from putting up a resistance, but even caused her to lose consciousness.
That there was no medical examination report presented, sign of resistance during the actual copulation, or proof of violence committed against MARGIE does not detract from our conclusion that she was raped. A medical examination is not indispensable in a prosecution for rape. Medical findings or proof of injuries, virginity, or an allegation of the exact time and date of the commission of the crime are not essential in a prosecution for rape. . .Second. Accused-appellant claims that Josephine's testimony is full of inconsistencies and contradictions which render the same incredible and negates any moral certainty as to his guilt. In his brief, he points out the following inconsistencies and contradictions in Josephine's testimony:
. . . [The defense's contention is not bolstered by the victim's] failure to put up a strong resistance or shout for help, nor by the fact that there was no sign of force and intimidation, which should be viewed in the context of the victim's perception and judgment at the time of the commission of the offense. It is subjective; thus, lack of physical resistance cannot be considered consent.
The inconsistencies in Josephine's testimony, however, concern minor matters and, therefore, are inconsequential. They do not in any way render her account less credible. Moreover, there is no showing of any ulterior motive on the part of Josephine to testify falsely against accused-appellant. We note that she was called to the witness stand four (4) times in a span of seven (7) years, viz.: February 17, 1988, August 8, 1988, February 17, 1992 and March 6, 1995. All throughout, she never wavered on the material points of her testimony: that she went to the dance on the night of May 10, 1986; that she was on her way home from the dance when her friend, Minda Dollesin, asked her to go with her to Minda's house; that instead of going to Minda Dollesin's house, they went to the house of a certain Victor Guerrero on the pretext that Minda wanted to get something from her store in that house; that, while waiting for Minda Dollesin by the door, accused-appellant came out of the house, covered her head and face with a jacket that smelled of rugby, held a knife at her side, and pulled her to a grassy area behind the house; that accused-appellant then took the jacket off her head, undressed her by pulling down her pants and underpants; that accused-appellant then took off his own pants and went on top of her; that because of fear and nausea, she lost consciousness; that when she came to, she felt some pain in her private parts and saw that she was bleeding; and that when accused-appellant had left, she gathered strength to put on her clothes and walk to the roadside where she was found by her brother Jessie Guevarra.
1. Place of incident as testified to by private complainant. 1.01. Beside a grassy road at Rangas, Juban, Sorsogon (Exhibit D) Question and Answer No. 3, p. 2) 1.02 At the back of the house of Victor Guerrero, 30 meters from the road (TSN, Feb. 17, 1992, p. 44). .... 2. Where alleged rapist came from: 2.01. A man suddenly appeared from behind. (TSN, Feb. 17, 1988, p. 9) 2.02. A man suddenly went out of the door and she glanced at him. (TSN, February 17, 1992, p. 27). 3. Alleged force and intimidation employed 3.01. Accused was holding a Batangas knife-like instrument with his right hand which the victim felt but was not able to see. (TSN, February 17, 1992, p. 10) (...later this was changed) 3.02. it was a Batangas knife because it has a handle and it could be folded; that she was looking at this knife while she was being dragged. (TSN, February 17, 1992, p. 38) 4. While being raped: 4.01. Victim's aunt and other companions went ahead to their respective houses. (TSN, February 17, 1992, p. 61) 4.02. Victim's companion including her aunt were at the waiting shed but left when stoned were hurried at the shed; that she heard the sound of stones hurried; that when she was being raped the shed was stones and she could hear the thuds of the stones on the walls. (TSN, August 18, 1988, pp. 22-23) However in another part of her testimony 4.03. she stated that after the accused-appellant removed her panty, she did not know anymore what happened because she lost her consciousness already. (TSN, February 17, 1992, p. 14) . . . . 5. After the alleged rape: 5.01 After she was raped, complainant cried because the accused-appellant left her then she provided to the waiting shed. (TSN, August 18, 1988, p. 5) 5.02. Her brother Jessie came upon her at the side of the road where she sat; (TSN, February 17, 1992, p. 15) she was alone which prompted her brother to ask her what happened (TSN supra, p. 17) she told her brother what happened. He got angry. Later Minda Dollesin came out from her house with cousin Panit Dreu; (TSN, supra, p. 18) This declaration of the complainant is very much inconsistent with the statement of her brother Jessie Guevarra, to wit: 5.03. When Jessie arrived at the waiting shed, he saw her sister crying; she was sitting at the said waiting shed with two other companion, Adan Dreau and Panit Dreau; he asked her what happened; she did not say anything; the two men left for a while and returned to the shed with Minda Dollesin; Jessie and her sister then proceeded home. (TSN, January 24, 1989, pp. 3-6) Jessie Guevarra's testimony was likewise contradicted when he again took the witness stand 5.04. On May 11, 1 986 around midnight, she was at the waiting shed of Rangos, Juban, Sorsogon. When he was about to leave met his sister Josephine near the road crying; she was squatting along the road, he then brought her home. (TSN, May 10, 1993, pp. 3-4, emphasis added).[24]
We have ruled that the protracted examination of a young girl, not accustomed to public trial, could produce contradictions which nevertheless would not destroy her credibility. Paradoxically, they may be badges of spontaneity, indicating that the witness was unrehearsed. . .Third. Finally, accused-appellant's guilt is established by the fact that he offered to marry Josephine after the incident was reported to the authorities. This was testified to by Josephine,[27] her father, Pablo Guevarra,[28] her mother, Wennie Guevarra,[29] and by accused-appellant himself.[30] As a rule in rape cases, an offer of marriage is an admission of guilt.[31]
When there is no evidence to show any improper motive on the part of the complainant to testify against the accused or to falsely implicate him in the commission of a crime, the logical conclusion is that the testimony is worthy of full faith and credence.