401 Phil. 322
PANGANIBAN, J.:
"That sometime [i]n or about the first week of May, 1993 at around 11:00 o'clock in the morning, in the Municipality of Baras, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, acting with lewd designs, and by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of an 11 year old minor in the person one DYNA BUIZA Y BARTOLATA without the will and consent of said minor."[2]
"Wherefore, x x x the guilt of the accused [having] been proven beyond reasonable doubt, said accused is hereby sentenced to [r]eclusion [p]erpetua. Accused Darwin Bantayan is further ordered to pay the victim Dyna Buiza the amount of P50,000.00 by way of civil indemnity."[4]
"Sometime in the morning of May 1993, Dyna Buiza, then nine (9) years old, having been born on November 28, 1984 (Exhibit A) and her brothers and sister were left home in Sitio Sinco, Pinugay, Baras, Rizal by their parents to attend the interment of a neighbor (pp. 3-5, tsn, January 29, 1997). After Dyna's parents left, she went outside the house to play with her friend (p. 8, tsn, April 1, 1997) while her brothers and sister Daisy roamed around (p. 6, supra). Darwin Bantayan, whose wife and Dyna's mother are cousins (p.a 3, tsn, January 29, 1997), lived in the same locality with the Buiza's (p. 3, supra). After Dyna was through playing, she entered the house and saw Bantayan sleeping at the sala. Dyna proceeded to an improvised comfort room (C.R.) located at the kitchen to urinate, passing thru the sala (p. 6, supra). After relieving herself, Dyna noticed Darwin behind her. Surprised, Dyna rushed towards the door but Bantayan blocked her way, held her arms, lifted and brought her to the comfort room. Dyna shouted and pleaded to Darwin to put her down. Instead, Bantayan dropped her at the place where Dyna urinated. Bantayan started to undress Dyna by removing her shorts and t-shirt. Subsequently, Bantayan undressed himself and went on top of Dyna and inserted his sex organ into Dyna's. Suddenly, the door opened as Daisy, the younger sister of Dyna, entered the house through the kitchen. Daisy saw Bantayan on top of her sister, Dyna. When Daisy ran outside the house (pp. 4-5, tsn, July 23, 1997), Bantayan threatened Dyna with death if she reported the incident to anyone and then ran after Daisy (p. 10, tsn, January 29, 1997). When Daisy stopped in front of `Ate Leny's' house, Bantayan angrily approached and threatened to kill Daisy and her brothers and sister if she ever revealed to anybody what she saw (p. 6, tsn, July 23, 1997). Fearful of Bantayan's threat, Daisy and Dyna remained silent about the matter (p. 10, supra). However, whenever Dyna and Daisy quarreled, the latter would tease the former with what Bantayan did to her (p. 11, supra).
"[O]n the morning of May 21, 1996, a certain Lolita Pertes came to Purificacion Hernandez' house at Sitio Cinco, Puringay, Baras, Rizal about fifteen (15) meters away from the Buiza residence (pp. 2-3, sn, October 22, 1997). Hernandez is the sister-in-law of Rosemarie Buiza, Dyna's mother (p. 8, supra). Pertes told Hernandez to go to the Buiza[s'] house to pacify Dyna and Daisy who were quarreling. Pertes also informed Hernandez that she heard Daisy saying, `Isusumbong kita kay mama, ni[-]rape ka ni Darwin Bantayan' (p. 3, supra). Hernandez pacified the two sisters and in answer to Hernandez' questions, Daisy admitted that she saw Bantayan rape his sister x x x. Hernandez, nevertheless, went to the `Coop' about fifty meters away where Rosemarie works and advised her `Inday umuwi ka muna sa bahay mo, may nangyari kay Dang Dang' (Dyna) (p. 4, supra). Rosemarie confronted her daughter Dyna about the incident and the latter admitted that she was raped by Bantayan (p. 4, tsn, April 15, 1997). Rosemarie brought her daughter to the police station where they were investigated and advised to submit Dyna to a medical examination (p. 5, supra). Dr. Jesusa Vergara, PNP Crime Laboratory, Camp Crame, Quezon City, examined Dyna. Dr. Vergara's Report showed that Dyna Buiza was already in a non-virgin state physically, with healed lacerations at 9:00 o'clock and shallow healed lacerations at 7:00 o'clock (Exhibit C).
"After the case was filed, the trial court issued an Order dated October 10, 1997, directing the PNP Crime Laboratory at Camp Crame, Quezon City to re-examine Dyna Buiza, which complied through Dr. Dennis Bellin whose Medical Report showed `shallow healed laceration at 1, 5, and 7 o'clock positions and a deep healed laceration at 9:00 o'clock and that these healed lacerations could have been caused by the introduction of a hard, erect penis (p. 6, tsn, February 18, 1998). These lacerations were reflected in the earlier medical report of Dr. Jesusa Vergara (p. 7, supra).
"During the pendency of this case a quo, Bantayan's wife sought the help of Rosemarie Buiza's wedding sponsors and some of Bantayan's relatives (p. 8, tsn, April 15, 1997) in settling this case amicably by proposing to turn over to the Buizas whatever resignation benefits Bantayan's employer [would] give him (supra). Rosemarie, however, stood pat in her decision to prosecute Bantayan."[7]
"Accused Darwin Bantayan is 34 years old[,] married and presently residing at Pinugay, Baras, Rizal and [who] likewise worked with Foremost Farm at Baras, Rizal since July 27, 1991. He was a member of the Board of Director[s] of the KMU (Kilusang Mayo Uno) from 1992 up to the date he was arrested.
"[O]n October 20, 1995 and not [in] May, 1993, a neighbor named Benjamin Bello died. Accused recalled having attended the wake the night before he (Benjamin Bello) was buried. On the day of the burial of his neighbor, accused did not attend. He slept at 10:00 o'clock in the morning and woke up at 3:00 o'clock in the afternoon.
"The accused only learned of the accusation from his neighbors named Minica Morada and Mercy Barate who went to his house urging Darwin Bantayan to escape because he was being charged [with] rape. The accused [told] his neighbors not to play jokes because rape is a serious crime. And thereafter, he continued reporting to his work.
"In the afternoon of May 23, 1996 at around 1:00 o'clock in the afternoon while the accused was working at Foremost Farm, Police Chief Rolando Paz together with a policemen arrested him and brought him to Baras Municipal Hall, Baras, Rizal where he was incarcerated.
"As a result of his imprisonment, Darwin Bantayan got sick, sold his properties and lost his job. The accused even sought the assistance of Governor Casimiro M. Ynares, Jr., Provincial Governor of the Province of Rizal.
"Darwin Bantayan claimed that one of the reasons why complainant's parents were angry at him was because he was fond of singing the songs `Singsing' by the 3 Sullivans and `Inday ng Buhay ko' by Victor Wood, his favorites. The accused used to sing with the accompaniment of a guitar. One day complainant's parents confronted him (Darwin Bantayan) and got irritated when he sang the songs repeatedly. The accused told the parents that the song[s] were his favorites.
"Another reason why the complaint for rape was filed against Darwin Bantayan was because the parents thought that he was claiming the land and they wanted to have Darwin Bantayan's family ejected.
"The accusation lodged against him is a mere frame-up/set-up by the mother of the victim."[8]
"As between the version of the prosecution and that of the defense, the former's version is reliable and worthy of credence. Complainant was only 9 years old on the date she was allegedly raped in May, 1993. The Certificate of Live Birth, Exhibit "A", indicates that she was born on November 28, 1984. Between x x x affirmative and negative statements, the former is preferred. Positive testimony is weightier than a negative one (People vs. Macario, 240 SCRA 53).
There is no question, therefore, that the charge against the accused Darwin Bantayan constitutes statutory rape and regardless of whether there was force or none when the rape was committed, it is still rape under the provisions of the Revised Penal Code. While the complainant's version is credible and worthy of belief than x x x the defense's version, the fact is that complainant, a barrio lass, aged 9 years old at the time of rape, will not concoct statements simply to accuse Darwin Bantayan of the offense he committed against her. Motive on the part of the accused as portrayed by him of why he was being charged of rape is highly unbelievable. [sic] The claim that the parents of the complainant got angry with him because said accused used to sing the songs "Inday ng Buhay Ko" and "Singsing" cannot be believed. On the contrary, those songs when s[u]ng nicely adjusted to their tune [would] be appreciated by the hearer[s] like the parents of the complainant. Another motive given by the accused for the parents becoming angry at him was that the parents thought that the accused [was] claiming the land and even wanted them to be ejected therefrom. But that is only an afterthought on the part of the accused. In fact, there was no case of ejectment instituted against the parents of the complainant, neither was there a claim of ownership over the land owned by the parents. Records show none. Moreover, motive becomes relevant only when accused has not been positively identified. (People vs. Sarino, 221 SCRA 234). In this case, accused is positively identified by the complaining witness."[9]
"Q And what happened when he blocked your way? A He carried me. Q Will you describe to us the manner [in which] this Darwin Bantayan carried you? May we ask that it be demonstrated. A I was held by Darwin Bantayan at my arms, left and right, while facing each other. Q Now, after holding you at your side arms, did he lift you? A Yes, sir. Q And after lifting you, where did he bring you? A I was brought to the place where I urinated. Q Is that in the exact place? A Yes, sir. Q Now, what did you do if any while this Darwin Bantayan lifted you? A I shouted, sir. Q And what did you shout? A I told him to bring me down. Q How many times did you make that plea to Darwin Bantayan? A Several times, sir. Q Now, after bringing you to the kitchen, what did he do? A "Pabagsak akong inilapag". Q Where did he drop you? A To the place where I urinated. Q And then after dropping you, what happened next? A He undressed me, sir. Q What were you wearing at that time? A T-shirt and shorts. Q What did he remove first? A My shorts, sir. Q And after removing your shorts, what else did he remove if any? A My t-shirt. Q Now, while he was undressing you, what was your position at that time? A Sitting, sir. Q While he was in the process of removing your shorts and your t-shirt, what were you doing at that time? A I told him not to do this thing to me. Q When you said not to do this thing to me, what [did] you have in mind? A That he [was] going to rape me again. Q I would like to make it of record, Your Honor, that the witness is crying at this moment. What was the answer or reaction if any of this Darwin Bantayan to your plea? A He continued doing his act. Q Now, at the time that this Darwin Bantayan was undressing you, [was] he in full clothes at that time? A Darwin Bantayan was wearing x x x shorts and a t-shirt. Q Now, after he was able to remove your shorts and t-shirt, what did he do with [his] clothes at that time, if any? A Darwin undressed himself. Q And after undressing himself, what did he do? A He placed himself on top of me. Q And while he was on top of you, what did he do? A Darwin inserted his private organ into my organ. Q Was he able to insert his private organ? A Yes, sir, he was able to insert his organ. Q Now, when he was able to insert his private organ in your private organ, what did he do? A After inserting his organ into my organ, suddenly the door opened because of my sister. Q What is the name of your sister who entered? A Daisy, sir. Q By the way, how old were you at that time? A 9 years old, sir. Q How about this Daisy who entered the house, how old was she? A She was 7 at that time, sir. Q Now, what did this Daisy do when she entered your house? A After entering our house and she saw us, she ran outside, sir. Q How about Darwin Bantayan, did he notice this Daisy when Daisy entered the house? A Yes, sir. Q Now, what did this Darwin Bantayan do when he saw that Daisy saw both of [you] and afterwards ran outside? A Darwin Bantayan threatened me to be killed if I reported the incident."[12]
"Q: Now, do you recall if there was an unusual incident that you witnessed in the year 1993 when you were in Grade II between Dyna Buiza and Darwin Bantayan?
x x x x x x x x x
WITNESS: Yes, sir. FISCAL RAMIREZ: What is that? A: The shorts of Darwin Bantayan [was] pulled down and he [was] naked, and he was on top of my sister Dyna. Q: How about your sister Dyna Buiza, what was her appearance at that time while Darwin Bantayan [was] on top of her? A: She was also naked. Q: Where were they at the time when they were on top of each other? A: At our kitchen. Q: In your house? A: Yes, sir. Q: Now, how far were you from Darwin Bantayan and Dyna Buiza when you saw them in that situation? A: (Witness is referring to a woman wearing a white blouse, which is around five to six meters more or less). [sic] Q: Now, where did you come from before you entered that kitchen? A: I came from the sampaloc tree before entering the kitchen. Q: Now, what did you say if any when you saw Darwin Bantayan and Dyna Buiza in that position? A: I did not say anything. Q: Now, did you notice if Darwin Bantayan and Dyna noticed your presence, your arrival in the kitchen? A: Yes, sir. Q: What made you say that they noticed your arrival at the kitchen? A: When I entered the room the door made a sound. Q: Now, while you were still at the kitchen, did Darwin Bantayan look at you? A: Yes, sir. Q: Now, what did you do when you saw this Darwin Bantayan and Dyna Buiza in that position? A: I ran outside, sir. Q: Where did you go? A: I went to my auntie."[13]