394 Phil. 491
"WHEREFORE, in view of the foregoing premises, this court finds accused Lito Rosales guilty beyond reasonable doubt of the crime of rape and hereby sentences said accused to a penalty of reclusion perpetua. Accused is further ordered to indemnify the victim in the amount of P50,000.00 as damages in line with latest jurisprudence.In an Information dated March 3, 1993, accused-appellant was charged with the crime of rape committed as follows:
Accused is entitled to full credit of the preventive imprisonment he had undergone if he has abided by the rules and regulations imposed upon inmates by the authorities of the Provincial Jail of Davao del Sur, otherwise, he shall be entitled only to four-fifths of the preventive imprisonment he had undergone.
"That a little past 10:00 or thereabout, in the evening of December 20, 1992 along riverside Villa Alde St., Bansalan, Davao del Sur, within the jurisdiction of this court, the said accused with deliberate intent, did then and there wilfully, unlawfully and feloniously hold forcibly, pull and drag to the bank of the river one Helen V. Villaflor, a 17-year old, feeble-minded female retardate, and against the will and despite the resistance of the latter, push and steady her against a rock, cover her mouth, remove her panty and ultimately have carnal knowledge with the victim, to her damage and prejudice.The prosecution established that on December 20, 1992, at 10:00 in the evening, Helen Villaflor was in the store of her sister Vilma at the public market in Bansalan, Davao del Sur. With her was her mother and another sister, Nena. Nena requested Helen to buy some sheets of cellophane at another store nearby. There were three other customers at the store. It was very dark that night as there was a brown-out and the only light was provided by a "mitsa" lamp. Helen bought the cellophane. As she left the store, accused-appellant suddenly appeared and pulled the girl towards him. He covered her mouth with one hand and with the other, held her hands behind her.
CONTRARY TO LAW."
"P.E. findings:Accused-appellant denied having raped Helen. He said that they were sweethearts and that they had sexual intercourse because Helen consented to it. Accused-appellant alleged that they became sweethearts on December 6, 1992, a week after he arrived from Southern Leyte. He was employed as a baker at the La Suerte Bakery which was adjacent to Helen's house. On December 20, 1992, at 7:00 P.M., he was sitting in front of the bakery when Helen and a companion whom he did not know passed by. Helen called him and asked him to accompany her to buy bread at Leynes' Bake Shoppe. He went with them. After buying bread, Helen proceeded to her sister's store at the public market while he returned to the bakery.
+ swollen, erythematous labia majora
+ complete fresh laceration of hymen with slight bleeding
+ admits 3 cm diameter vaginal speculum with ease
+ erythema over L face
+ contusions over L forearm mid-anterior and lower lip
Laboratory examination--- + for presence of sperm cells
Remarks: physical virginity is lost."
"THE TRIAL COURT ERRED IN FINDING THE ACCUSED GUILTY OF RAPE BEYOND REASONABLE DOUBT DESPITE THE FACT THAT THE TESTIMONY OF COMPLAINANT HELEN VILLAFLOR IS DOUBTFUL AND CONTRARY TO HUMAN EXPERIENCE."The only issue accused-appellant raises is the credibility of Helen Villaflor's testimony.
Helen's testimony is direct, straightforward and categorical, and she did not waver even on cross-examination. She had no motive to concoct the charge against accused-appellant. Helen's credibility is further strengthened by the spontaneity of her act immediately after the incident. After the assault on her virtue, Helen lost no time in reporting the incident to her family and this is a clear manifestation that she was telling the truth. The trial court therefore did not err in giving her testimony full faith and credence.
"PROSECUTOR QUIÑONES Q: Can you recall Miss Witness where were you on December 20, 1992 at around 10:00? HELEN VILLAFLOR A: I was in our store. Q: Where is your store located? A: It is in the place where Benito's Bakery is situated. Q: You are pointing to the public market of Bansalan? A: Yes, sir. Q: Bansalan, Davao del Sur? A: Yes, sir. Q: Who was with you last December 20, 1992 at around 10:00 in the evening? A: I was with my mother and older sister. Q: Now, do you recall if there was an unusual incident that transpired last December 20, 1992? A: There was. Q: What was that unusual incident that took place Miss Witness? A: A rape. Q: Who was raped? A: Me. Q: How did it happen Miss Witness? A: My older sister ordered me to buy cellophane. Q: What is the name of your older sister who ordered you to buy cellophane? A: Nena Villaflor. Q: Now did you proceed to buy cellophane? A: Yes, sir. Q: Where if you can recall? A: I bought cellophane in the store which is beside the store of my sister. Q: Were you able to buy cellophane? A: Yes, sir. Q: Were you able to come back after buying? A: No more. Q: Tell the Honorable Court why you failed to come back? A: He suddenly pulled me. Q: What else happened after he pulled you? A: He covered my mouth with his hand and brought me towards the public market. Q: Did you arrive at the public market? A: Yes, sir. Q: After that what next happened? A: He brought me towards the river. Q: How far is this river where you were brought by the accused from the public market? A: About two (2) kilometers. Q: Kindly indicate assuming that where you are now sitting to (sic) the public market? A: That Shell station.
(counsels agreed to be 100 to 120 meters)
Q: Now, where particularly in the river Miss witness? A: He brought me towards the side of the river. Q: How were you brought towards the river? A: He dragged me. Q: What happened when you arrived at the river? A: When we reached the side of the river I shouted and he covered my mouth with his hand and suddenly slapped me and hit my right elbow and boxed my right thigh. Q: After that what happened to you? A: He undressed me. Q: After that what next happened? A: He raped me. ATTY. GUYOT: I would like to manifest for the record that the word "gipahimuslan" or "make used of" be placed on record, Your Honor. PROS. QUIÑONES : (Continuing) Q: What do you mean by "gipahimuslan" A: (witness gesturing with her right finger pointing to her lap successively) Q: What do you mean Miss witness when you do like this? A: He made (sic) sex with me. And after having sex with me he boxed me. Q: Where? A: At my right thigh. Q: How many times he made (sic) sex with you? A: Twice. Q: You said that you were brought to the river and you were pulled or dragged by the accused, kindly tell the Honorable court your surroundings at that time you were dragged? A: It was hilly and there were many stones. Q: Were there houses nearby? A: There were houses but they were located on the other side. Q: How about at the public market where he started to pull you were there people around or how about the lighting? A: It was dark. Q: Why did you say that it was dark? A: It was brown-out during that time. Q: Now, you said that you were sexually abused for (sic) two (2) times, what next transpired? A: No more. Q: Where did you proceed after that? A: He left me and after that I went home and told my older sister what happened to me. Q: You said that you were left by the accused, you were left where? A: By the river side. Q: It took you how many minutes to go to your house? A: I do not know. Q: Now, you said that you went home and informed your sister about what happened to you, kindly tell us who is this sister of yours that you informed? A: Vilma, she is in court now. Q: Please point to her. A: (witness pointed to a woman in court who when asked of her name answered Vilma Villaflor). Q: Where was that when you informed her? A: In our store. Q: You are referring to that store in the public market? A: Yes, sir. Q: After you informed her what next happened? A: We went to the police station and had the incident entered in the police blotter. Q: Who went to the police station to have the incident blottered? A: Me together with my sister and mother."