373 Phil. 430
PANGANIBAN, J.:
“IN VIEW OF THE FOREGOING, judgment is hereby rendered:On June 30, 1997, Sofia M. Balena filed three Complaints[3] of rape against Appellant Buendia. The similarly worded Complaints read:
“a) In Criminal Case No. 97-866, finding accused Efren Buendia guilty beyond reasonable doubt in the crime of rape and the Court hereby sentences him to suffer, taking into consideration the absence of mitigating and aggravating circumstances, the penalty of reclusion perpetua and to pay Sofia Balena the sum of P50,000.00 as moral damages;
“b) In Criminal Case No. 97-867, finding accused Efren Buendia guilty beyond reasonable doubt in the crime of rape and the Court hereby sentences him to suffer, taking into consideration the absence of mitigating and aggravating circumstances, the penalty of reclusion perpetua and to pay Sofia Balena the sum of P50,000.00 as moral damages;
“c) In Criminal Case No. 97-868, finding accused Efren Buendia guilty beyond reasonable doubt in the crime of rape and the Court hereby sentences him to suffer, taking into consideration the absence of mitigating and aggravating circumstances, the penalty of reclusion perpetua and to pay Sofia Balena the sum of P50,000.00 as moral damages.”[2]
“That on or about the 10th day of March 1996, in the City of Makati, Philippines, a place within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife and by means of force and intimidation, willfully, unlawfully and feloniously ha[d] carnal knowledge of the undersigned, against her will.”[4]After State Prosecutor Imelda P. Saulog certified that a preliminary investigation had been conducted, the three Complaints were treated as the Informations.
“When the crimes were perpetrated on March 10, 1996, Sofia Balena, the complainant, was a single mother of a one year and 5 months old son. Sofia lived at Masilang Street, Gudalupe Nuevo, Makati City. On the other[hand], Efren Buendia, the appellant, was the common-law-husband of Sofia’s younger sister. At that time he lived at Sto. Niño St., Brgy Southside, Ft. Bonifacio, Makati, which is five (5) houses away from that of Sofia.
“At midnight of March 10, 1996, Sofia was awakened from her sleep when she felt that somebody was fondling her breasts. When she opened her eyes, she readily identified Efren Buendia who was molesting her. Efren was all naked. Sofia started to shout but Efren was quick to cover her mouth with a blanket. Efren poked a knife at her face and threatened to kill her if she ma[de] a noise. Efren undressed her. Sofia resisted but Efren was too strong for her. Efren crawled over Sofia who was pressed down on her bed and he succeeded in inserting his penis into her vagina. After ejaculating, Efren rested. After 10 minutes of rest, Efren who was still holding the knife fondled Sofia’s breasts again and raped her for the second time. Efren rested for 15 minutes and then, he raped Sofia for the third time.
“Efren was exhausted. Then, he left, but not without threatening to kill Sofia, her father and her sister and to burn her house if she [squealed].
“Because of fear Sofia kept her fate to herself. Days later, when Sofia noticed that she was pregnant, she and her son left for Antique. They stayed in the house of her uncle. Three months after the rape, and that was June, 1996, Sofia could no longer conceal her pregnancy. Her uncle and older sister confronted her. And she unburdened herself. She told [them], Efren raped her.
“Her uncle and sister were enraged. Sofia’s father was summoned and when informed he fumed with madness. Sofia was advised to sue Efren. Money was raised for the transportation of Sofia, her son and her father in coming to Makati. And they came on December 22, 1996 to file the complaint. But Sofia and her father were able to file the complaint only [o]n February 1997 because Sofia gave birth on December 24, 1996.”[8]
“Accused testified that he did not rape complainant on March 10, 1996 but admit[ted] that complainant was his girlfriend, and that he and complainant had sexual intercourse for several times, three (3) times at the back of Betromix in Fort Bonifacio, and many times in his house, while his live-in partner who is the sister of complainant, [was] out of the house. Oftentimes, complainant rode in the tricycle he [was] driving, and xxx he was the one who accompanied complainant and her child to the pier when the two left for Antique on June 16, 1996. Had accused really raped complainant, then she would at least get away from him to show her dislike [of] what accused had done to her. On the contrary, even prior to March 10, 1996, and xxx thereafter accused and complainant were close to each other because on September 17, 1994 accused was the one who spent for the birth of the complainant’s first child. x x x”
“I. The trial court erred in convicting the accused upon the material testimonies of complainant who [was] the only witness of the prosecution and whose testimonies [were] contrary to human experience.In the main, appellant questions the credibility of the lone prosecution witness.
“II. The trial court erred in giving credence to the complaint of rape of complainant despite being filed on the twel[fth] month after the alleged incident took place when she had all the opportunities to do so.
“III. The trial court erred in rejecting the defense of the accused that he did not rape the complainant and that the complainant, Sofia was his girlfriend.”[10]
“Q And will you tell this Court what happened Miss witness?It has been held that the testimony of a single witness is sufficient to establish the guilt of the accused, for evidence is weighed, not counted.[14] Complainant’s testimony determines the outcome of the case,[15] because “when an alleged rape victim says she was violated, she says in effect all that is necessary to show that rape has been inflicted on her.”[16] Furthermore, appellant failed to show any ill motive on the part of the victim to testify falsely against him. Unless she was speaking the truth, she would not have concocted a story of sexual assault, undergone gynecologic examination, risked her relationship with her sister who was appellant’s common-law spouse, or subjected herself and her family to the trauma and the embarrassment concomitant to criminal prosecution.[17]
A On March 10, 1996 at mid-night 12:00 o’clock I felt somebody touching my body. May humihimas sa akin.
Q You said that somebody was touching your body, what part of your body was being touched?
A My breast, Sir.
Q And then what happened Miss witness?
A When I opened my eyes, I saw Efren Buendia naked.
Q And where was Mr. Buendia the accused in these cases, where was he when you saw him?
A beside me and he was totally naked.
Q And what happened next Miss witness?
COURT:
After touching your breast?
WITNESS:
A When I tried to shout he immediately covered my mouth with a blanket and poked a knife at me.
FISCAL FLORES:
Q Miss witness do you recall what hand did he use in covering your mouth?
A Right hand, Sir.
Q And with what hand did he use to hold the knife to poke it at your neck?
A Left, Sir.
Q Where did the accused poke the knife at you?
A At my neck, Sir.
Q After the accused covered your mouth and pointed the knife at your neck what happened next Miss witness?
A He threatened me not to shout otherwise he will kill me.x x x x x x x x x
Q What did you do when he threatened that he will kill you if you will shout?
A I just kept [quiet] because he was threatening me, Sir.x x x x x x x x x
COURT:
Q Hindi ka na lumaban?
WITNESS:
A I tried to fight him but the accused [was] stronger so I [could] not fight him.
FISCAL FLORES:
Q After the accused threatened to kill you, what happened next Miss witness?
A Nag-paubaya na lang ako until he undressed me.
Q What hand did he use in undressing you Miss witness?
A Right hand, Sir.
Q And what happened next Miss witness after he undressed you?
A He ordered me to [lie] down and then he [lay] on top of me.
Q What happened next Miss witness?
A He [lay] on top of me ‘hanggang matapos siya[’] and he touched me and kissed me.
Q By ‘matapos’ Miss witness what do you mean? Until he finished.
A Hanggang nakaraos siya.
COURT:
Put the words ‘hanggang nakaraos siya.[’]
Q What do you mean, it is very important for you to relay to the Court, what do you mean by ‘hanggang nakaraos siya’?
WITNESS:
A Kinantot po niya ako.
FISCAL FLORES:
Q In short Miss witness by your words he inserted his penis in your vagina.
A Yes, Sir, pinasok niya.
Q After you said ‘nakaraos’, what happened next Miss witness?
A He was still holding his knife and he [lay] beside me.
Q By your estimation Miss witness, how long did the accused rest?
A About ten (10) minutes, Sir.
Q After the accused rested, what happened next Miss witness?
A He again lay down on top of me and inserted his penis [into] my vagina.
Q And after that what happened Miss witness?
A He inserted his penis [into] my vagina ‘at nakaraos siya uli sa akin’.
Q After the second time na nakaraos siya, what happened next Miss witness?
A The same, he again lay on top of me still holding the knife still poked at me.
Q After the accused rested for the second time, how long did the accused [rest] for the second time Miss witness?
A Around ten to fifteen minutes.
Q After the accused rested for the second time Miss witness, what happened next?
A He again kissed me, he touched my breast and again inserted his penis [into] my vagina.
COURT:
Q You said that before having sexual intercourse for the third time he first kissed you and touched your breast[;] what did you do?
WITNESS:
A None Sir, I was just [lying] down because even if I kept on pushing him, he was too strong for me and there was nothing that I [could] do.
FISCAL FLORES:
Q And then what happened after the third time Miss witness?
A He again rested for a while then he dressed up.
Q And then what happened Miss witness?
A He threatened me before he left, Sir.
Q And will you tell this Court how he threatened you?
A He told me not to tell anybody otherwise he will kill my father, my sister and he will burn the house.x x x x x x x x x
Q After the accused had threatened you, what happened next Miss witness?
A He went out of our house by jumping thru the window at the back of our house, Sir.”[13]