575 Phil. 564
CARPIO MORALES, J.:
That on or about the 14th day of May 1996 in Pasay City, Metro Manila, Philippines within the jurisdiction of this Honorable Court, the above-named accused LEONEL PASAOL PALAC alias Joy Joy Talac, in conspiracy with his co-accused REY ARGENTILLO and JOJO VILARDE, by means of force and intimidation they employed upon the person of one [AAA], a minor, 15 years of age, feloniously lay with and have carnal knowledge of said complainant [AAA] against the latter's will, while the two other acc[u]sed watched and stood guard while waiting for [their] turn to have sexual intercourse with the aforesaid [AAA], to her damage and prejudice.Appellant's two co-accused remained at-large, hence, the trial court did not acquire jurisdiction over their person. Only appellant thus proceeded to trial. At the time of the commission of the crime on May 14, 2006, the victim, AAA was 15 years old, having been born on May 5, 1981. From the evidence for the prosecution, the following facts are culled.
1. No evident sign of extragenital physical injury noted on the body of the subject at the time of examination.Denying the charges, appellant interposed alibi. He claimed that around 10:00 p.m. of May 14, 1996, while he was at the photoshop together with AAA's uncle CCC, he saw AAA with several companions including his co-accused Vilarde and Argentillo partake of Gilbey's gin in front of the photoshop and after the photoshop closed, he and CCC went to CCC's residence where he spent the night; and the next morning, he went back to the photoshop where he briefly chatted with AAA.
2. Hymen, intact but distensible and its orifice wide (2.5 cm. in diameter) as toallow [sic] complete penetration by an average-sized adult, Filipino, male organ in full erection wit[h]out producing any genital injury.
WHEREFORE, this Court finds accused LEONEL PASAOL PALAC alias JOYJOY TALAC, guilty beyond reasonable doubt of the crime of RAPE in Criminal Case Nos. 97-9760, 07-9761 and 97-9762. Accordingly, he is hereby sentenced to suffer an imprisonment of:On appeal to this Court, it, pursuant to People v. Mateo, transferred the cases to the Court of Appeals where they were docketed as CA-G.R. C.R. H.C. No. 01278. Appellant faulted the trial court
Further, said accused is hereby ordered to indemnify [AAA] the sum of P50,000.00 in each case or a total of P150,000.00, by way of moral damages, and to pay the costs of the suit.
- RECLUSION PERPETUA in Criminal Case No. 97-9760;
- RECLUSION PERPETUA in Criminal Case No. 97-9761; [and]
- RECLUSION PERPETUA in Criminal Case No. 97-9762.
The cases against accused Jojo Velarde and Rey Argentillo are hereby ordered archived.
By Decision of July 6, 2006, the appellate court affirmed, with modification, the decision of the trial court by adding to the moral damages awarded by the trial court civil indemnity and exemplary damages.I
... IN GIVING FULL FAITH AND CREDENCE TO THE TESTIMONY OF [AAA].II
... IN FINDING ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE.
Under Article 335 of the Revised Penal Code, as amended by RA No. 7659, rape is committed by having carnal knowledge of a woman who is unconscious. In the present case, [AAA] was not totally unconscious but was only physically helpless to resist or effectively communicate her refusal to the lewd desires of the three accused. She was aware of the fact of repeated sexual assault and the identity of her assailants despite her dizziness and physical weakness. Since complainant was drugged, she was effectively deprived of reason if not effectively rendered unconscious. It has been held that if the ability to resist is taken away by administering drugs, even though the woman may be conscious, having sexual intercourse with her is rape. If the woman's will is affected by the anesthetic so that the connection is had without her consent, though she may be more or less conscious, the act constitutes rape.In also awarding civil indemnity and exemplary damages to AAA in accordance with the recommendation of the Solicitor General, the appellate court held:
Under the same Article, whenever the crime of rape is committed by two or more persons, the penalty shall be reclusion perpetua to death. There being no aggravating circumstances which attended the commission of the offenses, the trial court correctly imposed the penalty of reclusion perpetua for each count.
The award of moral damages in the amount of P50,000.00 for each of the three counts of rape or a total of P150,000.00, is in accord with jurisprudence. Said award is automatically granted in rape cases without need for further proof other than the commission of the crime because mental, physical and psychological trauma are too obvious and already presumed from the fact of rape. (Italics in the original; underscoring supplied)
Civil indemnity in rape cases is mandatorily awarded to the complainant without further proof than the fact of rape. Jurisprudence has set the amount thereof at P50,000.00 for each count. We thus award to the victim civil indemnity in the total amount of P150,000.00 for the three counts of rape.Thus the appellate court disposed:
Article 2230 of the New Civil Code provides that in criminal cases, exemplary damages may be imposed when the crime was committed with one or more aggravating circumstances. Though not alleged in the Information, hence, cannot be a basis in fixing the penalty to be meted to purposes of awarding exemplary damages. Here, the aggravating circumstances of "craft" under paragraph 14, Article 14 of the Revised Penal [Code] was proven by the prosecution. In People vs. Guy, the aggravating circumstances of craft was appreciated because the accused in raping his victim resorted to the use of innocent-looking chocolate candies which did not arouse the suspicion of the complainant that they contained deleterious drug that weakened her resistance rendering her incapable of physically and mentally repulsing accused' sexual assault. The appellant herein in conspiracy with VILARDE and ARGENTILLO, hoodwinked [AAA] by giving her a drug-laced beverage which caused her to become dizzy and weakened her resistance. An award of exemplary damages in the amount of P25,000.00 for each count of rape or a total of P75,000.00, is therefore in order. (Emphasis and italics in the original; underscoring supplied)
WHEREFORE, with the MODIFICATION ordering appellant to pay the victim One Hundred Fifty Thousand pesos (P150,000.00) as civil indemnity and Seventy-Five Thousand pesos (P75,000.00) as exemplary damages as above discussed, the appealed decision is AFFIRMED in all other respects.The records of the cases were elevated to this Court in view of the Notice of Appeal filed by appellant.
SO ORDERED. (Emphasis in the original; underscoring supplied)
... We accord great respect on the findings of the trial court on the credibility of witnesses and their testimonies, for the trial judge observes the behavior and demeanor of the witnesses in court. His evaluation or assessment of the credibility of witnesses and of testimony acquires greater significance in rape cases because from the nature of the offense, the only evidence that can oftentimes be offered to establish the guilt of the accused is the victim's testimony.In passing on the trial court's evaluation of the testimony of AAA, the appellate court observed:
Th[e] credibility given by the trial court to the rape victim is an important aspect of evidence which appellate courts can rely on because of its unique opportunity to observe the witnesses, particularly their demeanor, conduct and attitude during the direct and cross-examination by counsel.
Finding that her narration of the details of her ravishment was given in a candid, straightforward and positive manner, the trial court gave full credence and probative value to [AAA]'s testimony. Appellant has not come up with any justifiable reason for us to overturn the trial court's findings. He even admitted he knew of no reason that would have impelled [AAA] and her mother to fabricate a tale of fornication, and implicate him as a participant therein. It is also hard to believe that [AAA]'s mother would sacrifice her own daughter, subject her to unnecessary embarrassment and stigma and present her to be the subject of a public trial if she, in fact, has not been motivated by an honest desire to have the real culprit punished.Appellant's harping on the alleged inconsistencies committed by AAA does not persuade. Minor lapses are to be expected when a person is recounting details of a traumatic experience usually too painful and agonizing to recall. Besides, the courtroom atmosphere can affect the accuracy of the testimony and the manner in which a witness answers questions.
All told, our own independent scrutiny of the record confirms the trial court's assessment of [AAA]'s credibility. Her declarations are indeed replete with details that bolster the truthfulness of her allegations. xxx
Appellant cites the inconsistencies allegedly committed by [AAA]. Allegedly, during her direct examination, [AAA] testified that it was at "6:00 p.m.," when VILARDE offered her a drink, while in paragraph 6 of her Affidavit, she stated it was at 9:00 p.m. [AAA] also contradicted herself on direct examination when she stated that she knocked at the door of the photo[shop] which was opened by ARGENTILLO, when in paragraph 7 of her [A]ffidavit, she alleged that it was VILARDE who knocked at the door and it was appellant who opened the same.AAA's delay in reporting the incident does not affect her credibility as well. The filing of complaints for rape months and even years after their commission may or may not dent the credibility of witness and of testimony, depending on the attending circumstances.  In the present cases, the threats that the young AAA received from appellant and his co- accused were enough to cow and intimidate her. Moreover, as the appellate court noted, her experience when she confided her harrowing ordeal taught her that revealing it "could drive away people who may not understand what she had gone through."
A circumspect examination of the record shows that when confronted with the foregoing inconsistencies on cross-examination, [AAA] clarified that it was at 6:00 p.m., not 9:00 p.m., when she was offered a drink by VILARDE; and that it was not she but VILARDE who knocked at the door which appellant opened. In any event, inconsistencies on matters that transpired prior to the actual commission of the crime and have no bearing to the elements of the crime charged are not treated as proof of a feigning witness but as hallmark of an unrehearsed testimony. Such minor inconsistencies even guarantee truthfulness and candor and serve to strengthen rather than destroy [AAA]'s credibility. (Underscoring supplied)