477 Phil. 831
CALLEJO, SR., J.:
That on or about July 28, 1998, in the Municipality of Tuao, Province of Cagayan, and within the jurisdiction of this Honorable Court, the said accused, Orlando Sonido alias Boyet with lewd design and by the use of force, violence, threat, and intimidation, did, then and there willfully, unlawfully, and feloniously have sexual intercourse with the offended party, Josephine M. Fontanilla against her will.Upon arraignment, the appellant, duly assisted by counsel, pleaded not guilty to the charge. Trial ensued thereafter.
Contrary to law.[3]
- Superficial abrasions, linear, left breast.
- IE findings:
- negative (-) abrasions over perineal area.
- Non-edematous labia.
- Vagina admits 2 fingers with ease.
- Hymen: positive (+) old, healed lacerations at 2, 3, 4, 6 and 10 o’clock.
- Cervix is soft, closed.
- Non-gravid uterus.
- Negative (-) adnexal tenderness.
- Positive (+) scanty, whitish, non-foul smelling vaginal discharge.[6]
WHEREFORE, in view of all the foregoing, the Court finds the accused ORLANDO SONIDO y Valiente guilty beyond reasonable doubt of the crime of RAPE, defined and penalized under Article 266-A, No. 1 (a), in relation to Article 266-B, both of the Revised Penal Code, as amended by Republic Act No. 8353, and hereby sentences him to suffer the penalty of reclusion perpetua.
The Court further sentences the accused ORLANDO SONIDO y Valiente to pay the offended party Josephine Fontanila (sic) the amount of Fifty Thousand (P50,000.00) pesos as civil indemnity, and Fifty Thousand (P50,000.00) Pesos as moral damages.
SO ORDERED.[7]
The appellant avers that it was highly improbable for him to have raped Josephine inside the bathroom of their aunt’s house because the said bathroom measured only two (2) meters by two (2) meters, with a toilet bowl on the northern side. He asserts that the physical circumstances surrounding the alleged rape made the same improbable. He also avers that considering the short distance between the house of Josephine’s aunt and those of her neighbors, the latter would have heard Josephine’s shouts, which she alleged she did upon seeing the appellant enter the bathroom. The fact that the neighbors did not hear her greatly casts doubt on the rape that the appellant allegedly committed. Finally, the appellant contends that Josephine’s claim that she resisted the sexual assault on her by the appellant is negated by the medical certificate issued by Dr. Rowena Cardenas, which does not show any injury on her upper lips.I
THE COURT A QUO ERRED IN GIVING WEIGHT AND CREDENCE TO THE TESTIMONIES OF THE PROSECUTION WITNESSES AND IN DISREGARDING THE EVIDENCE PRESENTED BY THE ACCUSED-APPELLANT.II
THE COURT A QUO ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME CHARGED HAS BEEN PROVEN BEYOND REASONABLE DOUBT.[8]
In reviewing rape cases, this Court is guided by three principles: (1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the person accused, although innocent, to disprove; (2) considering the intrinsic nature of the crime, only two persons being usually involved, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence for the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense.[9]Josephine’s testimony was direct, candid, and replete with details of the rape. She was consistent and straightforward in her answers during the direct-examination and cross-examination. She did not waver in her testimony as to how the accused entered the bathroom, embraced and kissed her, and how she shouted and boxed the appellant, in her effort to resist his sexual advances. She clearly described how the appellant forcibly made her lie down on the floor, laid on top of her, and parted her legs with his own to finally consummate his lustful designs.
Q Madam Witness, when the accused entered the bathroom, you did not utterJosephine’s tenacious struggle and resistance were corroborated by Susan Balunsat who testified that she saw Josephine running and crying for help, totally naked and with small scratches on her breasts and with her hair disheveled. Her testimony reads:anything, is it not?
A I did not say anything but I shouted.
Court
Q Where did you shout?
A Inside the bathroom, Sir.
Q What did you say when you shouted?
A I was calling for help shouting the name of Susan Balunsat.
Q How many times did you shout?
A Many times, Sir.
COURT
Proceed.
ATTY. LIGAS
Q When did you shout, Madam Witness, when the accused embraced you or whenyou noticed that the accused entered the bathroom?
A When I saw the accused entered (sic) the bathroom that’s the time I shouted by(sic) the name of Susan.
Q At the time the accused entered the bathroom, you are (sic) still holding the waterbucket, is it not?
A Yes, Sir.
Q But you did not smash the face of the accused, is it not?
A The tabu felt (sic) when he embraced me, Sir.
Q But you did not also scratch his face, is it not?
A I just boxed the accused, Sir.
Q How many times did you box the accused?
A Many times because I was struggling, Sir.
Q Was he able to hold your body against himself when you struggled?
A Yes, Sir.
Q Where did he place his right arm?
A The right hand was placed on my left shoulder, Sir.
Q When you struggled, Madam Witness, is (sic) there not a chance when you wereabout to extricate yourself from the accused?
A No chance, Sir.
COURT
Q But did you try to extricate yourself?
A Yes, Sir.
COURT
Proceed.
ATTY. LIGAS
Q But you did not suffer any injury on your shoulder at the time you grappled with him,is it not?
A It was only my upper lip, Sir.
COURT
Q Why did you have that injury on your upper lip?
A I suffered the injury when I bit his wrist and he hit it against my mouth.
Q You said awhile (sic) ago during the direct examination that you bit the accused onhis right hand, is it not?
A Yes, Sir, the right wrist.
COURT
Proceed.
ATTY. LIGAS
Q You said a while ago that he kissed you, is it not?
A Yes, Sir.
Q What part of your body did the accused kiss?
A My face and my breast, Sir.
Q What particular part of your face (sic) the accused kiss?
A All over my face, Sir.
PROS. BACULI
Already answered.
ATTY. LIGAS
Q But you did not attempt to bite the mouth or the tongue of the accused, is it not?
A No, Sir, but I kept on struggling.
Q Approximately, Madam Witness, how many seconds or minutes did the strugglingbetween you and the accused take place?
A Eight (8) minutes, Sir.
Q You did not try to kick the balls of the accused while you were struggling?
A No, Sir.
COURT
Q Did you think of kicking or boxing the accused while you were struggling?
A I did not think of that, Sir.
COURT
Proceed.
ATTY. LIGAS
Q What was the color of the brief of the accused?
A White, Sir.
Q Madam witness, when did the accused remove his brief, at the time that you werestruggling with each other or when you were laid on the floor?
PROS. BACULI
Already answered. The accused already removed his brief when he was on top and he boxed the stomach of the witness.
ATTY. LIGAS
Q Madam witness, on (sic) what part of the bathroom where (sic) you laid by theaccused?
A My head is in the south direction.
Q How did (sic) the accused able to lay you on the floor of the bathroom?
A He forcibly pushed me down, Sir.
COURT
Q Was he still hodling (sic) your both hands when he forced you to lay down?
A Yes, Sir.
ATTY. LIGAS
Q What part of your body was (sic) first hit the floor when the accused lay (sic) youdown on the floor of the bathroom?
A My head, Sir.
COURT
Q Did you feel him ejaculate inside your genital?
A Yes, Sir.
COURT
Proceed.
ATTY. LIGAS
Q Madam Witness, when your head hit the floor, it is (sic) done with force, is it not?
A Yes, Sir.
Q What happened after you were laid by the accused on (sic) that manner?
A He boxed my stomach, Sir.
Q Which came first, Madam Witness, the fact that you were laid by the accused or . . .may I withdraw the question.
Now, when you were laid by the accused on the floor of the bathroom, what did you do?
A I felt weak but still continue (sic) to struggle, Sir.
Q Will you describe to us the way you struggled when you were on the floor?
A I kept on boxing with both hands, Sir.
Q You did not kick him?
A No, Sir.
COURT
Q Why did the accused to have (sic) forcibly part your legs?
A Because I did not like to open my legs, Sir.
COURT
Proceed.
ATTY. LIGAS
Q But is it not true that he did not also box your legs?
A No, Sir.
Q So you can (sic) still use two (2) legs from preventing his desire?
PROS. BACULI
Already answered.
COURT
Witness may answer.
A I did not think of that anymore, Sir.
I have (sic) my two (2) legs together.[12]
COURT:Besides, proof of external injuries inflicted on the complainant is not indispensable in a prosecution for rape committed with force or violence. Proof of injury is not an element of rape.[15] The resistance on the part of the victim need not be carried to the point of inviting death or sustaining physical injuries at the hand of the rapist. It suffices that the coitus takes place against her will, or that she yields because of genuine apprehension of great harm.[16]
Q When the private complainant ran towards your house, you were unaware ofanything (sic) happened?
A I did not know yet but she told me that she was raped by Boyet Sonido, Sir.
Q How far is your house from the house of Josephine Fontanilla?
A Around 9 to 10 meters, Sir.
Q So Josephine Fontanilla came from her house?
FISCAL BACULI:
Objection, no basis, Your Honor.
COURT:
Witness may answer.
A I don’t know from (sic) where she came from, she just ran to our house, Sir.
Q What direction is the house of the private complainant in relation to your house?
A Our house is east from the house of Josephine Fontanilla, Sir.
Q You mentioned while (sic) ago that you noticed small scratches from (sic) the privatecomplainant, where are these scratches located?
A Here, Sir (The witness pointing below the right breast to the left)
Q What is (sic) the appearance of the small scratches?
A It looked like scratches from the finger nails (sic), Sir.
Q How long have you talked (sic) with the private complainant when she came to askfor help?
A Around 20 to 30 minutes because I gave her clothes to use, Sir.[13]…
ATTY. LIGAS:
Q You stated in your prior testimony that the private complainant asked for your help?
A Yes, Sir.
Q What was the first word she uttered?
A She said, Susan Ading, help me.
COURT:
Q How are you related to the Barangay Captain?
A He is my uncle-in-law, Sir.
COURT:
Proceed.
ATTY. LIGAS:
Q When the private complainant uttered those words she did not mention the caused(sic)?
A She told me that she was raped by Boyet, Sir.
Q What is (sic) your reaction when she told you that she was raped?
A I cried because I saw her appearance, Sir.
Q When she uttered those words to you, will you describe the manner she utteredthose words?
A She said, “Ading ko, Ading ko, help me” and she was crying and trembling, Sir.
Q In what particular place in your house were you washing your clothes when theprivate complainant ran to your house?
A Beside our kitchen near the pump well, Sir.
Q On that date, July 28, 1998, being (sic) neighbor of the accused, do you have (sic)any occasion that you have seen him on that day?
A None, Sir.
Q How about the wife of the accused, have you seen her on that day?
FISCAL BACULI:
Objection, incompetent.
COURT:
Witness may answer.
A No, Sir.
Q Did you stay in your house in the entire duration of that day?
A Yes, Sir.[14]