472 Phil. 358
CALLEJO, SR., J.:
That on or about the 14th day of January 1996, in the afternoon, at Sitio Himaya, Barangay Kuya, Municipality of Maramag, Province of Bukidnon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused prompted by lewd design entered the house of Prudencia Lazara and once inside, did then and there, willfully, unlawfully and criminally, wrestle, kiss, remove the panty of PRUDENCIA LAZARA and accused remove also his pants and have sexual intercourse with the latter against her will, to the damage and prejudice of PRUDENCIA LAZARA in such amount as may be allowed by law.Upon arraignment on April 10, 1996, the appellant, with the assistance of his counsel de oficio, pleaded not guilty to the charge.[4] Trial thereafter ensued.
Contrary to and in violation of Article 335 of the Revised Penal Code in relation to Republic Act No. 7659.[3]
Dr. Tagarda testified that there were no traces of semen found in the offended party’s vagina due to the intervening period from the date of the rape and the physical examination. The linear abrasion located at the complainant’s left cheekbone, and the multiple abrasions on her chest and neck could have been caused by sharp objects such as fingernails or other sharp instruments.[19]
PROGNOSIS/FINDINGS - Linear abrasions left zygomatic - Multiple linear abrasion to upper part of
anterior chest and neck OPERATION PERFORMED - Introitus-multiparous REMARKS - Sperm identification: Vagina smear done -
negative for spermatozoa
slide I, slide II[18]
WHEREFORE, this court, for the foregoing reasons, finds the accused guilty beyond reasonable doubt of the crime of simple rape as defined and penalized under Article 335 of the Revised Penal Code and pursuant thereto is hereby sentenced to the penalty of reclusion perpetua together will all the accessory penalties included thereunder and to pay the offended party the sum of P50,000.00 by way of moral damages and actual damages in the amount of P10,000.00.The accused, now the appellant, contends that:
By virtue of this conviction and pursuant to Section 5 of Rule 114 of [the] 2000 Rules on Criminal Procedure the accused shall continue to be under detention even if the accused should appeal this decision to the proper appellate court. However, the accused shall be entitled to the full credit for the period he is detained pursuant to Article 25 of the Revised Penal Code and subject to the restriction and limitation therein imposed.
SO ORDERED.[29]
THE TRIAL COURT ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE COMMITTED THROUGH FORCE AND INTIMIDATION WHEN THE INFORMATION WAS FATALLY DEFECTIVE.[30]The appellant asserts that the Information against him does not charge him of rape because it does not allege one of its elements, i.e, force or intimidation. He argues that the Information is void. Even if the prosecution was able to prove that he forced Prudencia to have sexual intercourse with him, he cannot be convicted of the crime charged; otherwise, he would be deprived of his right to be informed of the charge against him and to prepare for his defense.[31]
Appellant argues that the information is defective since it failed to allege that [the] appellant raped the victim with the use of force and/or intimidation (Appellant’s Brief, p. 4).We agree with the Office of the Solicitor General.
Appellant’s claim is bereft of merit.
Contrary to [the] appellant’s claim, a perusal of the information shows that force was alleged therein.
As stated in the information “the above-named accused prompted by lewd design entered the house of Prudencia Lazara and once inside, did then and there, unlawfully and criminally wrestle, kiss, remove the panty of PRUDENCIA LAZARA and, accused remove also his pants and have sexual intercourse with the latter against her will.”
An information is sufficient where it clearly states the designation of the offense by the statute and the acts or omissions complained of as constituting the offense. [Sta. Rita vs. CA, 247 SCRA 484 (1995)].
In the case at bar, the failure of the information to state that [the] appellant raped Prudencia “through force and intimidation” was not a fatal omission nor did it make the information defective since the word “wrestle” was used in lieu of the word “force”.
“Force” is defined as power, violence, or constraint exerted upon or against a person. It is used to show that an unlawful or wrongful action is meant (Black’s Law Dictionary, Sixth Edition, West Publishing Co., Minnesota, 1979, page 644).
“Wrestle,” on the other hand, is to engage in a violent or determined purposive struggle to overcome an opposing force (Webster[‘s] Third New International Dictionary, Massachusetts, 1993, page 2640).
In the case at bar, although the word “force” was not used in the information, the prosecution used the word “wrestle” instead. Thus, it is respectfully submitted that the word “wrestle” synonymously connotes the use of force in the commission of the offense.
Moreover, the use of the phrase “against her will” in the information also implies that the rape was committed with force.[32]
Sec. 6. Sufficiency of Information - A complaint or information is sufficient if it states the name of the accused; the designation of the offense given by the statute; the acts or omissions complained of as constituting the offense; the name of the offended party; the approximate date of the commission of the offense; and the place where the offense was committed.The Information need not use the language of the statute in stating the acts or omissions complained of as constituting the offense. What is required is that the acts or omissions complained of as constituting the offense must be stated in ordinary and concise language sufficient to enable a person of common understanding to know the offense charged. Thus, Rule 110, Section 9 of the Revised Rules of Court provides:
When an offense is committed by more than one person, all of them shall be included in the complaint or information. (6a)
Sec. 9. Cause of the accusation. – The acts or omissions complained of as constituting the offense and the qualifying and aggravating circumstances must be stated in ordinary and concise language and not necessarily in the language used in the statute but in terms sufficient to enable a person of common understanding to know what offense is being charged as well as its qualifying and aggravating circumstances and for the court to pronounce judgment.In the case at bar, the appellant is charged with rape through force, threats or intimidation under Article 335, paragraph 1 of the Revised Penal Code. The gravamen of rape is carnal knowledge of a woman against her will or without her consent.[33] We have reviewed the Information[34] and found that it contains all the elements of rape defined in Article 335, paragraph 1 of the Revised Penal Code, as amended. The Information against the appellant is quoted, viz:
Although the Information does not allege that the appellant used force, threat or intimidation in having sexual intercourse with the victim, it alleges that the appellant “criminally wrestled” with the private complainant and succeeded in having carnal knowledge of her against her will. The import of such allegations is that the appellant used physical force and intimidation in having carnal knowledge of her. To wrestle is to contend by grappling with and striving to trip or throw down an opponent; or to combat or overcome an opposing tendency or force, or an antagonistic person or group; or to engage in or as if in a violent or determined purposive struggle. It applies to a struggling for mastery by the use, mainly or solely of dexterous holds with the hands, arms or legs.[36]INFORMATION
That on or about the 14th day of January 1996, in the afternoon, at Sitio Himaya, Barangay Kuya, Municipality of Maramag, Province of Bukidnon, Philippines and within the jurisdiction of this Honorable Court, the above-named accused prompted by lewd design entered the house of Prudencia Lazara and once inside, did then and there, willfully, unlawfully and criminally, wrestle, kiss, remove the panty of PRUDENCIA LAZARA and accused remove also his pants and have sexual intercourse with the latter against her will, to the damage and prejudice of PRUDENCIA LAZARA in such amount as may be allowed by law.
Contrary to and in violation of Article 335 of the Revised Penal Code in relation to Republic Act No. 7659.[35]
If the complaint against the accused-appellant was afflicted by the vice of vagueness, his remedy is to file a motion for bill of particulars. The record reveals that [the] accused-appellant did not ask for a bill of particulars in accordance with section 10, Rule 116 of the Rules of Court. The failure to move for specifications or the quashal of the information on any of the grounds provided for in the Rules of Court deprives [the] accused of the right to object to evidence which could be lawfully introduced and admitted under an information of more or less general terms but which sufficiently charges the accused with a definite crime. It is too late in the day for [the] accused-appellant to raise this issue now because objections as to matters of form and substance in the information cannot be made for the first time on appeal.[39]Although the appellant failed to raise, as an issue, the matter of whether the prosecution was able to prove his guilt for the crime charged beyond reasonable doubt, we reviewed the records to ascertain whether or not the prosecution mustered the requisite quantum of evidence to prove the crime charged to avert a miscarriage of justice. It is a well-settled rule that an appeal in a criminal proceeding throws the whole case open for review and it becomes the duty of the appellate court to correct any errors as may be found in the appealed judgement, whether or not it is made the subject of assignment of errors.[40] We are convinced that, indeed, the prosecution discharged its burden.
The linear abrasion on Prudencia’s left cheekbone, and the multiple abrasions on her chest and neck were eloquent testimonies of the force employed by the appellant. In rape case, the physical evidence showing use of force speaks louder than words.[50] It bears stressing that when the testimony of a rape victim is consistent with the medical findings, sufficient basis exist to warrant a conclusion that the essential requisite of carnal knowledge has thereby been established.[51]
PROS. CHING: Q And then what did he do when he was inside your house together with your infant baby (sic)? A He immediately held me and embraced me. Q And then when he embraced you what was your position? A He kept on kissing me.[42]... Q Then after the accused held your right arm and encircled his right arm on the (sic) neck, what then did he do to you? or what did he do with (sic) your face? A He kept on kissing my face.[43]... Q Were you able to successfully resist? A I kept on moving backward so that my face could not touch his face. Q Then because you were trying to avoid his advances on kissing you, what then immediately happened to you? What position did you have because of the attack? A I was able to lean on the wall and bench.[44]... Q In that position, what then did he do to you? A He removed my panty.[45]... Q Now, when he removed your panty, did you not resist? A I was afraid to resist because he was carrying with him a bolo. He had a bolo. Q Where was the bolo at that precise time? A On the side of his body. Q Did it have a scabbard? A Yes. Q And you mean the bolo was strung around the waist of the accused Florencio Cadampog? A Yes. Q Then you said your panty was removed, what then did the accused do next? A He unzipped the zipper of his pants and he pulled out his penis. Q When he pulled out his penis, what did you notice? You are a married woman, you should know. Was it erect or not? A Yes, it was erect. Q And then after he opened his zipper and pulled out his erect penis, what then did he do next? A He inserted his penis to my vagina.[46] COURT:... Q Did you resist his advances? A I resisted, that is why he scratched my face.[47]... PROS. CHING: Q You said that he scratched your face. Did you suffer any injury on your face? A Yes. Q What part of your body was scratched? A Here. INTERPRETER: Witness pointed to the left side of her face, the neck and the chest.[48]... PROS. CHING: Q In that position, when he inserted his penis into your vagina, did you not resist him? A I kept on resisting. Q But he was able to penetrate your vagina? A Yes. Q And when his penis was already inserted into your vagina, what then did he do? A He made a push and pull movement of his buttocks. He made a pumping motion of his buttocks. COURT: Q How about you, what was your reaction when he kept on pumping? A I was afraid. Q Did you come to like it? A No, Sir. PROS. CHING: Q Now, when he had that pumping motion at that time, the accused had sexual intercourse with you, what then did you do? A I suddenly pushed him away. Q And what happened after you pushed him away? A He was pushed away from me. Q And what happened to his penis when you pushed him? A It was withdrawn from my vagina. Q When it was withdrawn from your vagina, what happened next? A He had an ejaculation. Q How do you know that he had an ejaculation when the penis was pulled out from your vagina? A Because it spurted towards my upper thigh. Q Then when the penis was pulled out and the accused had an ejaculation and spurted spermatozoa (sic) in your thigh, what did he do next? A He then left our own house.[49]
…[D]espite the outrage and shame, she lost no time in reporting the incident to the barangay captain. In less than twelve (12) hours from the commission of the crime, she narrated the sordid details of her horrifying and harrowing experience in a statement given to the police authorities, submitted to a medical examination and signed a criminal complaint for forcible abduction with rape against the accused-appellant. Not only did these acts demonstrate courage of the highest order, they also enhance the complainant's credibility. It has been repeatedly said by this Court that when a woman admits that she has been raped, she says in effect all that is necessary to show that rape has been committed; if her testimony meets the test of credibility, the accused may be convicted on the basis thereof ...[54]Thus, the veracity of Prudencia’s testimony cannot be doubted. In People v. Jaca,[55] we said:
The credibility of the victim is further strengthened by the spontaneity of her act immediately after the incident. We note her courage in reporting the rape, unmindful of what the incident could do on her reputation in their barrio. We fully concur with the opinion of the lower court, viz:The appellant’s imputation of ill motive on the part of the private complainant is absurd. The appellant alleged that he was charged with rape because of his refusal to testify in Prudencia’s behalf against a certain Romeo Alinas, who is Prudencia’s alleged real rapist. This reason posited by the appellant is too chimerical. Prudencia does not need the appellant, much less his testimony. She could have charged Romeo Alinas of rape with dispatch if he, not the appellant, was the culprit. She did not do so.“The fact that, the offended party, after the beastly attack, immediately left her house to report the molestation against her honor, is a clear manifestation that she was indeed raped. …
Her immediate response (reporting the incident) carries the stamp of truth. This is a natural reaction of a virtuous woman who had just undergone sexual molestation against her will.…”[56]
…[A] married woman with a husband and three daughters would not publicly admit that she had been criminally abused unless that was the truth. Similarly, it defies reason in this case why a mother of four would concoct a story of defloration, allow the examination of her private parts and publicly disclose that she has been sexually abused if her motive were other than to fight for her honor and bring to justice the person who defiled her. Pertinently, it stands to reason that Visitacion would not bring herself, her family and her husband to embarrassment, to public scrutiny and being the talk of the community unless what she had testified that she was raped is true. It is settled that where there is no evidence to show any dubious reason or improper motive why a prosecution witness would testify falsely against an accused or falsely implicate him in a heinous crime, the testimony is worthy of full faith and credit.[58]It bears stressing that when it comes to the issue of credibility, the trial court judge is in the best position to rule on the matter, considering that he has the vantage point of observing first hand the demeanor and deportment of the witnesses. In the absence of proof that the trial court had overlooked or disregarded arbitrarily certain facts and circumstances of significance in the case, as in the case at bar, its appreciation of the credibility of witnesses will not be altered on review.
Alibi, the plea of having been elsewhere than at the scene of the crime at the time of the commission of the felony, is a plausible excuse for the accused. Let there be no mistake about it. Contrary to the common notion, alibi is in fact a good defense. But to be valid for purposes of exoneration from a criminal charge, the defense of alibi must be such that it would have been physically impossible for the person charged with the crime to be at the locus criminis at the time of its commission, the reason being that no person can be in two places at the same time. The excuse must be so airtight that it would admit of no exception. Where there is the least possibility of accused’s presence at the crime scene, the alibi will not hold water.[64]The trial court correctly convicted the appellant of rape and sentenced him to suffer the penalty of reclusion perpetua. Article 335 of the Revised Penal Code, as amended by Section 11 of Republic Act No. 7659[65] reads:
Art. 335. When and how rape is committed. – Rape is committed by having carnal knowledge of a woman under any of the following circumstances.The trial court is mandated to impose the penalty of reclusion perpetua regardless of any attendant generic aggravating circumstance as provided for in Article 63 of the Revised Penal Code.The crime of rape shall be punished by reclusion perpetua.
- By using force or intimidation;
- When the woman is deprived of reason or otherwise unconscious; and
- When the woman is under twelve years of age or is demented.