462 Phil. 10
CALLEJO, SR., J.:
EXTERNAL GENITALIA & PERINEUM:On her examination of AAA's genitalia, the doctor made the following findings:
LABIA MAJORA:
LABIA MINORA:
HYMEN: Laceration, incomplete, superficial, healed at 9 o'clock position.
LABORATORY REQUEST:
Pregnancy test - negative
Smear for Spermatozoa - negative[23]. . .
HYMEN: Laceration, incomplete, superficial, healed at 5,7 & 9 o'clock positions.On October 28, 1996, BBB and AAA filed separate criminal complaints for rape against the appellant with the Municipal Circuit Trial Court of Villasis- Sto. Tomas.[25]
PELVIC EXAM:
Cervix firm, closed, uterus small, adnexae negative, no bleeding.
LABORATORY REQUEST:
Pregnancy test - Negative
Smear for Spermatozoa - Negative.[24]
That during the month of October 1995, at Barangay Amamperez, Municipality of Villasis, Province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with one AAA, against the latter's' will and consent, to the damage and prejudice of said AAA.Another Information docketed as Criminal Case No. V-0731 was filed charging the appellant with two counts of rape. The accusatory portion reads, thus:
Contrary to Art. 335 of the Revised Penal Code.[26]
That on or about October 2, 1995 and August 2, 1996, at Barangay Amamperez, Villasis, Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, violence and intimidation, did then and there willfully, unlawfully and feloniously, have sexual intercourse with one BBB, being below twelve (12) years old, against the latter's will and consent, to the damage and prejudice of said BBB.The appellant was arraigned in the said cases, assisted by counsel, and entered his respective pleas of not guilty. A joint trial of the cases ensued.
Contrary to Art. 335 of the Revised Penal Code.[27]
WHEREFORE, based on the foregoing, the accused is hereby found guilty beyond reasonable doubt of one (1) count of rape in Criminal Case No. V-0730 and two (2) counts of rape in Criminal Case No. V-0731, and is, accordingly, hereby sentenced to suffer for each count, the extreme penalty of death, with all its accessories.We shall delve into and resolve the issues raised by the appellant simultaneously, as they are interrelated.
The accused is hereby further ordered to pay each of the complainants the amount of P50,000.00 for each count of rape as indemnification, P50,000.00 as moral damages and P50,000.00 as exemplary damages.
SO ORDERED.[40]
The appellant assails the decision of the trial court contending that:
- The trial court, Regional Trial Court, First Judicial Region, Branch 50, Villasis, Pangasinan, erred in not acquitting accused- appellant for three (3) counts of the crime of rape for failure of the prosecution to establish the guilt of accused-appellant beyond reasonable doubt; and
- The trial court erred in not giving weight and credence to the defenses of the accused-appellant.[41]
Q | Now before October 1995 when the incident happened, have you ever experienced having something inserted in your vagina? | |
A | None yet, sir. | |
| ||
Q | Do you know one by the name of Adoracion Viray? | |
A | Yes, sir, she is the cousin of my mother. | |
Q | Where is Adoracion Viray residing? | |
| A | At Amamperez, Villasis, Pangasinan, sir. |
Q | After that incident when it was already daytime, did you ever go somewhere else? | |
A | Yes, sir, I went to that cousin of my mother. | |
Q | Why did you go there? | |
A | I told her about the smashing (sic) of my breast by my father. I did not tell her the whole truth because I was afraid to tell her the other things my father did to me, sir. | |
Q | And what did Adoracion Viray do when you revealed to her what you have just stated? | |
A | She asked me if my father was able to deflower me and I told her he did not, sir. | |
Q | By the way, how far is the house of Adoracion Viray to your house at Amamperez, Villasis, Pangasinan? | |
A | There is one house between our houses, sir. | |
Q | Now, when you told her what happened to you as you have stated, did you tell her the person who did that? | |
A | Yes, sir. | |
| ||
Q | And whom did you tell as the person who smashed (sic) your breast to Adoracion Viray? | |
| A | My father, sir. |
Q | At the time you went to Adoracion Viray, could you recall how you felt? | |
A | I was afraid and I was trembling and she noticed that I was bow-legged (sakang-sakang), sir. | |
| Q | Now, you were walking bow-legged, is that the way you walk? |
A | No, sir. | |
Q | Why were you then walking bow-legged? | |
A | Because it was painful, sir. | |
Q | What is painful? | |
A | My vagina, sir.[45] |
COURT: | ||
| And according to the witness she got custody of the children after August 26 and September 26, 1996. | |
| ||
Now the question of the Fiscal is ....interrupted. | ||
| ||
ATTY. SEVILLEJA: | ||
What did she observe? But she was not present at that time, your Honor. | ||
| | |
COURT: | ||
The children were staying with her. | ||
| ||
ATTY. SEVILLEJA: | ||
We submit, your Honor. | ||
| ||
COURT: | ||
Witness may answer. | ||
A | They were silent "tulala" and as if they were not in their usual selves. | |
Q | What did you do when you noticed those unusual actuations of AAA and BBB? | |
A | I asked them, Madam. | |
Q | Did they give you any answer? | |
A | They lied the first time, Madam. | |
| | |
Q | How about the second time or the succeeding times that you asked them? | |
A | BBB dreamed on September 30, 1996 [at] dawn. | |
| | |
Q | Madam Witness, when I asked you earlier what were the answers of your children when you asked them why they were silent and the were not in their usual selves, you answered that the first time they lied to you. My next question is, "How about the second or succeeding times when you asked them, what were their answers to you? | |
A | They lied and they told me, "Mother, we don't want you to become [a] criminal." | |
Q | So what was your reaction when they continued lying to you and telling you that they don't want you to become [a] criminal? | |
A | I thought of something, Madam. | |
| Q | And what did you do? |
A | I asked them "kinulit" persistently, Madam. | |
ATTY. SEVILLEJA: | ||
We ask your Honor that the word "kinulit" be quoted before the word persistently. | ||
| ||
COURT: | ||
Noted. | ||
PROS. VILLARIN: | ||
Q | So what was the result of your being persistent to know what really happened? | |
A | They did not reveal the thing to me and they just cried, Madam. | |
| Q | When AAA and BBB cried, what did you do? |
A | I consoled them and I bought them apples because I want them to reveal the truth, Madam. | |
Q | And what was the result of your effort? | |
A | Their only answer is, "We don't want you to become [a] criminal." [50] |
Q | Do your recall Madam Witness of any unusual incident that happened to you in the October 1995? | |
A | Yes, sir, there was, sir. | |
Q | Will you please tell the Honorable Court what was this unusual thing that happened to you in the same year? of October 1995? | |
ATTY. SEVILLEJA: | ||
May we make on record that the witness now is speaking in Tagalog. She was speaking then in Ilocano. | ||
COURT: | ||
Make on record the observation of the defense. | ||
A | When I was sleeping, I noticed somebody was smashing (sic) my breast and also my private part and somebody went on top of me, sir. | |
Q | Now, you felt somebody was smashing your breast and touching your private parts and that somebody went on top of you. What happened next when you felt this? | |
A | That person who went on top of me poked his (sic) on me and then when I noticed that, I immediately turned on my side and then the person told me not to tell the incident to anybody or else he will kill me, sir. | |
| | |
| Q | Now, you said that that person poked his (sic) on you, what do you mean to tell the Court by that? |
| A | The bolo, sir. |
| | |
| Q | Now you said according to you, you turned sidewise, why did you turn sidewise? |
| A | Because I do not want that he can get my womanhood, sir. |
| | |
| Q | Now, you said that you turned sidewise because you do not want that person to get your womanhood, what happened next? |
| A | He went back to the place where he was sleeping, sir, and then at that night I was not able to sleep. |
| | |
| Q | Why were you not able to sleep? |
| A | Because I don't want that to happen again, sir. |
| | |
| Q | Will you please tell the Honorable Court what was that thing which you do not want to happen again? |
| A | I don't want that the smashing of my breast and my vagina, be repeated again, sir. |
| | |
| Q | Now, what did he do with your vagina? |
| A | He inserted his penis, sir. |
| | |
| Q | And when he inserted his penis in your vagina what did you feel? |
| A | I felt pain, sir. |
| | |
| Q | What part of your body was painful? |
| A | My vagina, sir. |
| | |
| Q | Now, could you tell the Honorable Court if you have recognized that person who inserted his penis in your vagina? |
| A | Yes, sir, I know him. |
| | |
| Q | Who was that? |
| A | That person wearing a stripe t-shirt, sir. (Witness pointing is looking to the place where Dominador Iluis as earlier identified by the witness is sitting.) |
| | |
| Q | Your father? |
| A | Yes, sir, he is my father. |
| | |
| Q | Now, could you tell the Honorable Court Madam Witness the exact date on that month of October 1995 when your father the accused in this case inserted his penis in your vagina while you were then in the house? |
| A | I only remember the month and the year, it was October 1995 but I do not remember the exact date, sir. |
| | |
| Q | You stated a while ago that after your father inserted his penis to your vagina he went back to the place where he was sleeping. At what part of the house was your father then sleeping when he went back to the place? |
| A | We were sleeping in the same place, sir, side by side. |
| | |
| Q | You said we, who are those persons that you were sleeping with side by side? |
| A | I, BBB and my father, sir, in that order. |
| | |
| Q | Now, at the time your father inserted his penis in your vagina, did you not awaken your sister BBB who was just sleeping beside you? |
| A | I was not able to awaken my sister BBB because my father was poking the bolo at me and I was so afraid, sir. |
| | |
| Q | How old is your sister BBB at that time? |
| A | Nine (9) years old, sir. |
| | |
| Q | When you slept that night, could you tell the Honorable Court what were you wearing then? |
| A | Short and t-shirt, sir. |
| | |
| Q | At the time your father inserted his penis in your vagina, where was then your shorts and your panty? |
| A | He put down my short and my panty and it was placed on my knees, sir. |
| | |
| Q | And could you tell the court what was then your position when your father inserted his penis in your vagina with your short and your panty on your knees? |
| A | I was on my side, sir. |
| | |
| Q | What about your father what was his position when he inserted his penis in your vagina? |
| A | He placed me in a position where I was facing up and then he went on top of me, sir. |
| | |
| Q | When he went on top of you, what did you do? |
| A | I was (not) able to do anything anymore, sir, because I was so afraid. He was poking the bolo at me and because I wanted to live, I did not shout and besides I was very nervous and frightened, sir. |
| | |
| Q | Now, according to you after your father inserted his penis in your vagina he went back to the place where he was sleeping and you did not sleep anymore. Up to what time were you not able to sleep anymore? |
| A | 1:00 o'clock up to5:00 o'clock dawn, sir.[53] |
Q | And do you recall Madam Witness where were you at around 6:30 o'clock in the evening of October 2, 1995? | |
A | Yes, sir, I remember. It was about 6:30 o'clock in the evening when I was in our house sleeping beside my father. | |
Q | Where was your sister then AAA? | |
A | She was also there, sir. | |
Q | On October 2, 1995, your sister AAA was there also? | |
A | Yes, sir. | |
Q | Now, you said you were sleeping with your father on this date and time, was there anything unusual that took place on this date and time? | |
A | Yes, sir. | |
Q | And will you please tell the Honorable Court what was that unusual incident that took place? | |
A | I was awaken because I felt that somebody was on top of me, sir. | |
Q | And what did this somebody on top of you do? | |
A | He inserted his penis into my vagina, sir. | |
Q | And who was that who went on top of you who inserted his penis into your vagina? | |
A | My father, sir. | |
Q | The person you pointed to a while ago who is in the courtroom Dominador Iluis? | |
A | Yes, sir. | |
Q | When your father Dominador Iluis inserted his penis into your vagina, what did you feel? | |
A | I felt pain, sir. | |
Q | And what did you do when you felt pain when your father inserted his penis in your vagina? | |
A | I was not able to do anything, sir, because my father was strong. | |
Q | Do you know Madam Witness how long did your father insert his penis in your vagina? | |
A | I don't know, sir. | |
Q | After inserting his penis in your vagina, what did he do next? | |
A | He bound my arms and he opened my legs, sir. | |
Q | What did he do when he opened your legs? | |
A | He inserted his penis, sir. | |
Q | Now, according to you a while ago, somebody went on top of you and inserted his penis, can you tell the Honorable Court if that penis was inserted when that person went on top of you? | |
A | Yes, sir. | |
Q | So, how many times, therefore, did your father insert his penis in your vagina on that date? | |
A | Once, sir. | |
Q | And when was this? | |
A | On October 2, 1995, sir. | |
Q | Now, you said that your hands were tied and your legs were spread out and then he inserted his penis, is that correct? | |
A | Yes, sir. | |
Q | You also said a while ago that somebody went on top of you when you woke up? | |
A | Yes, sir. | |
Q | And you said this person who went on top of you inserted his penis in your vagina? | |
A | Yes, sir. | |
Q | So it was at that instance then when you woke up when Dominador Iluis went on top of you and inserted his penis in your vagina? | |
A | Yes, sir. | |
Q | What did you do when your father inserted his penis in your vagina? | |
A | I was not able to do anything because my father is so strong, sir. | |
Q | Was that the only unusual incident that happened to you? | |
A | There was another time, sir. | |
Q | And when was that? | |
A | That was on August 2, 1996, sir. | |
Q | On August 2, 1996, at about 3:00 p.m., where were you then? | |
A | I was in our house, sir. | |
Q | And what about your sister AAA? | |
A | She was in our neighbor's house watching a t.v. program, sir. | |
Q | So what was that, that happened to you on August 2, 1996? | |
A | On August 2, 1996, I was in our house taking a rest when my father threw a ball at me, sir. | |
Q | And what happened next? | |
A | That was all, sir. | |
Q | You said there was [an] unusual incident that happened to you on August 2, 1996, what was that? | |
A | My father threw a ball at me, sir. | |
Q | When he threw a ball at you, what did you do? | |
A | I tried to run away but I was not able to run away because my father was so strong and he closed the door, sir. | |
Q | What happened next? | |
A | He raped me, sir. | |
Q | Will you tell the Honorable Court how your father, Dominador Iluis, raped you on August 2, 1996? | |
A | I don't know, sir, because I am so confused. | |
Q | When you said raped, what did your father do? | |
A | He told me to strip my clothes but I refused, sir. | |
Q | When you refused what did your father do? | |
A | He removed my clothes forcibly, sir. | |
Q | And when you were forcibly stripped off your clothes, what did he do next? | |
A | That was all, sir. | |
Q | You were forcibly stripped of your clothes and your father also removed his clothes? | |
A | Yes, sir. | |
Q | What did he do next? | |
A | He laid me down and he inserted his penis into my vagina, sir. | |
Q | And what have you felt? | |
A | It was painful, sir. | |
Q | What was painful? | |
A | My vagina, sir. | |
Q | Why was it painful? | |
A | Because of the rape that he was doing, sir.[54] |
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:The twin circumstances of relationship of the victims and the accused and the minority of the said victims are required to be duly proved beyond reasonable doubt.[59] The same must also be alleged in the Information, as mandated by Section 8 of Rule 110 of the Revised Rules of Criminal Procedure which reads:
- When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
SEC. 8. Designation of the offense.-- The complaint or information shall state the designation of the offense given by the statute, aver the acts or omissions constituting the offense, and specify its qualifying and aggravating circumstances. If there is no designation of the offense, reference shall be made to the section or subsection of the statute punishing it.Although this rule took effect only on December 1, 2000, long after the crimes charged were committed, it should nonetheless be applied retroactively, it being favorable to the appellant.[60] Even if the prosecution proved beyond cavil the minority of the victims AAA and BBB and their filiation with the appellant, if such circumstances were not alleged in the Information, the appellant cannot be convicted of qualified rape; otherwise, he would thereby be deprived of his constitutional right to be informed of the nature of the charges against him.[61]