458 Phil. 880
PANGANIBAN, J.:
"WHEREFORE, in view of all the foregoing, the Court finds accused Danilo Andrade y Monter guilty beyond reasonable doubt of the crime of rape provided in Article 335, paragraph 1 of the Revised Penal Code, as amended by Republic Act No. 7659.The Complaint,[3] dated February 27, 1997, charged appellant in these words:
"Consequently, accused Danilo Andrade y Monter is sentenced to the single indivisible penalty of reclusion perpetua with its accessory penalties conformably with Art. 41 of the Revised Penal Code which he shall serve at the Davao Prison and Penal Farm at Panabo, Davao del Norte. He shall be entitled to the benefits of his preventive imprisonment conformably with Article 29 of the Revised Penal Code, as amended.
"Accused is also ordered to indemnify the offended party the sum of Fifty Thousand Pesos (P50,000.00). In addition, accused is also ordered to pay the offended party moral damages in another sum of Fifty Thousand (P50,000.00) Pesos."[2]
"That [on] or about the morning of December 28, 1996 at Brgy. Bitan-agan, Butuan City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously have carnal knowledge with AAA, a minor by using force and intimidation and against her will."[4]Upon his arraignment on October 15, 1997, appellant, assisted by his counsel de parte,[5] pleaded not guilty.[6] After trial in due course, the court a quo rendered the assailed Decision.
"On December 28, 1996, about 11:30 o'clock in the morning, while complainant AAA (AAA) was on her way home to Bitan-agan, Butuan City from the creek after washing clothes, she saw x x x Danilo Andrade (appellant), a neighbor, seated under a [star apple] tree. AAA did not pay attention to him and proceeded to walk home. As she walked past him, appellant pulled her left hand and dragged her towards the bushes. AAA was 13 years old at that time.
"AAA shouted for help but appellant covered her mouth and pointed a bolo at her, with a warning not to make any noise. AAA struggled (`kisi-kisi') in vain. Appellant was able to push her down. While lying down, appellant remove[d] her pants and her panty. All the while, AAA struggled to free herself but her strength was no match to that of appellant. She was trying to close her thighs but he was able to keep her legs apart. He removed his pants, placed himself on top of AAA and inserted his penis into her vagina. AAA felt pain in her organ. She told him to stop because she felt pain but appellant continued, making push and pull movements, until he was satisfied. Appellant then stood up, put on his clothes and warned AAA not to tell anyone, otherwise he would kill her. Upon reaching home, AAA immediately told her mother, Nena Morales, about the rape because it was the second time that she was sexually abused by appellant.
"About noontime of the same day, while Maria Estrada was on her way to the house of Nena Morales to get the bathrobe the latter borrowed from her, Estrada saw appellant running downhill going towards the barangay proper. As Estrada reached Nena's house, she learned about the rape incident. Forthwith, AAA, her mother and Estrada went to the barangay captain but the latter was not in, so they went home.
"On their way back, AAA, Nena and Estrada passed by the house of appellant, which was along the way to Nena's house. Nena talked to Mayeth, appellant's wife. Nena told her about the incident. Mayeth went to fetch appellant in the field. When appellant and Mayeth came back, Nena confronted him but he denied, saying he did not rape AAA but he only hugged and kissed her. Mayeth was enraged and hit appellant. Afterwards, appellant apologized to Nena and AAA and asked for forgiveness. Mayeth then said that it would be better for her and appellant to leave the place because of the scandal that he did. Estrada, however, commented that they should not leave if appellant had not done anything wrong. However, Nena, just to prevent the couple from leaving the place, pretended by saying that she would no longer bring the matter to the barangay captain. Nena, AAA and Estrada then went home.
"On the following morning, December 29, 1996, AAA and Nena went to the office of the Barangay Captain and reported the matter to Barangay Kagawad Angeles Apatan, who accompanied them to the police station at Barangay Amparo. Thereat, AAA executed her affidavit and a complaint for rape against appellant was filed, after which appellant was arrested. AAA and Nena then proceeded to the City General Hospital at Languihan, Butuan City for medical examination.
"In the afternoon of December 29, 1996, AAA was examined by Dr. Rhodora Gliceria Monton-Anino, medical officer of City General Hospital, Languihan, Butuan City, who thereafter issued a medical certificate (Exhibit `B'). Dr. Anino found an old hymeneal laceration at 3, 5, 8 o'clock positions; fourchette intact, round in contour; the introitus admitted easily a vaginal speculum; erosions at the anterior lip of the cervix; negative for spermatozoa. Dr. Anino later testified and explained that the normal form of fourchette is V-shape while the contour is rounded if there is a stretch on it, and that based on her examination, the cervical erosions could be caused by an infection or force applied on it such as constant rubbing of the penis to the cervix."[8]
"Accused Danilo Andrade denied having anything to do with the crime ascribed against him as he was then working in the farm of Elit Obungen at Nocnocan. In refuting the charge against him, he testified that the private complainant's mother, Nena Morales, is his paramour. The illicit relationship started in 1992 when Nena Morales used to tempt him by going to his farm house to borrow soap and fetch water. On several occasions, Nena Morales used to wear shorts. In 1995, he got married. But this did not stop Nena Morales from seeing him in Bitan-agan. After arriving from Cagayan de Oro, he proceeded to his farm and later to the house of his sister. Nena Morales followed him. Thereat, Nena Morales told him that he would not be able to see her anymore because she would be floating in [the] Agusan River. Nena Morales also told him that he will not have peace in his family as she is going to make trouble. After telling him that she would commit suicide, Nena Morales went to his house many times drunk. As he kept on avoiding her, he later learned that Nena Morales slashed herself. When Nena Morales recovered, she went to his house and created trouble. As proof that he and Nena Morales were lovers, they used to check in at a hotel. They also had sexual intercourse in the farm several times.
"Mayet Andrade corroborated the foregoing testimony of the accused. She testified that it is not true that they asked forgiveness from Nena Morales about the incident. Instead, she only confronted Nena Morales why she filed a case against the accused. Nena Morales told her that she was only filing the case against the accused because she wanted to take revenge. In her conversation with the private complainant, the latter told her that she was not raped by the accused.
"SPO2 Teofilo Maquilling Pame identified the police blotter and the entries made therein on December 30, 1996 regarding the complaint of the victim, AAA for x x x attempted rape, which allegedly happed on December 28, 1996 at Purok 4, Bitan-agan, Butuan City."[10]
"I
The trial court erred in not rejecting the highly implausible and conflicting testimony of the private complainant anent the crime charged."II
The trial court erred in convicting the accused-appellant of rape considering that the private complainant did not offer any tenacious resistance."III
The trial court erred in not giving full faith and credence to the evidence proffered by the defense."IV
The trial court erred in rendering a verdict of conviction despite the failure of the prosecution to establish the guilt of the accused-appellant beyond reasonable doubt."[12]
The testimony of complainant clearly shows that she resisted the sexual advances of appellant, but was forced and intimidated to submit to his will. The defense failed to cast doubts on her credibility, as she stuck to her story during the cross-examination. Moreover, her claims were supported by the medical report of Dr. Rhodora Gliceria Monton-Anino, who had examined her the day after the rape incident.
"PROSECUTOR GUIRITAN: Q And, how far were you to Danilo when you saw him seated for the first time under the star apple tree?A He was also about five (5) brazas from where I was.Q When you saw him, what did you do?A I did not pay attention to him. I proceeded my way.Q What happened after that?A When I proceeded walking, he pulled my hands.COURT: (to the witness) Q Your two (2) hands?A Lefthand.PROSECUTOR GUIRITAN: Q And when he pulled your [hand], what happened to your basin of washed clothes?A The basin with the laundered clothes fell and the clothes got dirty.Q After he pulled your left hand, what else did he do to you after that?A After pulling my hands, he dragged me towards where the bushes are.Q How far [were the] bushes to the place whe[re] your left hand was first pulled by Danilo? (Witness indicating the distance from where she is seated to the main door of the courtroom which is 8.3 meters as previously measured.)Q After he brought you to that bushes or grassy place, what happened next after that?A I shouted for help.Q How many times did you shout?A Many times.Q Then, what did he do to you?A He covered my mouth.Q What else did he do to you after he covered your mouth?ATTY. CHAVEZ: Your Honor, may I request that the interpreter stay here.COURT: (to the witness) You face here. (Witness faced the Court and the Interpreter is seated facing the Judge's table and the witness.)A He pointed a bolo at me and he warned me not to make any noise.PROSECUTOR GUIRITAN: Q When he pointed that bolo towards you, what did you do also?A I struggled.ATTY. CHAVEZ: May I request that the word `kisi-kisi' be –COURT: (to the Stenographer) Place there in parenthesis the word `kisi-kisi'.WITNESS: I struggled (`kisi-kisi').PROSECUTOR GUIRITAN: Q What else?A When I was struggling he removed my clothes.Q By the way, at that time, what were you wearing?A I was wearing a T-shirt and pants.Q Long pants?A Yes, sir.Q What was your position when he removed your T-shirt?A He did not remove my T-shirt. It was only the pants.Q And what was your position? Were you still standing or already lying down when he removed your pants?ATTY. CHAVEZ: Your Honor[,] please, no basis.COURT: Sustained. Do not suggest an answer to the witness.PROSECUTOR GUIRITAN: We submit, Your Honor.Q What was your position?A I was already lying down.Q Now, what else happened after he removed your pants?A He also removed my pants.Q Were you wearing panty that time?A Yes, sir.Q What was the color of your panty, if you still could recall?A I think that was colored pink.Q What did you do when Danilo Andrade removed your pants and your panty?A I was still struggling trying to free myself.Q And what did he do to you also after he was able to remove your pants and panty.A He also removed his clothes.Q Which clothes did he remove?A His pants, sir.Q What was he wearing at that time?A It was `maong' pants.Q When he removed his pants, what did he also do to you?A After removing his pants he placed himself on top of me.Q Now, you said [a] while ago that accused was bringing a bolo, what did he do with the bolo at that time?ATTY. CHAVEZ: Your Honor, although the premise is [`what'], I think that's leading, Your Honor.COURT: May I have the question. (Court Stenographer reading the question propounded last by the prosecutor.)COURT: It's a legitimate question. Answer the question.ATTY. CHAVEZ: I submit, Your Honor. WITNESS: A He pointed the bolo at me.PROSECUTOR GUIRITAN: Q Now, you said after he removed his own pants and after he also removed your pants and panty he placed himself on top of you. What do you mean by that, Miss Witness, when you said he placed himself on top of me?x x x x x x x x x A He inserted his penis to my vagina.PROSECUTOR GUIRITAN: Q How did you notice that his penis already entered your vagina?A Because I felt the pain.Q At that time when he already inserted his penis towards your vagina, what did you do, Miss Witness, aside from the fact that you felt pain in it?A I told him to stop because it was very painful but he did not stop. (At this juncture, the witness is crying.)"[15]