614 Phil. 691
QUISUMBING, J.:
x x x x
That on or about the 21st day of March, 2004, in the Municipality of [xxx], Province of [xxx], and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent and with lewd designs and by use of force and intimidation, did then and there willfully, unlawfully and feloniously had carnal knowledge with [AAA],[7] a 14 year old girl, against her will, to her damage and prejudice.
Contrary to law.
Findings: = Upper & Lower Extremities = (-) abrasion/hematoma = Head & Neck (-) abrasion/hematoma = Breast = Back = Gluteal
area (-) abrasions/hematoma = Abdomen = Pelvic Exam : Ext. [G]en[i]talia Normal = Hymen = old healed lacerations on the [5 o'clock and 7 o'clock positions] = erythema noted on the (R) labia m[i]nora lower 3rd & (L) labia minora middle 3rd S.E. Vaginal canal = no abrasion, no hematoma Cervix = small, closed I.E. PPE - I -nulliparous C - closed, small U - Small A - (-) mass / tenderness D - scanty whitish Mgt. - Patient is for CVS = Result: No spermatozoa seen[11]
WHEREFORE, premises considered, applying Article 266-A and 266-B of the Revised Penal Code as amended, and the amendatory provisions of R.A. 8353, (The Anti-Rape Law of 1997), in relation to Section 11 of R.A. 7659 (The Death Penalty Law), the Court found accused, ROLDAN ARCOSIBA GUILTY beyond reasonable doubt of the crime of RAPE charged under the information and sentenced [him to] suffer the maximum penalty of RECLUSION PERPETUA and to pay civil indemnity in the amount of Fifty Thousand (P50,000.00) Pesos and moral damages in the amount of Twenty[-]Five (P25,000.00) Thousand Pesos to the victim, [AAA]; and
Pay the Cost.
SO ORDERED.[15]
WHEREFORE, premises considered, the decision of the Regional Trial Court finding the accused, ROLDAN ARCOSIBA GUILTY beyond reasonable doubt of the crime of RAPE and [sentencing him to] suffer the maximum penalty of RECLUSION PERPETUA and to pay civil indemnity in the amount of Fifty Thousand (P50,000.00) Pesos, moral damages in the amount of Twenty[-]Five Thousand (P25,000.00) Pesos and pay the cost to [AAA] is AFFIRMED with MODIFICATION that the private complainant is also entitled to the award of exemplary damages in the amount of Twenty[-]Five Thousand [P]esos (P25,000.00).
SO ORDERED.[16]
I.
THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE.II.
THE TRIAL COURT GRAVELY ERRED IN GIVING CREDENCE TO THE INCONSISTENT STATEMENTS OF THE PROSECUTION WITNESSES.[17]
There appears nothing inconsistent with AAA's testimony. Despite being merely 14 years old she subjected herself to the glare of public prosecution for rape, positively identified appellant as her rapist and candidly revealed the ugly details of the deplorable violation of her person. Her testimony appears straightforward and clear. It is thus correct that both the trial and appellate courts gave credence to her testimony and they both regarded her as a credible witness. Absent any showing that the lower courts had overlooked certain facts of substance and value which, if considered might affect the result of the case, we find no basis to doubt or dispute, much less overturn, the findings of credibility by both courts.
PROSECUTOR MERIN: x x x x Q Do you know the person of Roldan Arcos[i]ba alias Intoy? A Yes, sir. Q Is he inside this courtroom now? A Yes, sir. Q Where is he? A Witness at this juncture is pointing to a person inside the courtroom who when asked of his name identified himself as Roldan Arcos[i]ba. Q Why do you know the accused in this case Roldan Arcosiba alias Intoy? A Because he is a resident in the brgy. where I [am also residing.] x x x x Q On March 21, 2004 about 7:00 o'clock in the evening where were you? A I was in the house of my friend. Q Who is that friend who was with you at that time? A [BBB]. Q After you were in the house of [BBB] where did you proceed[?] A We went to our house. x x x x Q When you reached your house about 7:00 o'clock in the evening of March 21, 2004 was there any untoward incident that transpired thereat? A When we went to our house[,] our house was already opened. x x x x Q When you were already inside your house what[,] if any[,] did you observe? A Our rice was missing. x x x x Q And noticing the absence of that 1 sack [of] rice[,] what did you do next? A I looked for it because I was thinking that it might have been kept by my sister in the cabinet. Q Were you able to find it? A No, sir. Q What did you do when you were not able to find it? A We stayed inside the house and at that time that we were intending to go out I have seen this person (witness referring to the accused). Q Where was Roldan Arcos[i]ba when you were trying to go out of your house? A He was in our yard. Q Was your house lighted at that time? A Yes, sir. x x x x Q Noticing the presence of Roldan Arcos[i]ba at your yard[,] what next transpired if any [please] tell the court? A We ran together with my friend to the kitchen. x x x x Q You mean you went back inside your house and ran towards the kitchen? A Yes, sir. Q Is your house a one[-]storey house or a two-storey house? A One[-]storey house. Q Is that kitchen separated from the main house? A It is inside our house. Q When you both ran back to your house and proceeded to the kitchen what next transpired if any? A This person [of]Roldan Arcos[i]ba uttered words. Q What [were] his utterances? A He asked where my father was. Q When did he utter that[?] [While] you were still facing him or when you ran already? A We were still inside our house but not yet in the kitchen. Q How far was the accused when he uttered [his] posing query [as] to the whereabouts of your father? A From here to the DSWD Officer (Witness indicating a distance of about 4 meters). Q After he uttered such statement posing query to the whereabouts of your father what did you do? A I said he is not here and then he said come here first. Q To whom was he directing [the words "come here"]? A Me. Q What about [BBB] where was she? A Also in the kitchen. Q You mean you were separated from each other? A Yes, sir. Q When the accused directed such statement come here what did you do? A I drew near to him[,] but I was still inside our house near the [window]. x x x x Q When you drew near to him and stayed by the window what [happened next]? A He told me that my father owed him [a] big amount of money. Q And when he uttered that what did you say? A I said, ["that is not true"]. Q When you made a retort to that statement that it is not true what [happened next]? A He said, "Your father owes a big amount of money and I am the one who is supporting your studies." Q What was your answer then? A Nothing and I just cried. Q After you cried[,] what next transpired[,] if any? A Then he said, ["Y]ou get out from that house and we have something to talk [about"]. Q Did you comply [with] such statement? A Yes, sir. Q Did you go [out] alone? A Yes, sir. x x x x Q When you go out did you go out alone or with the accused already? Yes, sir. Q After you reached that yard where you first saw [the] accused what next transpired[,] if any? A He embraced me and kissed me and then he told me to sit down on a sack. Q What is [the] sack for? A Full of charcoal. x x x x Q You said you were kissed to what portion of your body was kissed? A My lips. Q What did you do when [he kissed your lips]? A I refused. Q How did you show your refusal when you were kissed? A I was evading to be kissed. Q Were you kissed indeed? A Yes, sir. Q Why? A Because he said keep quiet if not I will kill you. Q When you were kissed how did [the] accused try to kiss you tell the Court? A He was standing and I was sitting. Q Where was his right hand? A He was holding my body. Q What portion of your body? A My left shoulder. Q How about his left hand where was it? A The same. x x x x Q After he uttered threatening word[s] for you not to evade his kisses what did you do? A I did nothing but cry. Q Why? Why is it that you were not able to do anything but cry? A Because I was afraid. Q Why were you afraid? A Because he threatened me. Q How did he threaten you? A He said, "don't cry or I will shoot you." x x x x Q After that statement for you to keep quiet what next thing did the accused do upon your person? A He undressed me. Q How did he undress you? A He took off my apparels and ordered me to lie down? Q What were you wearing? A [Striped T-shirt and shorts.] Q What was taken first by the accused, was it your upper apparel? A Short[s]. Q Were you [wearing a] panty that time? A Yes, sir. Q After the short[s] was taken was it along with the panty? A Yes, sir. Q After he was successful in taking off your panty and your short[s] what next did the accused do? A He touched me. Q What do you mean he touched you? A He raped me. Q How about the upper apparel was it still intact with his body? A Yes, sir. Q You said you were made to lie down, to what place where you made to lie down? A Beside the sack. Q You mean on the ground? A Yes, sir. x x x x Q After you [laid] down on the ground as commanded by the accused[,] what next did [the] accused do upon your person? A He was intending to rape me but he said let's do it at the back of your house. Q After he uttered such statement[,] what did you do? A I was resisting but he dragged me. Q How did he drag you? A He told me to stand up and then told me to go first to the back of my house. Q Did you not try to run away after he told you to go to the back of your house? A No[,] because he was situated on my back. Q You mean he was at your back? A Yes, sir. Q You mean he was following you? A Yes, sir. Q How far was the accused upon your person while you proceeded to the back of your house? A A meter distance. Q Was he holding your body? A No, sir. Q Were you still half naked that time? A I don't have anymore my dress because he placed it on his face. Q You mean he put it on his head? A My dress only. Q How about your short[s]? A He took it. Q You mean you were totally naked at that time? A Yes, I was naked. Q Were you able to reach the back of your house? A Yes, sir. Q To what portion [at] the back of your house did you go? A At the back of our comfort room. Q Is it near a kitchen? A Yes, sir. Q How about your companion [BBB] where was she? A She ran to her house and had told what happened. Q In what period of time when [BBB] ran to her house, was it on the time when you were on your way of going out to your house? A When we were already at the back of our house. Q You mean at the back of your comfort room? A Yes, sir. Q After you were at the back of your comfort room what [happened next] if any tell the Court? A He told me to lie down and he took off his [shorts]. Q Did you lie down as instructed? A Yes, sir. Q Why did you lie down? A Because I was ordered. Q Why did you not try to run? A No, sir. Q Why did you not try to run away? A Because I was afraid. Q Afraid of what? A Because he might shoot me. x x x x Q After he was already naked what transpired next[,] if any? A He took off his briefs and he let me hold his penis. Q While you were already on a lying position. A Yes, sir. Q Did you hold his penis? A I was refusing then but he threatened me. Q Threatened you how? A The same saying. Q What is that? A That he will shoot me. Q Did you hold his penis? A Yes, sir. Q What hand was used by you in holding his penis? A The two hands. Q And what did you do when you [held] his penis with your two hands? A He told me to masturbate. Q Did you masturbate? A Yes, sir. Q For how long? A It did not take long. Q What happened to the penis when you masturbated that? A He told me to stop and then he inserted it to my vagina. Q What was your relative position when he inserted his penis? A Lying. Q How did you feel when the penis was inserted to your vagina? A Pain. Q Did you not try to evade the insertion of his penis to your vagina? A I did not. Q After the penis was inserted to your vagina was the accused able to ejaculate? A No, sir. Q Why? A It did not take long because a person arrived. Q [Who is that person?] A Kuya Bombom. Q Who is he? A My neighbor. Q When your neighbor Kuya Bombom arrived what did the accused do? A He immediately stood up and he intended to bring me to the river. Q Did you go along with the accused? A I was refusing. Q Because you refused, what did the accused do? A He said, "Hurry because if you will not go with me I will kill you."[20]