424 Phil. 251
VITUG, J.:
“I, BBB, of legal age, Filipino, married, and resident of xxx, in my minor 12-year [old] daughter AAA's behalf, swear under the law, and charges the Accused ROQUE ESTOPITO alias “Kiking” of the felony of RAPE under article 335 of the Revised Penal Code (as amended) because:The complaint was certified and forthwith filed by the prosecutor as being the accusatory information against Estopito.
“Last 20 November 1994, at or about 5:00 in the afternoon, in the premises of the back of Magsaysay Elementary School, xxx, Philippines and within this HONORABLE COURT’S jurisdiction, the ACCUSED, against my 12-year old minor daughter AAA's will and consent, through force and intimidation, laid down the minor AAA on a certain cemented floor, embraced, kissed her, touched her body and vagina, removed her underwear (‘panty’), and penetrated his penis into her vagina, and thus, the Accused had carnal knowledge with my daughter AAA.”[1]
“FOR THE FOREGOING CONSIDERATIONS, this Court finds accused ROQUE ESTOPITO alias ‘KIKING’ ‘GUILTY,’ beyond reasonable doubt of the crime of Rape as defined and penalized under Article 335 of the Revised Penal Code, he is hereby sentenced to suffer the penalty of RECLUSION PERPETUA with all the accessory penalties provided by law.In his appeal, Roque Estopito urges the Court to reverse the judgment of the trial court for what he believes to be a failure of the prosecution to amply prove his guilt.
“Accused is hereby directed to indemnify the victim the sum of Fifty Thousand (P50,000.00) Pesos.”[2]
The crime of rape, under the provisions of Section 11 of Republic Act No. 7659, amending Article 335 of the Revised Penal Code, could be committed by having carnal knowledge of a woman under any of these circumstances - (1) by using force or intimidation; (2) when the woman is deprived of reason or otherwise unconscious; and (3) when the woman is under twelve years of age or is demented. A conviction would require the essential elements of the offense to all be properly alleged in the complaint or information and proved at the trial.
“Q. What was he doing?“A. I was told to buy cigarette.“Q. Who told you to buy cigarette?“A. Kiking.“Q. Where were you when he called you and told you to buy cigarette for him?“A. I was playing.“Q. Where were you playing?“A. In our neighbor.“Q. Who is that neighbor?“A. Joy-Joy.“Q. How far is that from the house of Vina?“A. Adjacent.“Q. Now, what did you do when he told you to buy cigarette?“A. I handed [it] to him.“Q. What did you give?“A. Cigarette.“Q. Where did you buy the cigarette?“A. At Vina.“Q. You mean to say that Vina is a store?“A. Yes, Ma’am.“Q. Now, how far was he from the store when you gave the cigarette to him?“INTERPRETER: Witness pointed to a distance which is about five (5) to six (6) meters.“PROSECUTOR CALIZO: “Q. So, upon handing the cigarette to him, what did he do or say to you?“A. Nothing.“Q. What did he do after?“A. Nothing.“Q. What about you, what did you do after giving the cigarette?“A. I was pulled.“Q. Who pulled you?“A. Kiking.“Q. To where? What direction?“A. At Magsaysay.“Q. How did you and Kiking go to Magsaysay?“A. We rode a bicycle.“Q. You said he was riding a bicycle. At the time he was asking you to buy a cigarette, was he riding already a bicycle?“A. Yes.“Q. Now, Magsaysay is how far from the store of Vina?“A. It is far.“Q. Now, when you were made to ride the bicycle, did you not say anything to him?“A. None.“Q. What about him, did he say anything to you?“A. He told me to keep quiet.“Q. So, did you reach Magsaysay?“A. Yes, Ma’am.“Q. Now, is Magsaysay a big school?“A. Yes, Ma’am.“Q. Is it fenced?“A. No.“Q. To what portion were you brought by Kiking when you said he brought you to Magsaysay Elementary School?“A. In front of the school.“Q. Can you remember what day that was, whether that was a school day or not?“A. It was a Sunday.“Q. Upon reaching Magsaysay Elementary School, what did he do?“A. GIPAHUBO ANG PANTALON UG BRIEF (Remove the pants and brief).“Q. You are referring to whom when you said ‘remove the pants and brief’?“A. Kiking.“Q. After he removed his pants and his brief, what did he do next?“A. My panty was removed.“Q. Who removed your panty?“A. Kiking.“Q. Now, aside from the panty, what were you wearing in the lower portion of your body?“A. I was wearing dress with panty.“Q. Now, he removed your panty. What about your dress?“A. I was still wearing the dress.“Q. What was your position when Kiking removed your panty?“A. Lying down.“Q. Why were you lying down?“A. Because he told me to lie down.“Q. After he removed your panty, what did he do?“A. I cried.“PROSECUTOR CALIZO: May we ask that the answer ‘I cried’ be recorded, Your Honor.“Q. What about him, what did he do?“A. His penis was inserted to my vagina.“Q. What did you do when he was doing that?“A. I felt pain.“Q. What did you do because you felt pain?“A. I cried.“Q. How long did he do that?“A. Several times.“Q. After that, what did he do after he did that several times. When you said he inserted his penis, did he ever stop?“A. No.“Q. When did he stop if at all? After that, did he stand up?“A. Yes.“Q. How long after did he stand up?“A. When I stood up.“Q. What about him, what did he do to you after he stood up?“A. None.“Q. So, what did you do when he already stood up?“A. I stood up also.“Q. After that, what did you do after you stood up?“A. We parted our ways.“Q. Did he say anything before you separated?“A. Yes, Ma’am.“Q. What did he say?“A. Do not squeal.“Q. So, what about your dress, what did you do?“A. I cried.”[4]