427 Phil. 633
That on or about the 19th day of August, 1994 at 7:00 o’clock in the morning, more or less, in the Municipality of Tabogon, Province of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, with deliberate intent, by means of force and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge with (sic) Sarah Joy Arpon, a 12 years (sic) old girl against her will and consent.Upon arraignment on October 18, 1994, accused-appellant pleaded not guilty. Trial thereafter ensued.
CONTRARY TO LAW.
GENITAL:Accused-appellant, on the other hand, denied the accusation against him and claimed that the rape charge was a mere fabrication of the victim’s parents who despised him. He testified that on August 19, 1994, he left his house at around 6:30 in the morning and went to Maslog, Tabogon, Cebu, which is about 1 1/2 kilometers away from their house. According to him, at 7:30 a.m. of the same day, after borrowing money from Barangay Captain Hayag at Maslog, he rode a passenger jeepney going to Daan, Tabogon, then to Barangay Taba-o. He alleged that he stayed at the reforestation area and went home at around 3:00 o'clock in the afternoon.
Pubic hair is absent. The labia majora is full, convex and coaptated with pinkish brown labia minora presenting in between. On separating, the same disclosed an elastic and fleshy type hymen with a superficial laceration noted at the body of hymen at 9 o’clock position. The external vaginal orifice admits the tip of the examining index finger. Vaginal and peri-urethral smears are negative for gram diplococci and for spermatozoa.
Subject is in virgin state physically.
There are no external signs of recent application of physical trauma noted during the time of examination.
WHEREFORE, premises considered, judgment is hereby rendered finding the accused Iñego Las Piñas guilty beyond reasonable doubt of child abuse or sexual abuse under the aforecited pertinent provisions of Republic Act No. 7610. Accordingly, he is hereby sentenced to FOURTEEN (14) YEARS, EIGHT (8) MONTHS and ONE (1) DAY of RECLUSION TEMPORAL, to the indivisible penalty of RECLUSION PERPETUA. The said accused is also hereby fined in the amount of P20,000.00 conformably to Art. XII, Section 31 (f) of the same Act. The accused is moreover sentenced to pay to the offended party moral damages in the amount of P30,000.00, in accordance with Article 2219, No. 3 and No. 10 of the Civil Code of the Philippines.On appeal to the Court of Appeals, it was held that there is sufficient evidence to convict accused-appellant of rape through intimidation under paragraph 1, Article 335 of the Revised Penal Code, punishable by reclusion perpetua. Hence, pursuant to Rule 124, Section 13, of the Rules on Criminal Procedure, the Court of Appeals certified the instant case to this Court. The decretal portion of its decision states:
The cost of this instance shall likewise be taxed against the accused.
WHEREFORE, premises considered, the decision of the Regional Trial Court of Cebu City, Branch 14, dated October 10, 1994 is hereby SET ASIDE. A new judgment is hereby RENDERED finding the accused Iñego Las Piñas, Jr., GUILTY beyond reasonable doubt of RAPE, committed through force and intimidation under Article 335 of the Revised Penal Code. Accordingly, he is hereby sentenced to the penalty of RECLUSION PERPETUA with all the accessory penalties set by law. The said accused is also sentenced to pay the offended party moral damages in the amount of P50,000.00 in accordance with latest jurisprudence. (People v. Laray 253 SCRA 654 ). Costs are charged against the accused.In this petition for review, accused-appellant raised the following errors:
Since the penalty imposed by the Court is RECLUSION PERPETUA, in deference to the last paragraph of Section 13, Rule 124 of the 1985 Revised Rules of Criminal Procedure, the Court hereby REFRAINS from entering its judgment and CERTIFIES the case to the Supreme Court for immediate review. The entire record of the case is likewise, ordered ELEVATED to the high court.
In the first assigned error, accused-appellant argues that the pronouncement of the trial court that he “cannot be held guilty of rape” amounts to an acquittal of the crime of rape, and therefore the decision of the Court of Appeals setting aside his conviction for child abuse under Section 5 (b), of R.A. No. 7610, and convicting him instead of the crime of rape, violates his constitutional right against double jeopardy.I
THE COURT OF APPEALS ERRED IN CONVICTING ON APPEAL THE ACCUSED-APPELLANT AFTER THE TRIAL COURT RULED THAT THE APPELLANT CANNOT BE HELD GUILTY OF RAPE.II
THE COURT OF APPEALS ERRED IN CONVICTING ON APPEAL THE ACCUSED WITHOUT FACTUAL BASIS FOR THE CRIME OF RAPE.
The medical findings of Dr. Rose Carla Simbajon that the victim’s hymen was intact, and that of Medico-Legal Officer Nestor S. Sator, showing that the victim is in a “virgin state physically,” do not at all detract from the commission of rape. As consistently held by this Court, the medical examination of the victim or the presentation of a medical certificate is not essential to prove the commission of rape because the testimony of the victim alone, if credible, as in the present case, is sufficient to convict the accused of the crime.
PROS. NAZARENO: x x x x x x x x x Q - On August 19, 1994, at about 7:00 o'clock in the morning, can you tell us where you were?
A - I was walking towards the school. x x x x x x x x x A - While I was walking, he called for me x x x x x x x x x A - Iñego Las Piñas called for me. x x x x x x x x x A - He whistled to me. (“Gisitsitan”) Q - What did you do when Iñego Las Piñas whistled or “sitsitan” at you?
A - I approached him. Q - When he called you, where was he? I am referring to Iñego Las Piñas.
A - He was at their porch sweeping. Q - You said that you approached him. What happened after that?
A - He told me to get inside their house. Q - In effect, did you get inside his house?
A - Yes, Sir. Q - After you got inside the house, what did Iñego Las Piñas do?
A - He closed the door. Q - You said that he closed the door, how did he close the door?
A - He locked the door knob. Q - After that, after you were already inside the house and Iñego Las Piñas locked the door knob, what happened?
A - He took off my shorts and my panty. Q - You said that he took off your shorts and your panty, what were you wearing then at the time when you were inside the house of Iñego Las Piñas?
A - I was wearing school uniform. x x x x x x x x x Q - You said that he took off your shorts and your panty, how about your skert (sic), did he take off your skirt also?
A - No, Sir. Q - You said that he took off your skirt and panty. After that, what did he do next?
A - He made me sit on the sofa. Q - After that, what happened next?
A - He knelt in front of me. Q - What did he do when he knelt in front of you?
A - He licked my vagina. Q - You said that he licked your vagina. Why did you say that he licked your vagina?
A - I noticed that. I felt it. Q - After he licked your vagina, what did he do next?
A - He unzipped his shorts and then pulled out his penis. Q - Why, what was Iñego Las Piñas wearing then at that time?
A - He was wearing t-shirt and shorts. Q - Can you tell us what kind of shorts was he wearing then?
A - Maong shorts. Q - After that, after he unzipped his shorts and pulled out his penis, what did he do next?
A - He shoved his penis into my vagina. Q - What happened next after he shoved his penis into your vagina?
A - I felt pain. Q - What did you do when you felt pain?
A - I kicked him. Q - Was he hit when you kicked him?
A - Yes, Sir. Q - Where was he hit?
A - (Witness pointing to her breast) Q - What happened to him when he was hit, when you kicked him?
A - He fell on his back. Q - When Iñego Las Piñas, Jr. fell on his back, what did you do?
A - I stooped or bowed my head. Q - After you have stooped your head, what happened next?
A - I saw blood. Q - Where did you see blood?
A - In my vagina. Q - After that, when Iñego Las Piñas was already feeling (sic) on his back, what did you do next?
A - I asked him what was that blood. Q - What was his answer?
A - He told me that I was menstruating. Q - After that, after he answered that you had already menstruated, what happened next?
A - He touched in a round circular motion with his finger. COURT: What did he touch? A - He touched my vagina making a circular motion. PROS. NAZARENO: Q - You said that Iñego Las Piñas touched your vagina making a circular motion, what was used by Iñego Las Piñas in touching your vagina and making a circular motion? ATTY. MERCADO: Incompetent, your Honor. COURT: May answer. WITNESS: (answering) I cannot remember now what finger he used in touching my vagina and making a circular motion. COURT: But it was a finger? A - Yes, your Honor. COURT: Continue, please. PROS. NAZARENO: Q - After that, what happened?
A - He touched my left shoulder with his bloodied hands. Q - You said that you were wearing your skirt and shorts and panty. How about your blouse, was that removed when you were abused by Iñego Las Piñas?
A - No, Sir. Q - You said that he touched the left portion of your shoulder with his bloodied hand. What happened to your blouse when he touched the blouse on your left shoulder?
A - It is (sic) smeared with blood. Q - Then after that, what happened next?
A - He stood up. Q - You said that he stood up. What did you do when he stood up?
A - He stood up and then tried to get something from his pocket. Q - What did he get something (sic) from his pocket.
A - He got some money. Q - Was he able to get money from his pocket?
A - Yes, Sir, there was. Q - What did he do when he was able to get money from his pocket?
A - He gave that money to me. Q - How much was that money taken from his pocket and gave (sic) it to you?
A - P50.00. x x x x x x x x x COURT: Did he say anything when he gave the money to you? A - There was. COURT: What did he say to you? A - He said do not tell anybody whoever he is. x x x x x x x x x PROS. NAZARENO: Q - After given (sic) the money by Iñego Las Piñas, Jr., what did you do?
A - I proceeded to go to school. x x x x x x x x x Q - When you returned home from school that afternoon of August 19, 1994, did you tell your mother what happened in the morning of August 19, 1994?
A - No, Sir. COURT: Why not? Why did you not tell your mother about what happened to you? A - I was afraid. COURT: And why were you afraid? A - I was afraid of what Iñego might do. COURT: Why, what is the basis of that fear about what Iñego would do? A - Because he is bad. COURT: Why do you say he is bad? A - Because Iñego would punish severely his children and there was a time also that he maltreated his wife and in fact his eldest child went to our house because Iñego almost stabbed his wife.