431 Phil. 472
VITUG, J.:
“That on or about 8 July 1996, about 9:00 o’clock in the evening at sitio Pinak-an, Barangay Maloh, Siaton, Negros Oriental, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused Hector Baldosa by means of force, violence and intimidation, did, then and there willfully, unlawfully and feloniously have carnal knowledge of one Maria Fe B. Calabroso, against the latter’s will.”[1]Upon his arraignment, the accused entered a plea of not guilty; the trial shortly thereafter commenced.
“WHEREFORE, accused HECTOR BALDOSA, is hereby found guilty beyond reasonable doubt of the crime of Rape and the Court hereby imposes upon him the imprisonment penalty of RECLUSION PERPETUA. Accused shall also indemnify victim Maria Fe Calabroso the sum of FIFTY THOUSAND PESOS (P50,000.00). Accused must also restitute the victim an additional amount of SIX THOUSAND PESOS (P6,000.00) which he forcibly took from the victim.”[2]Feeling aggrieved by the decision, the convicted accused filed an appeal before this Court with a lone, but familiar and all-embracing, assignment of error; thus:
“The lower court erred in finding the accused guilty beyond reasonable doubt of the crime of rape defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act 7659.”[3]The Court, as usual in so large number of rape incidents appealed to it, has again proceeded with great caution in reviewing and going through the conflicting testimony of the witnesses in order to assure itself that the trial judge would not have missed or misappreciated a fact or circumstance of significance that can very well alter the final judgment on the case. Unfortunately for appellant, the Court has here found no cogent reason to ignore the findings of the trial court and to justify a departure from the well-settled doctrine that the credibility of witnesses is a matter really best addressed by the trial court because of its unique opportunity to observe the witnesses firsthand and to take note of their demeanor, conduct and attitude at the stand.[4]
The trial court noted that on several occasions during the narration of her harrowing experience in the hands of appellant, Maria Fe was in tears, an accepted indicum, with the verity born out of human nature,[6] of credibility of a victim of rape.
“Q. Now, what were you doing in your house about 9:00 o’clock in the evening of July 8, 1996?“A. I was sleeping.“Q. How about your child?“A. He was also sleeping, Ma’am.“Q. While you and your son were sleeping, can you tell us whether there was an unusual incident that happened?“A. There was.“Q. What happened?“A. That night while we were sleeping, somebody suddenly rammed at the door.“Q. Did you know who rammed against your door?“A. I do, Ma’am.“Q. Please tell us who this person was.“INTERPRETER: Witness standing up and pointing to a person who identified himself as Hector Baldosa.“PROSECUTOR ICAO: “Q. Is this Hector Baldosa the same accused being charged now for Rape?“A. Yes, Ma’am.“Q. During the incident and before, have you known this Hector Baldosa?“A. I do.“Q. Why do you know him?“A. I knew him because he is my husband’s first cousin.“Q. Kindly expound, why is this Hector Baldosa your husband’s first cousin?“A. His mother and my husband’s father are siblings.“Q. What is the name of Hector Baldosa’s mother, if you know?“A. I do not know.“Q. And the mother of Hector Baldosa is the sister of?“A. My father-in-law is a male.“Q. Who is the sister of the mother of the accused, your mother-in-law or your father-in-law?“A. My father-in-law and the mother of the accused.“Q. Now, what happened after accused Hector Baldosa rammed against your door?“A. He pointed a bolo at my throat while I was still lying down.“Q. And then, what happened?“A. And then he said, money.“Q. What was your reply or reaction?“A. I said, I have none.“Q. And then, what happened?“A. He said, if you will not hand over the money, I will kill you.“Q. Then, what happened?“A. Because of the fact that he was pointing a bolo at my throat, I was forced to reveal where I kept the money.“Q. What do you mean that you were forced to disclose where your money was, what did you do?“A. I was lying down and he was pointing a bolo at my throat.“Q. And then, what happened?“A. I told him that it was placed at the altar.“Q. What was placed at the altar?“A. The money.“Q. And then, what happened?“A. He got it Ma’am.“Q. Did you see him get the money at the altar?“A. I did, Ma’am, because while he was pointing the bolo by my chest, I was glancing or watching at him as he placed the money in his bag.“Q. How far is this altar from the place where you were lying down with your child?“A. It was near, by my feet.“Q. At the altar, where was this money placed?“A. On top.“Q. And then, what happened?“A. When the money was with him already and while I was still lying, he placed his arm against my neck and the bolo by my side.“INTERPRETER: Witness indicating the portion by her right neck.“WITNESS: And then he told me, if you will not agree to have sex with me, I will kill both of you and today will be your last day. He already included my son.“PROSECUTOR ICAO: At this juncture, Your Honor, we would like to manifest that the witness is crying.“COURT: Noted.“PROSECUTOR ICAO: “Q. Then, what happened?“A. While the bolo was by my neck, he told me to remove my panty and I begged him saying, no, no, please don’t, have mercy on me, but with the use of his other hand, he forcibly ripped my panty off me.“Q. Then, what happened?“A. When he tried to insert his sex organ into mine, I tried to keep my legs together and said, don’t, don’t, but when I lost my strength, he was able to have his way on me.“Q. You testified that the accused was able to insert his penis in your vagina, at this time, where was the bolo?“A. It was here.“INTERPRETER: Witness indicating the area by her right neck.“WITNESS: His arm was still against my neck and the bolo was a little past my head, so I still could not move.“PROSECUTOR ICAO: “Q. Tell us how long was this bolo?“A. We surrendered it to the police station. It was around this long.“COURT: Will the parties stipulate as to the length”“INTERPRETER: Which is around one (1) foot, as stipulated by the parties.“PROSECUTOR ICAO: “Q. The blade, how long was it?“INTERPRETER: Witness indicating her index and middle finger which the parties stipulates to be around 1½ inches.“WITNESS: “It’s at the police station, I was not able to measure it.“PROSECUTOR ICAO: “Q. When you were referring to the width as 1½ , are you referring to the blade, Mrs. Calabroso?“A. Yes, Ma’am.“Q. What happened after the accused was able to insert his penis into you?“A. He just kept inserting his penis even after he had already ejaculated.“Q. Your legs were free, did you not resist this transgression upon your honor?“A. He pressed upon it, I could not move.“Q. Where was your child at this time?“A. He pushed my kid away, it was a little farther.“Q. And then, what happened?“A. When the chickens and the hens got agitated, he leaped through the window and ran.”[5]
In any event, an errorless narration of a witness especially in recounting the details of an experience so humiliating and shocking as rape is hardly to be expected.[9] Certain variances on minor details do not seriously impair the credibility of the witness so long as there is congruence in the declaration of the principal occurrence and in the positive identification of the accused.[10] Indeed, minor contradictions often are considered to be inconsequential and even treated at times as indicia of truth rather than as badges of falsehood.
“ATTY. CEMPRON: I will just limit my question to this. You were asked this question: Did you remove your panty? And your answer is, Yes, I removed my panty because of fear. Is that the question asked and was that your answer? x x x x x x x x x“COURT: Translate the answer.“A. When he told me to remove my panty, I started to remove my panty but he grabbed it from me. I did it because my child was lying with me and I feared for the safety of my child who was lying beside me on the floor. The child was not with me anymore when I started to remove my panty. He was already some way off. I was telling him, yes, just don’t kill us.”[8]