763 PHIL. 118
LEONARDO-DE CASTRO, J.:
That on or about July, 2005 and for sometime prior and subsequent thereto, in the City of Cebu, Philippines, and within the jurisdiction of this Honorable Court, the said accused, with deliberate intent, did then and there willfully and unlawfully have carnal knowledge with one [AAA], a 14-year old MINOR with the mental abilities of an 8 to 9-year old child, without the consent and against the will of the latter and knowing the mental disability of said minor at the time of the commission of the crime.[4]The accused-appellant pleaded not guilty upon his arraignment.[5] During trial, the prosecution presented the testimonies of the following witnesses: (1) AAA,[6] the private complainant; (2) BBB,[7] the mother of AAA; (3) Dr. Naomi N. Poca,[8] the medico-legal officer who examined AAA; and (4) Rosemarie C. Gonato,[9] a psychologist who examined AAA. The defense, on the other hand, presented the testimonies of (1) the accused-appellant Jerry Palotes;[10] (2) Rose Bistes,[11] a friend of the accused-appellant's common-law wife; and (3) Marina Abella,[12] the owner of the house rented by the accused-appellant. Thereafter, Loren J. Borines,[13] a forensic chemist from the National Bureau of Investigation (NBI), testified on the results of the court ordered Deoxyribonucleic acid (DNA) test that she conducted.
The fourteen (14) years old minor victim, AAA, also known as ["ZZZ,"] lives with her mother BBB and her father CCC in YYY, Cebu City. AAA has the mental abilities of an 8-9 years old child. She is an illiterate and no longer goes to school.
Sometime prior to July 2005, AAA was asked by her neighbor, Dimple, to buy a diaper. While AAA was on her way back to her neighbor's house, she was pulled by appellant Jerry Palotes inside the latter's house. Appellant then held AAA, laid her down, removed her short pants and underwear. He then lowered down his brief up to his knees, kissed AAA's lips and neck and inserted his penis into AAA's vagina. When AAA felt pain, appellant stopped and told her to go home. Upon reaching home, she did not tell her mother about what happened because she was scared.
The second time that the appellant had sexual intercourse with AAA was when her friend called her to take care of her niece while Jerry was also inside the same house. Appellant then invited the minor victim to enter the house, pulled her inside and closed the door. He held AAA's hands, laid her down, removed her short pants and underwear, kissed her lips and neck and inserted his penis and pushed it inside AAA's vagina despite her pleas not to continue. When appellant kept on pushing his penis inside [her] vagina, AAA felt that her vagina was wet. Appellant Palotes took off his shirt and wiped her vagina with it. He advised AAA not to tell anyone about what happened and the latter went home.As regards the subsequent events and the medical examinations conducted on AAA, the prosecution stated that:
The third time that appellant had sexual intercourse with AAA was when he was washing clothes in front of the minor victim's house. They had a chat, with appellant telling AAA that she was beautiful. She just smiled. He then rushed washing his clothes and told AAA to get inside the house while he hang dry his clothes. When AAA was inside the house, the appellant followed her and removed her short pants and panty. He then inserted his penis inside AAA's vagina just like what he did last time. He then told AAA not to tell anyone and it would be between the two of them. Afterwards, AAA went home.[15] (Citations omitted.)
On September 23, 2005, AAA was brought by her mother, BBB, to her grandmother in [XXX], Cebu. Her grandmother noticed that AAA did not have her monthly period. BBB and the grandmother brought AAA to a Health Center in [XXX] where it was known that AAA was already pregnant for five (5) months. When BBB tried to ask AAA who impregnated her, AAA would just keep her silence and say nothing.The prosecution presented the following documentary evidence: (1) Exhibit A- the Affidavit[17] of AAA; (2) Exhibit B the Affidavit[18] of BBB; (3) Exhibit B-1 - the Birth Certificate[19] of AAA; (4) Exhibit C the Medico-Legal Certificate[20] of AAA; (5) Exhibit C-1 - the results of the Anogenital Examination[21] on AAA; (6) Exhibit C-2 the Interview Sheet[22] reflecting the interview of AAA conducted at the Vicente Sotto Memorial Hospital; and (7) Exhibit D - the Psychological Evaluation Report[23] on AAA.
They then brought AAA to the Pink Room of VSMMC for medical examination where it was confirmed that AAA was indeed pregnant. AAA finally told her mother that it was Jerry Palotes whom she had sexual intercourse [with] but she cannot recall when it happened. BBB identified appellant Jerry Palotes as their neighbor who lives in front of their house. She then asked the appellant but he strongly denied it. AAA gave birth last April 5, 2006.
Dr. Naomi Poca, a resident physician at the Women and Children Protection Center of the Vicente Sotto Memorial Hospital in Cebu City, brought the medical records of the minor victim particularly the medical chart which includes the Medical Certificate, Intake Form, and Medico Legal Certificate. She interviewed the victim and her mother and together with Dr. Amadora, the OB gynecologist connected with the Center, conducted a physical examination on AAA. The medical report stated that AAA suffered a complete transection at 6 o'clock position extending to the fossa navicularis and her ano-genital examination findings are definite for blunt or penetrative trauma to the hymen. Dr. Poca noted that the transection indicates that blunt forces were applied to the hymen of the vagina and the blunt penetrating trauma applied to the hymen caused its laceration.
Dr. Rosemarie Gonato, a psychiatrist, conducted a psychological evaluation on AAA. She confirmed that AAA's mental age is equivalent to 6 to 7 years of age and places her functioning within the mild mental retardation [range].[16] (Citations omitted.)
To refute the allegations of the prosecution, the defense presented the accused Jerry C. Palotes, Marina Abella and Rose Bistes.The defense also submitted in evidence the following documents: (1) Exhibit 1 - the Counter-Affidavit[26] of the accused-appellant; (2) Exhibit 2 the Affidavit[27] of Rose Bistes; and (3) Exhibit 3 - the Affidavit[28] of Marina Abella.
Accused Jerry C. Palotes strongly denied the allegations against him and alleged that when this case was initially filed at the Office of the Barangay [YYY], [AAA] could not identify or remember who sexually abused her. She was merely prodded by her relatives to point him as the perpetrator in their desperate effort to get financial support for the child. He surmised that since the complainant gave birth to the child in April 2006, he could not have been the father of the child since he was always not in his rented house. Moreover, since he has a live-in partner, there was no opportunity for him to do the alleged act aside from the fact that he does not have any sexual desire on her because he treated her as a younger sister considering her mental condition and her being a child of tender age. Further, he heard from among the neighbors that the complainant would usually go with other people and was even seen sleeping together with a certain Junjun, a balut vendor. There are also rumors that a certain Berto, a taxi driver, who frequently visited the place, was also seen together with complainant. Since complainant is very susceptible to suggestion, she merely adopted the suggestion by some of her relatives including her mother that he [the accused] should be pointed out as the one who fathered her new born child. Furthermore, on two occasions, [he] was approached by the mother of the complainant telling him that she would not pursue the filing of the case if he promise[d] to shoulder the hospital expenses when the complainant would give birth as well as the expenses for food, milk and other needs of the child.
Marina Abella testified that she is the owner of the house rented by the accused. She also lives within said vicinity and she can attest to the fact that accused is not usually at the rented house as he was busy in his work as a janitor. She also attests to the fact that she saw [AAA] in the company of several people; children, men, women and even strangers. The charge against accused was merely a product of prodding by some of the relatives of the complainant for the purpose of getting support from accused.
Rose Bistes testified that she is one of the neighbors of the accused. She can attest to the fact that accused is known to be good in their place.[25] (Citations omitted.)
WHEREFORE, in view of the foregoing premises, judgment is rendered finding accused, GERRY C. PALOTES, GUILTY as principal beyond reasonable doubt of RAPE pursuant to Article 266-A of the Revised Penal Code, as amended, by R.A. 8353 and sentences him to an indivisible penalty of reclusion perpetua under the first paragraph of Article 266-B.The trial court ruled that the testimonies of the prosecution witnesses established the fact that AAA was not only a 14-year old minor but she had the mental abilities of an eight to nine-year old child. According to the RTC, the accused-appellant himself admitted that he treated AAA as a younger sister given her mental condition and her being a child of tender age. Likewise, Marina Abella, a witness for the defense, acknowledged that AAA was mentally deficient.
He is also ordered to pay the minor through h[er] parents the amount of FIFTY THOUSAND (Php50,000.00[)], for and as civil damages.
Costs de oficio.[34]
WHEREFORE, the appeal is DENIED for lack of merit. Accordingly, the February 10, 2011 Decision of the Regional Trial Court, Branch 14 of Cebu City is AFFIRMED subject to the MODIFICATION that the accused-appellant JERRY PALOTES is ORDERED to pay AAA, [through] her parents, the amount of Fifty Thousand Pesos (Php50,000.00) as civil indemnity plus interest of 6% per annum reckoned from the finality of this judgment until full payment thereof.[36]The Court of Appeals found that despite AAA's mental condition, she clearly identified the accused-appellant as the perpetrator of the rape and the father of her child. The appellate court posited that AAA's testimony was complete with specifics on how the accused-appellant sexually abused her. Her categorical. and consistent identification of the accused-appellant was devoid of any showing of ill motive and the same, therefore, prevailed over the latter's defenses of alibi and denial. The Court of Appeals also ruled as credible and consistent the sworn statement of AAA dated April 27, 2006, wherein she made a candid and straightforward narration of how the accused-appellant raped her. To the appellate court, AAA's mental retardation per se did not affect her credibility and the inconsistencies in AAA's testimony on collateral and minor matters were not enough to discredit the same. Moreover, AAA's assertion that the accused-appellant had sexual intercourse with her was substantially corroborated by the medical findings on her vaginal injuries.
ART. 266-A. Rape, When and How Committed. - Rape is committed -Thus, for a charge of rape to prosper under the above provision, the prosecution must prove that: (1) the offender had carnal knowledge of a woman; and (2) he accomplished such act through force, threat, or intimidation, or when she was deprived of reason or otherwise unconscious, or when she was under twelve years of age or was demented.
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise unconscious;
c. By means of fraudulent machination or grave abuse of authority;
d. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
Jurisprudence instructs that when the credibility of a witness is of primordial consideration, as in this case, the findings of the trial court, its calibration of the testimonies of the witnesses and its assessment of the probative weight thereof, as well as its conclusions anchored on said findings are accorded respect if not conclusive effect. This is because the trial court has had the unique opportunity to observe the demeanor of a witness and was in the best position to discern whether they were telling the truth. When the trial court's findings have been affirmed by the appellate court, as in the present case, said findings are generally binding upon this Court. (Citation omitted.)Furthermore, the testimony of AAA that she suffered sexual abuse was bolstered by the Medico-Legal Certificate (Exhibit C) issued by Dr. Naomi N. Poca, a physician at the Vicente Sotto Memorial Hospital in Cebu City, which revealed that AAA was in a non-virginal state and was in fact pregnant. Dr. Poca concluded that: "[a]nogenital examination findings are definite for blunt or penetrative trauma to the hymen. Pregnancy, uterine, 20-24 weeks age of gestation by fundal height."[40]
ART. 266-B. Penalties. - x x x.Since the accused-appellant's knowledge of AAA's mental condition was specifically alleged in the information, proven by the evidence of the prosecution and admitted by the accused-appellant during trial, said qualifying circumstance is applicable. Thus, the proper imposable penalty in this case is death. However, in accordance with Section 2 of Republic Act No. 9346,[55] the penalty of reclusion perpetua shall instead be imposed.x x x x x x x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:x x x x x x x x x
10) When the offender knew of the mental disability, emotional disorder and/or physical handicap of the offended party at the time of the commission of the crime.