365 Phil. 654
GONZAGA-REYES, J.:
"The undersigned upon a sworn complaint originally filed by the private offended parties, accuses LORENZO ANDAYA Y DOE of the crime of RAPE defined and penalized under Art. 335 of the Revised Penal Code, committed as follows:Nelly Solano is a seventeen-year old barrio lass who lives with her father, Domingo Solano, her mother and her brother Mario in a 6 x 7 meter house with one bedroom in barangay Libmanan, Camarines Sur. Sometime in 1994, Lorenzo Andaya requested Domingo Solano to be allowed to stay with the family; Domingo Solano consented although Lorenzo was a total stranger. Lorenzo stayed with the Solanos as a "transient resident" for almost one (1) year.[2]
"That on or about the 25th day of July 1994 at around 10:00 o'clock in the morning and several days thereafter, in Barangay Bagumbayan, Municipality of Libmanan, Province of Camarines Sur, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, with grave abuse of confidence, and taking advantage of the mental disorder of herein victim NELLY SOLANO, did then there willfully, unlawfully and feloniously have carnal knowledge to said victim, a 17 years of age, against her will and consent, and to her damage and prejudice.
ACTS CONTRARY TO LAW."[1]
"Patient claims to have been raped 3 x with 2nd incident occurring next day in the next afternoon with 3rd incident occurring several days (?) later at an unrecalled time.Dr. Liza Salvador, an obstetrician-gynecologist, testified to explain the above findings of Dr. Berina who was no longer connected with the hospital. Dr. Salvador stated that there were old hymenal tears, 3 o'clock and 9 o'clock positions and the cervix had no lesion and there was no old scar. "Positive Hagar's sign" as stated in the medical certificate means that there were changes in the shape and size of the uterus; cervix was virginal and soft and the uterus enlarged, indicating that the patient was pregnant two or three months.[8] Nelly gave birth to a baby girl who was named Nerissa while the trial was going on and before she testified on October 5, 1995. Asked who the father of the child was, she answered "Inso is the father"[9] and pointed to him in court.[10]
1) Old hymenal tear at 3:00 o'clock
2) Old hymenal tear at 9:00 o'clock
3) On speculum examination, admits speculum (small) with ease
Cx: Positive Hegar's sign, nulliparous
4) On I. E., admits tactating fingers (#2) with ease
Cx: soft, non-tender
Uterus enlarged to about 2-3 months size
Barring complications and under normal conditions the above lesions may require medical attendance from 6 months to 7 months."[7]
"BACKGROUND HISTORY:On direct examination, Dr. Belmonte admitted that no psychiatric treatment is necessary for Nelly Solano; what she needs is a special type of education. Nelly is a "mental retardate", with a level of moderate mental retardation, i.e., this person can study until grade 3, but will never progress after that; she needs a lot of supervision with simple tasks, has difficulty in holding a job, or even riding public transport or relating to people.[12]
This client was brought by her brother-in-law Mr. Jesus Opinion in compliance with the court order by Judge Bagalasca.
According to him, he has known the client for almost 15 years now. Since that time Nelly has been noted to be dull mentally. She was able to reach grade I only due to this problem. She is describe further to be always withdrawn seclusive, although generally behave and compliant. She is obedient but at times also throws temper tantrums despite her present age. At home, she could only be made to do very simple household chores. She needs lots of supervision in any given task. She could not be send to errands especially when money matters are concerned. She could not ride in public transport vehicle without companion.
MENTAL STATUS EXAMINATION:
She was seen and evaluated on August 10, 17, 31 and September 7, 1995. She looks small for her chronological age of 18 but her physical features are that of an adult. She has sogged engrossed breast and pole dry skin. She is generally behave and manageable. She speaks in a soft but audible voice. She has a very limited production but she is coherent and relevant. She refused to elaborate even when prodded.
She made mention about the rape incident. She said it was done to her by "Inso" for about 4 times. She can't give specific dates and details. She is intellectually dull as evidence by her poor fund of general knowledge, poor comprehensive capability and concrete thinking. Her orientation to time, place and person is also impaired. She has very limited insight about her condition and her judgment is also impaired.
PSYCHOLOGICAL TESTING RESULT:
Tests Administered:
Revised Beta Examination
Bender Visual Motor Gestalt Test
Draw-A-Person Test
House-Tree-Person Test
Tests Results and Evaluation:
Subject obtained an I. Q. of 31, classified as moderate mental retardation. All sub-test scores indicate a very low level of mental capacities. Projective tests project psychotic features.
REMARKS AND RECOMMENDATION
On the basis of the foregoing findings, the alleged victim NELLY SOLANO was found to be suffering from MODERATE MENTAL RETARDATION. Her mental age is estimated to be 5 to 9 years old of age. She has some depressive features.
In terms of her competency to stand witness in her behalf, it is the opinion of the undersigned that since she has the capacity to delineate truth from fantasy and she has the capacity to relate her story despite the level of her intellectual I. Q., then she can be considered competent to stand witness in her behalf. It is also suggested to the honorable court that questions be done in simple, direct and concrete manner for her to be able to comprehend easily the court proceedings."[11]
"The Court is morally convinced that the accused LORENZO ANDAYA Y FLORES, is GUILTY beyond reasonable doubt of the crime of RAPE, as defined and penalized under Article 335(3) of the Revised Penal Code, and he is hereby sentenced to suffer the maximum penalty of DEATH. He is directed to indemnify the offended party in the amount of Fifty Thousand Pesos (P50,000.00) as moral damages, and Fifty Thousand Pesos (P50,000.00) as exemplary damages and to acknowledge his offspring, NERISSA SOLANO, with the offended party."[16]Accused Lorenzo Andaya raises a lone assignment of error in his Appellant's Brief:
THE COURT A QUO ERRED IN NOT CONSIDERING THE FACT THAT THE ALLEGED VICTIM VOLUNTARILY SUBMITTED TO THE SEXUAL ACTS AND THAT HER MENTAL AGE OF "MODERATE RETARDATION" CANNOT BE LOWER THAN THAT OF A TWELVE-YEAR OLD CHILD BASED ON THE FINDINGS OF THE PSYCHIATRIST, THUS NEGATING THE COMMISSION OF RAPE."After a careful examination of the evidence on record, we affirm the judgment finding accused-appellant guilty of rape.
We find no cogent basis to disturb the trial court's finding that Lorenzo Andaya raped Nelly Solano, the veracity and truthfulness of whose narration was found to be credible, and not shown to be rehearsed or dictated by a vengeful parent despite Nelly's difficulty in explaining and the minor inconsistencies in her testimony. Needless to state, the assessment of the credibility of witnesses and their testimonies is a matter best undertaken by the trial court because of its unique opportunity to observe the witnesses firsthand, and to note their demeanor, conduct and attitude under grilling examination. The trial court's findings carry great weight and respect and will be sustained by the appellate courts unless the trial court overlooked, misunderstood, or misapplied some facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case.[21] In the instant case, we see no compelling reason to depart from this established rule.
"Q: Tell us how did it happen that Lorenzo Andaya, whom you called Inso, is the father of your daughter Nerissa Solano?ATTY. BORJA: May we request that the interpreter should ask the witness if she understand the question. (The interpreter asked the witness and again translated the question.)
A: "Kinastahan po niya ako, kinikito niya ako." ATTY. BORJA: The last portion means that he has having sex with me. COURT: We place on record that "Kinastahan po niya ako", is a bicol slang word of having sexual intercourse. PROSECUTOR SOLANO: But the connotation here is with force. COURT: Yes, kasta is with force. ATTY. BORJA: Just have that made of record, but the last part, we interpret it. COURT:
Make of record the manifestation of both counsel that "kasta" according to Prosecutor Solano it is with force but Atty. Borja do not agree with that interpretation but "kinikito niya ako ís having sex with her.PROSECUTOR SOLANO:
Q: Tell us how many times, if you can still recall, that the accused "kinastahan ka"? A: I do not recall, Sir. Q: Could it be five times? A: May be, Sir. Q: Can you tell us when was that, if you can still recall, that the accused in this case "kinastahan ka" for the first time? A: When my parents are in the market, he would come to me. ATTY. BORJA: Your Honor please, I move that the testimony be stricken out of the record for not being responsive to the question because the question is when was the first time?COURT: Go on with that question but the answer be recorded. Q: When was the first time na kinastahan ka? A: That was a long ago, Sir. Q: Could it be July 25, 1994? A: Yes sir. Q: Tell us or show us how the accused "kinastahan ka"? A: If I do not submit to him for sexual intercourse, he would kill me. Q: Tell us, how did the accused do it to you as you said "kinastahan ka" after the accused said that he will kill you if you will not give in to his demand or request to "kasta saimo"?A: He pulled me. Q: After pulling you, tell us what happened next? A: Then he had sexual intercourse with me. COURT:
Where did he pull you? A: He pulled me inside. PROSECUTOR SOLANO: Q: Inside what? A: Inside the house. Q: Tell us if this "pagkasta saimo" or the accused having sexual intercourse with you is with your consent? ATTY. BORJA: Very much leading, Your Honor. COURT: Witness may answer. According to the doctor who testified before, she should be asked questions that are direct, simple and short.A: No sir."[18] and on cross-examination: "Q: And what time does he usually return home? A: Whenever my father is not around, when he is in the market, Inso comes back to the house. Q: And what does Inso do in your house when he comes back to your house? A: "Na rape sakuya". He raped me. Q: I would request Your Honor that the word "Na rape" be made of record as testified to by the witness. By the way, did you ever go to school? A: Yes sir. Grade I. Q: Where did you study? A: Fundado. Q: When you said when your father left the house, Inso would return to you and raped you. Now, how did you come to know the word "rape"?A: "Kito". (Witness answered in Bicol dialect.) Q: From whom did you learn the word "rape"? A: None, sir. Q: Did you hear that word from anybody else? A: Yes, sir. Q: From whom did you learn the word "rape"? A: "Basta sa tao" or from a person. Q: Did you understand the word "rape"? A: Yes, sir. Sexual intercourse. Q: What? How do you understand? COURT: Is it not she answered already "kito" or sexual intercourse."[19]
Asked who the father was, Nelly pointed to the accused in court.[20]
The crime alleged in the criminal complaint is rape by means of force and intimidation and taking advantage of the mental disorder of the victim. Sexual intercourse with a woman who is a mental retardate with the mental age of a child below 12 years old constitutes statutory rape, which does not require proof that the accused used force and intimidation in having carnal knowledge of the victim for conviction.[31] The penalty for statutory rape is reclusion perpetua, which being a single indivisible penalty, is imposable regardless of any mitigating or aggravating circumstances that may have attended the commission of the deed.[32]The crime of rape shall be punished by reclusion perpetua.
- By using force or intimidation;
- When the woman is deprived of reason or otherwise unconscious; and
- When the woman is under twelve years of age or is demented.
Whenever the crime of rape is committed with the use of a deadly weapon or by two or more persons, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, the victim has become insane, the penalty shall be death.
When the rape is attempted or frustrated and a homicide is committed by reason or on the occasion thereof, the penalty shall be reclusion perpetua to death.
When by reason or on the occasion of the rape, a homicide is committed, the penalty shall be death.