430 Phil. 706
VITUG, J.:
“That on or about 1:00 o’clock in the early morning of November 26, 1994 at sitio Nagpuroc, San Isidro, Pandan, Catanduanes, Philippines, and within the jurisdiction of this Honorable Court, the above-accused being the stepfather by means of force and intimidation did then and there willfully, unlawfully and feloniously have a sexual intercourse with one Lina Trinidad y Bagay, a minor, 12 years old and daughter of accused’s common-law-wife, against the latter’s consent.”[1]At his arraignment, the accused pled “not guilty” to the charge; thence, trial proceeded.
The Defense –
“Physical Exam: Vulva - Abrasion, between inferior aspect of labia majora and labia minora, (L) and (R), about 0.5 cm. in length. - No bleeding, no hematoma. Hymen - with laceration at 4, 5, and 9 o’clock. “Internal Examination: Admits index finger with difficulty. “Vaginal Smear for Spermatozoa: (+) - Non-motile spermatozoa.”[2]
“WHEREFORE, in view of all the foregoing, the prosecution having proved the guilt of the accused beyond reasonable doubt of the crime of Rape as defined and penalized under Article 335 of the Revised Penal Code, in relation to Republic Act No. 7659, accused Samson Bartolome is hereby sentenced to suffer the penalty of DEATH to be executed at a date to be set and in the manner provided for by law and to indemnify Lina Trinidad the amount of Fifty Thousand (P50,000.00) Pesos.”[3]In this automatic review of his case, the death penalty having been imposed, the accused claims that -
The Court, in fine, is confronted with the question of whom to believe – the word of the complainant or that of the accused. The process of ferreting the truth from the conflicting claims of witnesses becomes even more tedious than usual in crimes of rape for it is only the accused and the complainant who normally can give the decisive testimony on the case. Obviously, the task falls squarely on the trial court which must come face to face with the witnesses and observe their demeanor at the stand.[5] It stands to reason that great reliance is placed by the appellate court on the assessment made by the trial court on the credibility of the witness. This case is no exception for, carefully going through the records, the Court finds no cogent reason to make it depart from the rule.“I
“THE TRIAL COURT HAS ERRED IN NOT ABSOLVING AND EXCULPATING ACCUSED-APPELLANT SAMSON BARTOLOME OF THE SERIOUS CRIME CHARGED CONSIDERING THE PRESENCE OF REASONABLE DOUBT IN HIS FAVOR.“II
“THE REGIONAL TRIAL COURT HAS COMMITTED A GRAVE ERROR IN IMPOSING THE SUPREME PENALTY OF DEATH ON THE ACCUSED-APPELLANT DISREGARDING RECENT AND PERTINENT JURISPRUDENCES ON THE MATTER.”[4]
Indeed, between the categorical statements of Lina, on the one hand, and the bare alibi of appellant, on the other hand, there hardly is any contest. Alibi, a self-serving negative evidence, is inherently a weak defense, and it can be no match to the positive declaration of a witness who is not shown to have such a compelling ill-motive as to brazenly point an accusing finger at a blameless person. It would be difficult to imagine a young girl, without being borne with unchaste inklings, to fabricate, without reason, the charge of rape, set herself up to embarrassment and put to serious jeopardy the life or liberty of an innocent man.
“Q Specifically sometime on November 25, 1994, do you recall of an incident that happened to you in your house?“A Yes, sir.“Q Please tell the Court.“A On November 25, 1994, I was in Langob, San Isidro, Pandan, Catanduanes and he (witness pointing to somebody inside the courtroom) . . .“Q Who was the person you are referring to?“A Samson Bartolome.“Q What happened?“A In the evening, he arrived in our house and he was very very drunk.“Q Why was Samson Bartolome in your house?“A Because he goes home to our house.“Q Why is he staying in your house?“A He is the husband of my mother. He is my stepfather.“x x x x x x x x x “Q When he arrived in your house, what happened next?“A He knocked at the door, and I opened it for him. I prepared some food for him and he ate.“Q After taking his supper, what happened next?“A He slept by the door while I took my supper and after that, I started reading something.“Q After reading, what happened next?“A When I got sleepy, I went to sleep and I noticed later on that he was lying down beside me.“Q What happened next when you noticed that he was already beside you?“A I was about to transfer to another place because we were only under one mosquito net but I was not allowed to leave.“Q In your estimate, what time was it?“A About 11:00 o’clock in the evening.“Q What happened when he prevented you from transferring to another place?“A Then he kept on embracing me and at the same time undressing me and sucking my nipples.“Q What did you do when he was at the act of sucking your nipples?“A I kept on crying and said I don’t want it Papa.“Q When you uttered those words, what else did he do, if any?“A Then he said, `where is the Batangas knife, I am going to cut off your tongue.’“Q After uttering those words, what happened next?“A And then he told me, `Stop crying, you can do it.’“Q After uttering those words, what else did he do, if any?“A Then he asked me where my mother was and I told him she was in Virac.“Q After you told him that your mother was in Virac, what did you do?“A Then, I told him I don’t want it because I might get pregnant. But he told me that just in case I might get pregnant, we will have it removed.“Q After that, what happened next?“A I kept on crying but he said, `where is the Batangas knife, I am going to cut off your tongue.’“PROS. MORES “Q After telling you that, what else did he do?“A He removed my panty.“Q After removing your panty, what happened next?“A He raped me.“Q How did he rape you?“PROS. MORES May I beg the kind indulgence of the Honorable Court. At this stage, the complainant is crying as she recalls what happened to her during that evening in their house.“A He inserted his penis into my vagina.“Q What did you feel when you noticed his male organ was inserted into your vagina?“A It is painful.“Q After that, what happened next?“A After that, I thought of leaving, but he would not allow me.“Q Then, what happened next when he was preventing you from leaving?“A I was not able to leave that evening, but in the morning I was able to do so.”[6]