461 Phil. 563
PANGANIBAN, J.:
"WHEREFORE, this Court finds the accused Felix Montes y Nallos guilty beyond reasonable doubt of THREE (3) COUNTS OF RAPE DEFINED AND PENALIZED UNDER ARTICLE 335 OF THE REVISED PENAL CODE, AND HEREBY SENTENCES HIM TO SUFFER THE PENALTY OF THREE (3) RECLUSION PERPETUA."The Court hereby orders the accused to indemnify the victim, Analyn P. Mendez, the amount of FIFTY THOUSAND PESOS (P50,000.00) as civil indemnity and FIFTY THOUSAND PESOS (P50,000.00) as moral damages for each count of rape."[2]
When arraigned on November 27, 1995,[7] appellant, assisted by his counsel de oficio,[8] pleaded not guilty. After trial in due course, the court a quo rendered the assailed Decision.Criminal Case No. 95-698
"That on or about the 17th day of October 1995, in the Municipality of Parañaque, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant Analyn P. Mendez, a minor, 12 years of age, against her will." [4]Criminal Case No. 95-699
"That on or about the 18th day of October 1995, in the Municipality of Parañaque, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant Analyn P. Mendez, a minor, 12 years of age, against her will." [5]Criminal Case No. 95-700
"That on or about the 19th day of October 1995, in the Municipality of Parañaque, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have carnal knowledge of the complainant Analyn P. Mendez, a minor, 12 years of age, against her will." [6]
"On October 17, 1995, about 6 o'clock in the morning, twelve-year[-]old Analyn P. Mendez [hereinafter, private complainant] was in their house in Yellowbell Street, UPS IV, Parañaque, Metro Manila, cleaning their house. After doing her chore, [private complainant] and her sister, Ronalyn Mendez, went out of their house to fetch water.
"Outside their house, the two (2) sisters met appellant who was their neighbor. Appellant summoned [private complainant] to buy `pandesal'; hence, she did not go with Ronalyn x x x anymore.
"After buying `pandesal,' [private complainant] borrowed from appellant his bicycle in his vulcanizing shop fronting his house. Using the bicycle, [private complainant] went to the place where they [usually go to] to fetch water to check if it was their turn to get water.
"Afterwards, [private complainant] returned to their house. Upon reaching the front of their house, Ronalyn x x x borrowed the bicycle from her[,] to which [private complainant] acceded. Then, Ronalyn x x x headed towards the place where they [fetch] water. [Private complainant] was left behind waiting for Ronalyn x x x to return.
"While [private complainant] was waiting for Ronalyn x x x in front of their house, appellant called her to wash the dishes inside his house.
"When [private complainant] was washing the dishes, appellant went outside his house. After washing the dishes, [private complainant] wanted to go outside appellant's house. However, she was not able to do so because the door was locked. [Private complainant] kept on trying to open the door but failed. Just as she was trying to open the door again, she heard appellant behind the door about to get in. Consequently, [private complainant] said: `Buksan mo ito.' Appellant opened the door but he did not let [private complainant] go out. Instead, he gave [private complainant] a glass of [C]oca-[C]ola and `pandesal.' After finishing the food which appellant gave her, [private complainant] was not allowed by appellant to go out of his house.
"Thereafter, appellant went inside his kitchen. Before doing so, he told [private complainant] to stay because he was going to give her something. When he returned from the kitchen, appellant was already holding a foot-long knife. [He then] pointed the knife at [private complainant] and warned her not to shout; otherwise, he would kill her. He ordered [private complainant] to transfer the chair near the table inside his room and [private complainant] obeyed. After that, appellant went inside his room and ordered [private complainant] to lie down on his bed. [Private complainant] refused to lie down. At this juncture, somebody from the outside called appellant. Appellant consequently peeped through the door to look [at] who was calling. When appellant peeped through the door, he was only two (2) arms length away from [private complainant]. [Private complainant] tried to escape by heading towards the kitchen because there was an opening leading outside. However, appellant was able to hold her arm and ordered her to go back to his room.
"Inside the room, appellant undressed [private complainant]. While appellant was undressing her, [private complainant] kept on saying: `Ayaw ko.' Appellant told her that if she would not follow him, he would stab her. After removing [private complainant's] dress and short pants, appellant ordered her to lie down. Appellant was holding the knife when he ordered [private complainant] to lie down. Appellant then inserted his organ into [private complainant's] organ. [Private complainant] felt pain when appellant inserted his penis inside her vagina.
"While appellant was doing the dastardly acts, somebody from the outside called appellant. The person who called appellant wanted to have a vulcanizing service. Immediately, appellant dressed up and went outside his house. Before he went out, he locked the door of his room; hence, [private complainant] was not able to get out.
"Subsequently, [private complainant] heard her sister Ronalyn x x x ask appellant if [private complainant] was inside his [appellant's] house. Appellant replied in the negative. [Private complainant] was afraid to shout because she was reminded of the knife which appellant placed on top of the table near appellant's room.
"When appellant returned, he tied [private complainant's] hands and feet with a cord[,] x x x [a] half centimeter in diameter.
"On the night of October 18, 1995, or the following night, appellant again raped [private complainant]. Before he raped her, he untied [private complainant]. After untying her, he undressed her and made her lie down. Immediately thereafter, appellant went on top of her and inserted his penis inside her vagina. [Private complainant] again felt pain. Appellant was likewise armed with a knife at that time.
"In the early morning of October 19, 1995, appellant again raped [private complainant]. She testified that appellant again tied her after the second rape. Appellant untied her before raping her for the third time. On the third assault, appellant again undressed her. After undressing her, appellant put her to bed, went on top of her and then inserted his penis inside her vagina. [Private complainant] felt pain all over her body after appellant raped her.
"Thereafter, [private complainant] asked appellant to let her go because her mother would be looking for her. Appellant replied that he would release her later. He also told [private complainant] that he would give her the amount of P50.00.
"About 6:30 a.m. of that day, appellant finally allowed [private complainant] to leave using the back door. Before [private complainant] left appellant's house, appellant gave her P50.00 and told her not to immediately go home. He told her to go to the YP at the Uniwide to buy food and give some to her siblings.
"[Private complainant] proceeded to the Uniwide. She stayed there until 5 o'clock in the afternoon roaming around. She was afraid to go home because she thought that her mother might whip her.
"About 5 o'clock in the afternoon, [private complainant] went home. When she arrived at their house, she saw her parents who told her that appellant would be put to jail because her dress was seen inside appellant's house. [Private complainant] did not tell her parents about the horrifying experience she had undergone because she was scared that her parents might punish her.
"Eventually, [private complainant], together with her mother, went to the Barangay Hall and reported to the barangay officials what appellant did to her. Thereafter, [private complainant] executed her statement before the police."[10]
"Accused, Felix [Montes], who is a driver by occupation, testified that the victim and her family are his neighbors for quite a number of years. The victim's family collects garbage. x x x [Upon her mother's orders], the victim x x x collect[s] [his] garbage, and by reason thereof, he gives her money from time to time.
"On October 17, 1995, at about 10:30 in the morning, while he was preparing to drive some of the school children waiting in front of his house, two (2) policemen arrived, held his arm, brought him inside his room and searched his whole house. He asked for the reason [for] his arrest but was not given an answer. When they were about to go out, the victim's mother went inside the comfort room of the house, found the victim's clothes and brought it out. Accused touched the victim's clothes, allegedly retrieved from his bathroom, and realized that [they were] still damp.
"He was brought to the police station in Bicutan, where he was detained from October 17, 1995 to October 23, 1995 without any charges being filed against him. He only came to know of the rape charge against him, when the barangay officials brought the victim and her mother to the police station on October 21,1995. The victim and her mother executed their sworn statements. Thereafter, he was transferred to the Parañaque City Jail.
"Accused denies culpability of the crime, and that the victim told him that the accusation was made only to extort money from him and to reimburse the barangay officials who were helping the family in their living expenses.
"The victim's mother, Evelyn Mendez, was presented to testify on the due execution and authenticity of her signature in the Affidavit of Desistance which was executed on June 3, 1996."[12]
"The Court a quo erred in finding the accused-appellant guilty beyond reasonable doubt of the crime of rape."[15]
"Atty. Mergas: | ||
Q | Then you said that the accused pointed [a] knife [at you] in the sala. How long is this knife? | |
Witness A. Mendez: | ||
A | Ganyan lang po. | |
Prosecutor Garcia: | ||
Witness making a demonstration. [I] invite the attention of the counsel for stipulation as to the demonstration made by the witness. | ||
COURT: | ||
All right, you stipulate on the size of the knife. | ||
Prosecutor Garcia: | ||
More or less a foot long? | ||
Atty. Mergas: | ||
More or less. | ||
Court: | ||
All right. | ||
Atty. Mergas: | ||
Q | Why did you not shout when the accused pointed x x x the knife [at you]? | |
A | Pag magsigaw daw po ako, papatayin niya ako.[22] | |
x x x x x x x x x | ||
Atty. Mergas: | ||
Q | Madam Witness, last hearing, you testified that after the accused x x x raped you, he tied your hands, is that correct? | |
A | Opo. | |
Q | What did the accused use in tying your hands? | |
A | Lubid po. | |
Atty. Mergas: | ||
Q | How long was that rope, lubid? | |
Witness A. Mendez: | ||
(Demonstrating the length) | ||
Court: | ||
Could you stipulate, the prosecution and the defense, on the length of the rope used in tying... | ||
Prosecutor Garcia: | ||
Three to four. | ||
Atty. Mergas: | ||
More or less, a meter. | ||
Q | And the diameter of the rope? | |
Prosecutor Garcia: | ||
Witness pointing to an electrical cord with the diameter of one centimeter. | ||
Atty. Mergas: | ||
One centimeter, Your Honor, more or less. | ||
Court: | ||
More or less one centimeter? | ||
All right, proceed. | ||
Atty. Mergas: | ||
Q | How many loops did the accused make in tying you? | |
Prosecutor Garcia: | ||
Your Honor, we have to object because the question is, I think, vague. Your Honor please, as stated by the witness, she was tied on her feet and hands, so x x x is the counsel referring to x x x the number of loops x x x [on] the hand or [on] the feet? | ||
Atty. Mergas: | ||
I am referring to the hand, Your Honor. | ||
Witness A. Mendez: | ||
A | Apat po. | |
Atty. Mergas: | ||
Q | So, your hands were tied by the accused in what place of the house? | |
A | Sa may kama po. | |
Q | Only your hands? | |
A | Hindi po. | |
Q | What else? The accused also tied your neck, is that correct? | |
A | Hindi po. | |
Q | Your body? | |
A | Hindi rin po. | |
Q | Your head? | |
A | Hindi rin po. | |
Q | Then, only your hand? | |
A | Pati po paa. | |
Q | Then, what did the accused use in tying your feet? | |
A | Lubid din po. | |
Q | How long [wa]s that lubid or rope [used] in tying your feet? | |
Prosecutor Garcia: | ||
Witness demonstrating the length of the rope that was allegedly used in tying her feet to be around two feet. | ||
Atty. Mergas: | ||
More or less two feet. | ||
Court: | ||
So, more or less, two feet, the rope used in tying her feet. | ||
Atty. Mergas: | ||
Q | But the accused did not harm you, correct? | |
A | Hindi po. | |
Q | As a matter of fact, he did not use anything in closing your mouth? | |
A | Damit lang po. | |
Q | How did the accused close your mouth? | |
A | Nilagyan po ng damit. | |
Q | What kind of cloth? | |
A | Kulay puti na damit. | |
Q | Then, after the accused tied you on the hand and the feet, and on the mouth, he left the house? | |
A | Hindi po.[23] | |
x x x x x x x x x | ||
Atty. Mergas: | ||
Q | When the accused raped you [for] the second time, your hands, feet and your mouth were tied? | |
A | Hindi po. Iyong pagkatapos niya po saka niya ako tinalian uli. | |
Q | You said the accused went out of the house. What time did he return? | |
A | Saglit lang po siya. | |
Q | Then, what did the accused do? | |
A | Sinarado niya po iyong gate. | |
Q | What gate? | |
A | Sa may vulcanizing po. | |
Q | Then he went inside the house? | |
A | Opo. | |
Q | Then he raped you again? | |
A | Hindi na po. | |
Q | The[n] he slept besides you? | |
A | Hindi po. | |
Q | Where did the accused sleep? | |
A | Sa kama po. | |
Q | How about you? | |
A | Sa may tabi po ng kama. | |
Q | Under the bed or on the bed? | |
A | Sa sahig po. | |
Q | When you slept near the back of the bed, the accused removed the tie of your hands, your feet, and your mouth, is that correct? | |
A | Hindi po."[24] |
"Atty. Mergas: | ||
Q | Why did you not shout when the accused pointed x x x the knife [at you]? | |
| A | Pag magsigaw daw po ako, papatayin niya ako. |
| | |
| Q | Then what happened? |
| A | Sabi niya po pumunta lang ako sa may mesa. |
| | |
| Q | Where is this mesa or this table located? |
| A | Doon lang po sa may katabi ng kuwarto niya. Dingding lang po ang pagitan. |
| | |
| Q | What did you do at the table? |
| A | Sabi niya po ipasok ko raw `yong upuan doon sa loob ng kuwarto. |
| | |
| Q | By the way, did you go [to] the table? |
| A | Opo. |
| | |
| Q | What did you do there at the table? |
| A | Hindi, upuan po. |
| | |
| Q | Now, which is which, table or chair? |
| A | Upuan. |
| | |
| Q | So, where is your chair located? |
| A | Sa may katabi po ng mesa. |
| | |
| Q | What did you do with the chair? |
| A | Nilagay ko po doon sa loob ng kuwarto. |
| | |
| Q | Why did you place it inside the room? |
| | |
| Prosecutor Garcia: | |
| | Already answered, there was an order. Allegedly she was ordered by the accused to bring that chair inside the room. |
| | |
| Court: | |
| | All right, proceed to another matter. |
| | |
| Atty. Mergas: | |
| Q | Where was the accused at the time when you brought the chair inside the room? |
| A | Nandoon po sa may sala set. |
| | |
| Q | And at that time, the accused [was] no longer point[ing] the knife at you, is that correct? |
| A | Hindi na po. |
| | |
| Q | Then while you were inside the room and the accused was at the sala, there was a noise outside, is that correct? |
| A | Wala na po. |
| | |
| Q | But there was a person calling for `tatang,' is that correct? |
| A | Wala po. |
| | |
| Q | But there was a customer in the vulcanizing, is that correct? |
| | |
| Prosecutor Garcia: | |
| | Objection, Your Honor. |
| | |
| Witness A. Mendez: | |
| A | Wala po. |
| | |
| Prosecutor Garcia: | |
| | Already answered, I withdraw my objection. |
| | |
| Court: | |
| | What was the answer? |
| | |
| Witness A. Mendez: | |
| A | Wala po. |
| | |
| Atty. Mergas: | |
| Q | While you said the accused was in the sala and you were in the room, why did you not shout when you were in the room of the accused? |
| A | Natatakot po kasi ako. [34] |
| | |
| x x x x x x x x x | |
| | |
| Atty. Mergas: | |
| Q | Madam Witness, you said that someone called the accused and he peeped at the door. Did you see the person who called the accused? |
| A | Hindi po. |
| | |
| Q | Then how far were you from the accused when the accused peeped at the door? |
| A | Malapit lang po. |
| | |
| Q | An arm['s] length? |
| A | Dalawa po. |
| | |
| Q | When the accused peeped at the door, why did you not shout? |
| A | Natatakot nga po ako eh! |
| | |
| Q | And after that incident, what happened? |
| A | Sinaraduhan niya po `yong pinto. |
| | |
| Q | And where did you go after that? |
| A | Lalabas po sana ako doon sa may kusina kaso lang hinawakan naman po niya yong braso ko. |
| | |
| Q | You said you wanted to go out [through] the kitchen, you mean to say there is a door in the kitchen? |
| A | Hindi po, `yong nasira lang pong pader. |
| | |
| Q | So, there is an exit at the kitchen, is that correct? |
| A | Opo. |
| | |
| Q | When the accused held your arm, what happened? |
| A | Pinasok niya na po ako sa kuwarto niya. |
| | |
| Q | And you were not shouting at that time? |
| A | Hindi po kasi may hawak siyang kutsilyo. |
| | |
| Q | Then what happened? |
| A | Pinasok niya na po ako doon sa kuwarto. |
| | |
| Q | After the accused brought you inside the room, what happened? |
| A | Hinubaran niya na po ako. |
| | |
| Q | You did not do anything while the accused was undressing you, Madam Witness? |
| A | Sabi ko po, 'Ayaw ko.' |
| | |
| Q | Aside from saying 'ayaw ko', what did you do? |
| A | Sabi niya `pag hindi ko raw po siya sinunod sasaksakin niya na po ako. |
| | |
| Q | So, you were the one who undressed yourself? |
| | |
| Prosecutor Garcia: | |
| | Objection, Your Honor please, that is misleading. As testified by the witness, 'Hinubaran niya po ako.' |
| | |
| Court: | |
| | Misleading, objection is sustained. |
| | |
| Q | How did the accused undress you, Madam Witness? |
| A | Hinubaran po. |
| | |
| Q | By the way, what [did] you wear at that time? |
| A | [A pair of] [s]hort[s]. |
| | |
| Q | And what did the accused first took out from your body? |
| A | Damit po. |
| | |
| Q | Then after that, what happened? |
| A | Short[s] po. |
| | |
| Q | Then? |
| A | Pinahiga niya po ako sa kama. |
| | |
| Q | Then the accused raped you? |
| A | Opo. |
| | |
| Q | And why did you not shout while the accused was raping you? |
| A | May hawak siyang kutsilyo eh! pa'no ako makakasigaw. |
| | |
| Q | How did the accused rape you? |
| A | Pinasok niya po `yong ari niya sa ari ko po. |
| | |
| Q | You said that the accused forced you to lie down on the bed. The accused was then standing, is that correct? |
| A | Opo. |
| | |
| Q | Immediately after the accused removed your dress and your short[s], he raped you, is that correct? |
| A | Opo."[35] |