453 Phil. 317
PUNO, J.:
That on or about the 5th day of May 1996 at sitio Kalian, Barangay Bagsangan, municipality of Irosin, province of Sorsogon, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there, wilfully, unlawfully and feloniously had (sic) carnal knowledge of one AAA, against her will and without her consent, to her damage and prejudice.CONTRARY TO LAW.
Prosecution witness, Myra Gobres, corroborated the testimony of AAA that the latter visited her at her house in Monbon, Irosin, Sorsogon on May 26, 1996. She and her husband were then having their siesta. AAA was crying and asked them to hide her because she could no longer bear her deflorations in the hands of her stepfather.[9]
CROSS-EXAMINATION BY ATTY. ARRIESGADO:[8] q - Madam witness, you have stated that you had been raped by your stepfather several times before and until May 5, 1996, do I get you right?a - Yes. q - And will you please tell the honorable court that you get (sic) pregnant when your stepfather had raped you?a - Yes, sir. q - Will you please tell this hon. court when did you deliver that baby which was conceived by your stepfather? a - May 9, 1995. q - Do we understand from you that before May 1995 you have (sic) frequent sexual intercourse with your stepfather, do I get you right?a - Yes.
q - And those sexual intercourse you first associate you have been forced to have sexual intercourse and then the succeeding sexual intercourse there was no force anymore, do I get you right?a - No, that is not true. q - Will you please tell this hon. court how frequent that sexual intercourse occurs (sic) previous to May 1995?a - In one week time sometimes three times. q - And when you became pregnant that is one month or three months old, do you have also an occasion to have sexual intercourse with your stepfather?a - Yes. q - Did your mother notice when you became pregnant? a - Yes, sir. q - What did your mother do? a - She just have me drink one glass of a very bitter herbal medicine. q - And what happened when you took the herbal medicine? a - Then after that I was told to take cortal tablets. q - And you took those herbal medicine & cortal tablets? a - I don't want to take those cortal tablets but she forced me.
q - It was your mother who forced you to take the herbal medicine and the cortal tablets? a - My mother and stepfather the two of them. x x x x x x x x xQUESTION BY THE COURT: q - Where is the child now? a - Dead already. Atty. Arriesgado: q - Please tell this hon. court how old that child? a - After it was delivered after a few minutes he died. Court: Put on record that the witness is crying.
Dr. Tagum testified that the multiple lacerations could be caused by sexual intercourse, as well as the insertion of the finger or an instrument.
INTERNAL EXAMINATION: - Multiple old hymenal lacerations at 1, 4, 5, 7, 9 & 10 o' clock positions - Vagina admits 2 fingers with ease - Cervix closed, no vaginal bleeding Microscopic Findings: - Negative for spermatozoa
THE REGIONAL TRIAL COURT OF IROSIN, SORSOGON (BRANCH 55) HAS COMMITTED AN ERROR IN NOT ABSOLVING AND FREEING THE ACCUSED-APPELLANT OF THE SERIOUS CRIME CHARGED DUE TO PRESENCE OF REASONABLE DOUBT.We find no reason to doubt the testimony of AAA. As the trial court ruled, AAA's declaration[11] before the police investigator of PNP-Irosin, her narration[12] in the course of the preliminary examination conducted by the presiding judge of MTC Irosin, and her testimony in open court during the trial were consistent in substance. She was unwavering in her claim that she was raped by the appellant, her mother's common-law husband. The trial court found her to be a credible witness, without any ill-motive to lie, her testimony clear, candid and straightforward.
The law governing the instant case is Section 11 of Republic Act No. 7659 (AN ACT TO IMPOSE THE DEATH PENALTY ON CERTAIN HEINOUS CRIMES, AMENDING FOR THAT PURPOSE THE REVISED PENAL LAWS, AS AMENDED, OTHER SPECIAL PENAL LAWS, AND FOR OTHER PURPOSES), amending Art. 335 of the Revised Penal Code, to wit:
CROSS EXAMINATION BY PROS. PURA:[14] q - So Mr. Witness when you testified that you are cohabiting with the mother of AAA, you are now contradicting your previous testimony that you have no relation to the mother of AAA because as you said you have relation with AAA?a - We live together in the same house. q - But you recall your testimony that it was AAA to whom you have a relationship and not to her mother? a - Yes, the witness nod. (sic) q - In fact you stated at that time when you testified before this court that you met AAA in Masbate and that she went to Kalian alone and left her mother and siblings?a - Yes. q - But now you are telling us that it was really you and the mother of AAA which (sic) has (sic) a relationship sexually? (sic)a - Yes, sir. x x x x x x x x xq - And how many children do you have with the mother of AAA? a - Four. q - But you will recall telling the court that you have never have (sic) a child with the mother of AAA because you have no relation.a - Yes, I remember that. q - And you remember telling that to the court? a - Yes.
q - And now you are again telling us a different story? a - She is really my former live-in partner. Pros. Pura: That's all.
Section 11. Article 335 of the same Code is hereby amended to read as follows:The prosecution, principally through AAA's testimony, has clearly established that on May 5, 1996 the appellant forced himself on AAA who was then barely fifteen (15) years old. He threatened her with bodily harm, with a bolo at his side while having carnal knowledge with her. The trial court correctly imposed on him the penalty of reclusion perpetua as the Information against the appellant did not allege any qualifying circumstance.
Art. 335. When and how rape is committed. - Rape is committed by having carnal knowledge of a woman under any of the following circumstances: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 (12) 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.
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:[Emphasis supplied.]
- When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
- when the victim is under the custody of the police or military authorities.
- when the rape is committed in full view of the husband, parent, any of the children or other relatives within the third degree of consanguinity.
- when the victim is a religious or a child below seven (7) years old.
- when the offender knows that he is afflicted with Acquired Immune Deficiency Syndrome (AIDS) disease.
- when committed by any member of the Armed Forces of the Philippines or the Philippine National Police or any law enforcement agency.
- when by reason or on the occasion of the rape, the victim has suffered permanent physical mutilation.
WHEREFORE, in view of the foregoing premises, the Court hereby MODIFIES the dispositive portion of its previous DECISION dated January 26, 2000 by commuting the sentence of the accused from DEATH TO RECLUSION PERPETUA and ordering the accused George Buenaflor y Labnotin to indemnify the offended party AAA the amount of P50,000.00 as moral damages, and to pay the costs.[4] "Information," Records, p. 1.