445 Phil. 392
SANDOVAL-GUTIERREZ, J.:
"That on April 9, 1996 at about 12:00 o'clock noon at Barrio Datag, Siaton, Negros Oriental, Philippines and within the jurisdiction of this Honorable Court, the above-named accused by means of force and intimidation with the use of a knife willfully, unlawfully and feloniously, did then and there lie and succeeded in having sexual intercourse with an eleven (11) year old victim AAA, without the latter's consent.Upon arraignment, the accused-appellant pleaded not guilty to the crime charged.[3] Thereafter, trial ensued.
"Contrary to Article 335 of the Revised Penal Code."[2]
"At about 11:00 o'clock a.m. of April 9, 1996, eleven year-old AAA, and her brother Longlong, were at the Siaton River, just below their house at Datag, Siaton, Negros Oriental (p. 5, tsn, August 13, 1996) catching shrimps (p. 8, id.). Since the Siaton River was waist-deep, AAA took off her clothes while catching shrimps with a spear gun (p. 3, tsn, October 25, 1996). Longlong, however, went home ahead of AAA who wanted to take a bath after catching shrimps (p. 19, tsn, August 13, 1996). While at the river, AAA saw her neighbor, Apolonio Cultura, alias Onyot approaching her after coming from a bamboo grove (p. 6, tsn, October 26, 1996). When Onyot neared AAA, he boxed her twice causing her to fall and to lose consciousness (pp. 6-7, supra). When AAA recovered, she found herself in the bamboo grove. AAA stood up and saw blood oozing out of her sexual organ. AAA ran home but saw Onyot on the road near his farm (p. 7, tsn, October 25, 1996). Onyot warned her not to tell her parents about the incident, otherwise, he will kill her family (p. 7, supra).The evidence for the defense consisted of the testimonies of the accused-appellant and Roger Sumili.
"Upon reaching home, Leoncio Balsamo, AAA's father, noticed that AAA's sexual organ was bleeding. When asked by her father as to what happened, AAA answered that she was raped by Onyot (pp. 8-9, tsn, November 18, 1996). Immediately, Leoncio brought AAA to the barangay captain who, upon noticing that AAA's shorts was drenched with blood, advised them to proceed to the police station at the municipal hall (pp. 6 and 10, supra). After the incident was blottered by the police, AAA, upon police advice, was brought to the Bayawan District Hospital where her bleeding sexual organ was cleaned and sutured (p. 11, supra). On examination, Dr. Mitylene Besario Tan, AAA's attending physician, found that AAA sustained a lacerated wound located at the mid-lower aspect, vaginal mucosa extending to the perimeum. The wound was a very serious one because it extended from the inside to the outside of the victim's vagina. Without medical attendance, it would cause profuse bleeding leading to anemia and possibly to hypovolemic shock and death (p. 8, tsn, July 9, 1996)."[4]
"WHEREFORE, judgment is hereby rendered finding the accused Apolonio Cultura alias "Onyot", guilty beyond reasonable doubt of the crime of rape defined and punished under Article 335 of the Revised Penal Code, as amended, under circumstances provided under no. 3 of the same Article of the Revised Penal Code, and the penalty of Reclusion Perpetua is hereby imposed upon the said accused, who is directed to indemnify the victim in the amount of P50,000.00.Hence, this appeal.
"The accused is granted full time credit of the duration of his preventive custody.
"SO ORDERED."[10]
"…IN CONVICTING ACCUSED-APPELLANT OF RAPE DESPITE THE FACT THAT HIS GUILT WAS NOT PROVED BEYOND REASONABLE DOUBT."[11]In the main, the issue is the credibility of complainant AAA. It is apt to point out once more that factual findings of the trial court, particularly its assessment of the credibility of witnesses, are entitled to great weight on appeal. This is based on the principle that the assessment of the credibility of witnesses is a matter best left to the trial court because of its unique position of being able to ascertain and measure the sincerity and spontaneity of witnesses through the actual observation of their manner of testifying, demeanor and behavior in court.[12]
Dr. Mitylene Tan of the Municipal Health Office in Siaton, testified that she examined AAA for vaginal bleeding at the Rural Health Unit Office, Siaton, Negros Oriental. She suffered from a "lacerated wound, mid-lower aspect, vaginal mucosa extending to the perineum" and endured severe vaginal bleeding caused by the wound. Without prompt medical assistance, the wound would have led to anemia, hypovolemic shock or death. Dr. Tan opined that a male organ could have caused the laceration and vaginal bleeding.
“x x x Q On April 9, 1996 at about 11:00 o’clock in the morning, can you still recall where were you?.A YesQ Where were you?A I was catching.Q What were you catching?A Shrimps.Q Where were you catching shrimps?A In the river of Siaton.Q That river of Siaton is far from your house?A Just below.Q Who was with you when you were catching shrimps at the river of Siaton?A Longlong but he went home ahead of me.Q You are saying that after Longlong went ahead of you, you were left alone at the river?A Yes.Q How deep was the river where you were catching shrimps?A Until the waistline.Q When you were catching shrimps at the river, were you wearing something or were you naked?A None.Q While you were catching shrimps, will you please tell us what happened if anything happened?A There was.Q What happened?A He boxed me twice.Q Who boxed you twice?A Onyok.Q Is that Onyok present in the courtroom now?A Yes.Q Can you please point him to the Court?A That man.NOTE: Witness is pointing to a man whom when called and asked his name answered Apolonio Cultura.Q When you said that you were boxed by Onyok, where were you boxed by Onyok, at the river or already away from the river?A In the river.Q Were you hit by Onyok?A Yes.Q Where were you hit?A At the side.Q After you were boxed at the side and you were hit, what did Onyok do, if any?A I fell down.Q When you already fell down, what did Onyok do to you if you can still remember?A I lost my senses for a while.Q When you recovered your senses, do you remember where were you, were you still at the river or away from the river?A I can remember.Q Where were you?A By the bamboo grove.Q When you said that you recovered your consciousness at the bamboo grove, when you recovered your consciousness, what happened and what did you see of your body if you remember?A I found out that he was already gone.Q What about you, were you still naked at the time you regained consciousness?A Yes.Q What did you see with your body after you recovered your consciousness?A I did not have clothes on and when I stood up the blood sputtered.Q Where did this blood come from that spluttered?A From my vagina.Q How much was this blood that came out from your vagina?A Much blood.Q What did you feel after you saw that there was so much blood coming out from your vagina?A Pain.Q What did you do after you discovered that there was so much blood coming from your vagina?A I ran.Q To which direction were you going?A To the road.Q To whom did you see, if any, when you were at the road?A I saw Onyok.Q When you saw Onyok right there at the road, did you hear anything that he said to you at that time?A Yes, there was.Q What did he say to you?A He said that if I were to tell those things to my father, he would kill all of us.Q After hearing those words from Onyok, what did you do next?A I ran.Q To which direction were you going?A To our house.Q Were you able to arrive at your house?A Yes.Q Who was there in your house when you arrived there?A My father.Q What did you tell your father, if any?A I said I was sexually abused by Onyok.Q When you arrived at your house and you told your father that you were sexually abused by Onyok, do you remember if you were still bleeding at that time?A Yes.Q Did you show your vagina bleeding to your father?A Yes.Q What did your father do after he saw that your vagina was bleeding at that time?A He changed clothing.Q Do you know why he was changing his clothes?A Yes.Q Why, where was he going at that time?A We were going to the police.Q Were you able to go to the police?A Yes.Q What police station is that? Is that the police station of Siaton or some other municipalities?A In Siaton only.Q When you arrived at the Police Station of Siaton, can you remember what the police did to you?A I can remember.Q What did they do?A They attended to me and they went to the person who sexually abused me.Q From the Police Station of Siaton, do you remember where did you go next?A Yes, I remember.Q Where did you go next?A In the hospital.Q Can you still remember if that hospital was still in Siaton?A Yes.Q Do you remember what the doctor did to you at the hospital?A They cleaned me.Q Do you still remember if when you arrived at the hospital, you were still bleeding?A Still bleeding.Q After the doctor cleaned you, where did you go next?A To the center.Q That center is still within Siaton?A Yes.x x x”[13]
"SEC. 4. Circumstantial Evidence, when sufficient. – Circumstantial evidence is sufficient for conviction if:As jurisprudentially formulated, a judgment of conviction based on circumstantial evidence can be upheld only if the circumstances proven constitute “an unbroken chain which leads to one fair and reasonable conclusion pointing to the defendant as the guilty person,” i.e., the circumstances proven must be consistent with each other, consistent with the hypothesis that the accused is guilty, and at the same time inconsistent with any other hypothesis except that of guilty.[14]
(a) There is more than one circumstance;
(b) The facts from which the inferences are derived are proven; and
(c) The combination of all circumstances is such as to produce conviction beyond reasonable doubt."
First, complainant AAA was bathing in the river alone;The foregoing circumstances convince us with moral certainty that the accused-appellant raped herein complainant when she was unconscious.
Second, the accused-appellant approached her and boxed her twice;
Third, she lost consciousness;
Fourth, she woke up in a bamboo grove, naked and alone;
Fifth, as she stood up, she felt pain in her vagina and found it was bleeding;
Sixth, when she started walking home, she met the accused-appellant near the road;
Seventh, he threatened her not to tell her father about the incident;
Eighth, the medical findings showed that she suffered a "lacerated wound, mid-lower aspect, vaginal mucosa extending to the perineum." The bleeding was so severe that the wound had to be sutured;
Ninth, the prosecution witness, Barangay captain Sergio Ege, declared that he saw blood on her shorts when she and her father approached him for assistance.[15] Police Investigator SPO2 Inocencio V. de la Peña, another prosecution witness, also saw blood on the lower portion of her body.[16]