428 Phil. 533
VITUG, J.:
CRIMINAL CASE NO. 19117At his arraignment, the accused pleaded NOT GUILTY to the accusations in all five Informations. The cases having arose from similar incidents involving the same complainant and the same accused, joint trials were held.
"That on or about the 23rd day of January, 1998, in the Municipality of Malabon, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused being the uncle of Jobelyn Ramos y Denola, a minor of 11 years of age, with lewd design, and exercising ascendancy over said Jobelyn Ramos y Denola and by means of force, violence and intimidation, wilfully, unlawfully and feloniously, did then and there have sexual intercourse with Jobelyn Ramos y Denola against her will and without her consent."[1]
CRIMINAL CASE NO. 19118
"That on or about the 13th day of January, 1998, in the Municipality of Malabon, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused being the uncle of Jobelyn Ramos y Denola, a minor of 11 years of age, with lewd design, and exercising ascendancy over said Jobelyn Ramos y Denola and by means of force, violence and intimidation, wilfully, unlawfully and feloniously, did then and there have sexual intercourse with Jobelyn Ramos y Denola against her will and without her consent."[2]
CRIMINAL CASE NO. 19119
"That on or about the 3rd day of February, 1998, in the Municipality of Malabon, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused being the uncle of Jobelyn Ramos y Denola, a minor of 11 years of age, with lewd design, and exercising ascendancy over said Jobelyn Ramos y Denola and by means of force, violence and intimidation, wilfully, unlawfully and feloniously, did then and there have sexual intercourse with Jobelyn Ramos y Denola against her will and without her consent."[3]
CRIMINAL CASE NO. 19120
"That on or about the 31st day of January, 1998, in the Municipality of Malabon, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused being the uncle of Jobelyn Ramos y Denola, a minor of 11 years of age, with lewd design, and exercising ascendancy over said Jobelyn Ramos y Denola and by means of force, violence and intimidation, wilfully, unlawfully and feloniously, did then and there have sexual intercourse with Jobelyn Ramos y Denola against her will and without her consent."[4]
CRIMINAL CASE NO. 19121
”That on or about the 27th day of January, 1998, in the Municipality of Malabon, Metro Manila, Philippines and within the jurisdiction of this Honorable Court, the above-named accused being the uncle of JOBELYN RAMOS Y DENOLA, a minor of 11 years of age, with lewd design, and exercising ascendancy over said Jobelyn Ramos y Denola and by means of force, violence and intimidation, wilfully, unlawfully and feloniously, did then and there have sexual intercourse with Jobelyn Ramos y Denola against her will and without her consent."[5]
"WHEREFORE, premises considered, judgment is hereby rendered as follows:The convicted accused, in the Appellant's Brief, ascribed errors to the court a quo thusly:
"1. In Criminal Case No. 19117-MN, the Court finds Sailito Perez y Gazo guilty beyond reasonable doubt of the crime of Statutory Rape, and appreciating the privileged mitigating circumstance of minority, hereby sentences him to suffer the penalty of reclusion perpetua;
"2. In Criminal Case No. 19118-MN, the Court finds Sailito Perez y Gazo guilty beyond reasonable doubt of the crime of Statutory Rape, and appreciating the privileged mitigating circumstance of minority, hereby sentences him to suffer the penalty of reclusion perpetua;
"3. In Criminal Case No. 19119-MN, the Court finds Sailito Perez y Gazo guilty beyond reasonable doubt of the crime of Statutory Rape, and appreciating the privileged mitigating circumstance of minority, hereby sentences him to suffer the penalty of reclusion perpetua;
"4. In Criminal Case No. 19120-MN, the Court finds Sailito Perez y Gazo guilty beyond reasonable doubt of the crime of Acts of Lasciviousness and appreciating the privileged mitigating circumstance of minority, hereby sentences him to suffer an indeterminate penalty of twelve (12) years and one (1) day, as minimum, to fourteen (14) years, eight (8) months and one (1) day, as maximum, both of reclusion temporal; and
"5. In Criminal Case No. 19121-MN, the Court finds Sailito Perez y Gazo guilty beyond reasonable doubt of the crime of Acts of Lasciviousness and appreciating the privileged mitigating circumstance of minority, hereby sentences him to suffer an indeterminate penalty of twelve (12) years and one (1) day, as minimum, to fourteen (14) years, eight (8) months and one (1) day, as maximum, both of reclusion temporal.
"Moreover, accused Perez is hereby ordered to pay the total amount of P225,000.00 by way of civil indemnity and P150,000.00 as moral damages to the victim Jobelyn Ramos y Denola in connection with Criminal Cases Nos. 19117-MN, 19118-MN and 19119-MN, respectively."[7]
In support of the first assigned error, appellant would argue that it was not right for the trial court to have heavily relied on the testimony of Jobelyn which he described to be incredible. He stressed that the medico-legal officer found no evident signs of extra-genital physical injury on the person of Jobelyn."I
"THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE ON THE BASIS OF THE UNCORROBORATED TESTIMONY OF THE ALLEGED VICTIM."II
"THE COURT A QUO GRAVELY ERRED IN FINDING THE ACCUSED GUILTY FOR THE COMMISSION OF THE OFFENSE OF RAPE WHEN THE EVIDENCE ADDUCED TEND TO PROVE OTHERWISE."III
"THE COURT A QUO COMMITTED A REVERSIBLE ERROR IN NOT IMPOSING THE PROPER PENALTY FOR THE COMMISSION OF THE CRIME OF ACTS OF LASCIVIOUSNESS."[8]
The sole testimony of a rape victim in a rape case could be sufficient to sustain a conviction.[12] The mere fact that it is not corroborated does not necessarily mean that it has been fabricated. No young woman, it is said, would weave a tale of sexual assaults to her person, open herself to examination of her private parts, and later be subjected to public trial if she were not, in fact, molested. It is neither highly improbable for such acts to be perpetrated in a crowded room. Lust is not known to be a respecter of time and place, and rape itself has been found to occur in places where people congregate.[13]
"Q What was that unusual incident which happened in your house on January 13, 1998?"A Our uncle entered our house, sir."Q What happened next after your uncle entered your house?"A He took off my shorts and my panty and he pulled my dress up, sir."Q What did he do next after he removed your panty and raised your dress up?"A He pinned me, sir (dinaganan ako)."Q When he pinned you, was he in clothes or not?"A He has no more clothes, sir."Q Who was ahead in removing the clothes, was your clothes removed first or was it your uncle's?"A My dress was first removed before he took off his clothes, sir."Q You said he pinned you down, what else did he do to you when he pinned you down?"A He was pressing his organ to my organ and I was struggling, sir."Q What did you feel when your uncle was pushing his penis inside your vagina?"A I felt pain, sir."Atty. Delas Alas There was no statement that the penis of the accused penetrated the vagina. Her answer is, she was pinned down, Your Honor."Court Now that you heard the statement, what are you trying to explain, what is your point?"Pros. Aliposa There was penetration based on her answer `masakit', because there was already penetration, Your Honor."Atty. Delas Alas He was trying to penetrate, Your Honor."Court There is no basis on that. Strike out that answer. You reform the question. Proceed."Atty. Aliposa (witness) "Q Were you successful in your struggle?"A No, sir."Q Why?"A Because he is strong, sir."Q What happened when your struggle failed?"A I just cried, sir."Q What did he do while you were crying?"A None, he continued what he was doing, sir."Q What was he doing?"A He was on top of me, he was sucking my breast, sir."Q How about his penis, what was he doing with his penis?"A He was placing his penis in the face of my organ, sir."Q Do you know what happened to this act of accused while putting his penis in the opening of your vagina?"A No, sir."Court (witness) "Q [Did] the penis penetrate the vagina?"A He was not able to penetrate, Your Honor."Court Proceed."Pros. Aliposa (witness) "Q How do you know it was his penis which was placed in your vagina?"A Because it was touching my organ, sir."Q While your uncle was trying to insert his penis into your vagina, what was he talking [about], if he was talking [about] something?"A He told me not to report what he was doing to me and in return, he told us he will kill us, sir."Court (witness) This incident, in what particular place in your [house] did it happen?"A In the sala, Your Honor, because there is no bedroom."Q There is no room in your house?"A None, Your Honor."Q So, your house is only one room. Your brothers and sister were there, correct?"A Yes, Your Honor."Q What were they doing when your uncle was molesting you?"A They were sleeping, Your Honor."Q Who were they, who were they sleeping?"A Loreto, Junjun, Lorelyn and Mark Lawrence, Your Honor."Q How old is Loreto?"A Nine, Your Honor.Q "Lorelyn?"A Seven, Your Honor."Q Mark?"A Five, Your Honor."Q How about your mother and father, where were they at that time?"A My parents are separated and my mother is working, Your Honor."Q Where was she working at that time?"A In Sta. Cruz, Your Honor."Q What was she doing at Sta. Cruz?"A Waitress, Your Honor."Court Proceed."Pros. Aliposa (witness) "Q This uncle you are referring to, if he is inside the courtroom, can you point to him?"A Yes, sir (witness pointed to a man wearing light yellow t-shirt who, when asked his name, answered Sailito Perez)"Q This Sailito Perez, how do you call him being an uncle?"A Kuya Junjun, sir."Q Was this incident of January 13, 1998 repeated?"A Yes, sir."Q When was the next incident? Are you referring to January 23?"A January 23, sir."Q What time did the incident happen?"A Early in the morning, sir."Q Who was at the house at that time when your uncle was molesting you?"A I was there with my brothers and sister, sir."Q Where was your mother?"A She was at work, sir."Q What did your uncle do on January 23, 1998 in the morning?"A I was awakened and I saw him caressing my hair, sir."Q What else did he do on January 23, 1998?"A When he saw me awake, he covered me with blanket and he took off my short and my panty and he went on top of me, sir."Q What did he do next when he went on top of you?"A He was forcing his penis to penetrate my organ, sir."Q What were you doing to prevent that advances?"Atty. Delas Alas Objection, Your Honor. No basis."Court Sustained.Pros. Aliposa (witness) "Q What did you do when your uncle was trying to insert his penis into your private part?"A I was struggling and I said I will report him to my mother, sir."Q What did he tell you?"A He told me not to try to report, otherwise, he will kill us, sir."Q Was this repeated by your uncle after January 23, 1998?"A Yes, sir."Q Are you referring to January 27, 1998?"A Yes, sir."Q What happened on January 27, 1998?"A I was awakened and I saw there was [a] person inside our house, what I did was to lay upside down so that he will not notice I was awake, sir."Q What happened next?"A He forced me to lie with my face up but I forced myself to lie my face down. When he cannot force me to face up, he took off my panty and shorts and he inserted his penis in my anus, sir."Q Was he able to do that, to penetrate his penis into your anus?"A Yes, sir."Q What happened?"A I cried because it was painful, sir."Q Was this repeated again, this molestation made by your uncle?"A Yes, sir."Q Are you referring to January 31, 1998?"A Yes, sir."Q What did he do on January 31, 1998?"A I was awakened and I noticed our door opened. What I did was to cover myself with blanket so that he will not notice I was awake, sir. I covered myself with blanket and I was lying on my stomach on the floor but he forced me to lie on my back then when he was successful in doing so, I covered my face with a pillow but he was forcing me to suck his penis, sir."Q Were you able to suck his penis?"A No, sir."Q What did he do next when you refused to suck his penis?"A He told me that the thing he was forcing me to do was delicious, I told him I don't like and when I refused, he threw the blanket to me, sir."Q What did he say?"A No more, sir."Q Was this repeated, this act done by your uncle?"A Yes, sir."Q Are you referring to February 3, 1998 incident?"A Yes, sir."Q What happened on February 3, 1998?"A We have just eaten and when we were about to go to sleep because that was the order of the husband of Aling Boly, Jun Jun went inside our house and he was commanding us to sleep. My brother replied on the verge of sleeping, why was he commanding us to sleep."Q What did your uncle do after that, after commanding you to sleep?"A When my brothers and sister were already lying down to sleep, while I was fixing the table – cleaning the table of scatter, my uncle went near me and he touched my buttock and I told him don't do that and he should better go home, sir."Q What happened next?"A He threw the blanket for me to sleep alone near the wall of our house but my sister [doesn't] want me to sleep in that place, so he transferred beside my sister to sleep."Q What happened when you lay beside your sister to sleep?"A Kuya Jun Jun told us to sleep and told us that he will watch us to sleep, then he lay beside me, sir."Q What happened when your uncle lay beside you?"A He took off my shorts and my panty and he pinned me, sir."Q When he pinned you, was he still wearing pants, brief or shorts?"A No, sir."Q What did he do?"A He kissed my organ, sir."Atty. Delas Alas There was previous statement `inano niya' his organ to my organ, Your Honor. Before witness said he kissed her organ, witness is trying to say – we are just questioning `inano niya yong ari niya sa ari ko' then he kissed and licked my vagina, Your Honor."Pros. Aliposa (witness) "Q Let us make this clearer. When you said `inano' what do you mean by that?"A He touched his penis into my organ, sir."Q What happened after he kissed and licked your organ "A He spit on the hole of the bamboo, sir."[11]
"ART. 266-A. Rape; When and How Committed. – Rape is committed.The offense is punishable by prision mayor under Article 266-B of the same amendatory law; thus:"x x x x x x x x x
"2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person's mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person."
"Art. 266-B. Penalties. – x x x. Rape under paragraph 2 of the next preceding article shall be punished by prision mayor."Now, on the penalties that should be imposed. The crime of consummated simple rape, under Article 335 of the Revised Penal Code, carries the penalty of reclusion perpetua. Pursuant to Article 51 of the Revised Penal Code, the penalty to be imposed upon principals of an attempted crime shall be lowered from that prescribed by law for the consummated felony by two degrees, i.e., prision mayor or six (6) years and one (1) day to twelve (12) years. Minority, a privileged mitigating circumstance under Article 68, would still lower by one degree, i.e., prision correccional with a duration of six (6) months and one (1) day to six (6) years, the penalty that can be imposed. Applying the provisions of the Indeterminate Sentence Law, the penalty lower yet by another degree, i.e., arresto mayor with a duration of one (1) month and one (1) day to six (6) months, shall be the minimum term of the penalty. The offense of acts of lasciviousness, under Article 336 of the same Code, is made punishable by prision correccional or from six (6) months and one (1) day to six (6) years. The privilege mitigating circumstance of minority would lower the penalty to arresto mayor which ranges from one (1) month and one (1) day to six (6) months. When it is the imposable penalty, its maximum not being at least one year, the Indeterminate Sentence Law would be inapplicable.