432 Phil. 590
PANGANIBAN, J.:
“WHEREFORE[,] in light of the foregoing considerations[,] the Court finds the accused Boy Domingo GUILTY beyond reasonable doubt of the crime of robbery with multiple rape and hereby sentences him to the penalty of reclusion perpetua. He is also ordered to pay the spouses Valentin Gabertan and Clara Gabertan the total sum of [e]leven [t]housand [t]wo [h]undred [p]esos (P11,200.00) representing the value of the things stolen, plus one [h]undred [t]housand [p]esos (P100,000.00) as moral damages.”[3]In the Information[4] dated January 27, 1997, appellant and his co-accused -- Joel Temporal, Benedicto Pedro, Heherson Rivera and Jessing[5] Valdez -- were charged in these words:
“That on or about October 23, 1993, at Sitlo Malasin, Barangay Balintocatoc, Municipality of Santiago, (now a city) Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, conniving, confederating with each other and mutually helping one another with intent of gain and with violence against or intimidation of person, armed with a piece of bamboo, 2x2 piece of wood, ipil-ipil posts and bolo, did then and there wilfully, unlawfully and feloniously attack, assault, str[i]ke and hit one VALENTIN GABERTAN and then and ther[e] take, steal and carry away the following properties, belonging to VALENTIN GABERTAN and Clara Gabertan, to wit:During his arraignment on August 13, 1998, appellant, assisted by his counsel,[7] pleaded not guilty.[8] After pretrial and trial proper, the RTC rendered the assailed Decision.Cash of P5,350.00;
One (1) ladies gold seiko with valued at P2,000.00;
Nine (9) turkeys valued at P3,600.00; and
Two (2) chickens valued at P200.00.
or of a total of P11,150.00 against their will, and by reason of or during commission of the robbery, the said Valentin Gabertan suffered injuries, to wit: 2 (cm) hematoma on (L) cheek area, tenderness on (R) anterior auxilliary area and multiple fracture on 8th and 9th rib (r) side, and also on the occasion of the robbery, the above-named accused with lewd design and by means of force and intimidation conspiring, confederating, conniving and mutually helping one another, did then and there, wilfully, unlawfully and feloniously take turn in having carnal knowledge [of] Clara Gabertan, against her will.”[6]
“Around 11:00 p.m. of October 23, 1993, private complainant Valentin Gabertan [‘Valentin’] was lounging outside x x x his house while his children [lay] asleep, when he heard the incessant barking of dogs in the compound.
“The Gabertan compound, located at Sitio Malasin, Balintocatoc, Santiago, Isabela, consist[s] of two (2) main houses; one, where the children and a young houseboy stay and sleep and the other, where Valentin and his wife, Clara [‘Clara’] retire for the evening. There are also several barns to house the cows, goats and domestic fowls.
“Clara, who was then reposed on the bed, heard the barking at the same time. Instinctively, Clara stood up and took out a flashlight. She immediately gave it to her husband, who was then armed with a bolo [‘panabas’], to aid him in checking out the disturbance.
“Valentin ha[d] not walked far from the house when three (3) men suddenly entered the compound while two (2) others stayed outside. The men, initially identifying themselves as members of the New People’s Army (NPA), ferociously asked Valentin for money. Turned off by the demand, Valentin at once retorted that they could not be members of the NPAs as NPAs do not ask for money.
“The men, however, were unmasked. Valentin instantly recognized their faces as that of appellant and his co-accused. It was easy for Valentin to recognize appellant, having known him for the past ten (10) years, as the latter usually pass[ed] by their house when he [went] fishing. Appellant and his co-accused were each armed with a piece of wood.
“Unruffled by Valentin’s response, appellant and his co-accused nonetheless persisted. They demanded x x x guns and documents or certificates for the large cattle and asked who the owner of the cows was.
“Valentin, however, attempted to ward off the impending danger now reposed [i]n him. He promptly hacked one of the men [identified as Joel Temporal] on his right arm. A struggle ensued. Valentin, however, was easily outnumbered by the intruders as the latter clubbed him at the same time. Valentin soon let go of his defense when the intruders attempted to hurt his son.
“At this time, Clara sensed an intense level of fear as she stood frozen beside a table where a kerosene lamp was lighted. It only took a few minutes when Joel Temporal barged in, struck the kerosene lamp and ominously threatened, ‘I will kill you if you will not give me what I want.’
“Joel Temporal thereafter pulled Clara out of the house where she was forcibly laid on the cogon grass.
“Meantime, Valentin could only watch his wife being pulled away as he was rendered weak and immobile at the clubbing he received at a moment’s resistance. Jessing Valdez and Heherson Rivera stood guard. His attempt to rescue his wife was overtaken by the necessity to protect the son he was now embracing lest the intruders vent their rage on him.
“Clara’s dress [duster] and panty were torn away. Her hands were held by appellant and her feet also held by Benedicto Pedro. Joel Temporal put himself on top of Clara and went inside her. After he consummated his lust, appellant came in next. Benedicto Pedro also took his turn. For his part, Jessing Valdez left Valentin and his son and rushed in to satiate, too, his carnal desire. Once finished, all four (4) men checked on Valentin but came back to see Clara, stepping on her vagina in the process. Agonized, Clara could only utter, ‘Don’t you have pity on me, you people from Bannawag?’
“Appellant and his co-accused thereafter left, bringing with them two (2) chickens and nine (9) turkeys which were carried around their necks.
“Valentin rushed to his wife’s side and could only embrace her. A few minutes, later, neighbors and friends Leonardo Palafox and Celestino Capa came to their succor. At this time, Valentin had difficulty breathing. He could not be rushed to the hospital immediately because there was no transport available.
“Valentin and Clara had to content themselves to await the dawn. Back at the house, however, money worth the amount of P5,350.00 and a Seiko gold-plated watch worth P2,000.00 [were] found missing [from] Clara’s bag.
“At 8:00 a.m. the following morning, Valentin was admitted [to] the Cagayan Valley Sanitarium and Hospital for multiple physical injuries secondary to mauling. His diagnosis revealed the following injuries:‘1. 2 cm. Hematoma on R and L temporal area“Clara, on the other hand, was examined at the Outpatient Department. She sustained ‘multiple scratch marks, inner thigh-bilateral, and multiple abraided areas per labia minora.’ The certification further indicated:
2. 2 cm. Hematoma on L che[e]k area
3. [Multiple] Incomplete fracture of 8th and 9th ribs R side.’‘Specular exam. Introitus - Parous“Both Valentin and Clara exhibited no qualms in identifying the perpetrators of the crime --- pinpointing their neighbors from Bannawag Norte, Santiago City --- Joel Temporal, Benedicto Pedro, appellant Boy Domingo, Heherson Rivera and Jessing Valdez.”[10] (Citations omitted)Uterus - Not enlarged
Cervix - Hand & erosion at or [sic]
Adnexae - negative
Discharge - Whitish Mucoid’x x x x x x x x x.
“The defense presented in evidence the testimony of accused Boy Domingo. He testified that [i]n the month of October 1993, he was harvesting palay somewhere in Barangay Salvador, Santiago City. On October 23, 1993, he started working at 7:00 o’clock in the morning up to 5:00 o’clock in the afternoon. Afterwards, he proceeded to the house of his sister. While in the house of his sister, he rested for [a while], ate supper at 8:00 o’clock in the evening and went to sleep. After finishing his work on October 31, 1993, he went home to the house of his mother in Bannawag, Santiago City. He was apprehended on July 27, 1998 while driving a tricycle.
“The next witness presented was Florentina Pingaron, the sister of accused Boy Domingo. She testified that her brother Boy Domingo stayed at her place in Salvador, Santiago City from October 3, 199[3] in order to do some harvesting. Her brother stayed with her for about a month. On October 23, 199[3] at around 8:00 o’clock in the evening [her] brother was at home sleeping and did not leave the house. During the month [her] brother stayed with her, he did not leave the place at all except when he [went] to the farm to harvest.
“The next witness was Pepito Martin who corroborated the testimony of accused-appellant Boy Domingo that the latter worked in his farm from October 5, 1993 up to October 31, 1993. He claimed that the accused worked on his farm from 7:00 o’clock up to 11:00 o’clock in the morning and from 2:00 o’clock up to 5:00 o’clock in the afternoon. On October 24, 1993, he saw the accused-appellant harvesting on his farm the whole day.
“The next witness was Sonny Solomon. He testified that on October 23, 1993 as well as October 24, 1993 he saw the accused-appellant work [o]n the farm of Mr. Martin because they were together at that time.
“The last witness for the defense was Barangay Captain Rodante Angel. He testified that he ha[d] known the accused Boy Domingo Jr. since the latter was a child. According to him, the accused ha[d] no derogatory record at all. He issued a certification attesting to this fact.”[11] (Citations omitted)
“The trial court erred in disregarding the defense of alibi interposed by accused-appellant Boy Domingo.”[14]
The RTC also found the testimony of Clara Gabertan to be candid, straightforward, spontaneous and frank.[24] She testified how appellant and his co-accused had raped her:
Q. At about 11:00 o’clock in the evening of October 23, 1993, do you recall what are you doing on that time?
A. Yes sir.Q. Tell us what are you doing?
A. I was sitting beside our house and when the dog barked I got my flashlight and I went out.Q. Aside from the flashlight, what else did you take if any when you went towards the door?
A. Long bolo (panabas) sir.Q. Where did you go?
A. In the yard.Q. When you were already in your yard with flashlight and with that bolo, tell us what happened?
A. They went inside our house and they tell us that they are NPA.Q. How many were these persons who entered your house and claimed that they are NPA?
A. Three (3) sir.Q. Where there other persons?
A. Yes sir.Q. How many of them?
A. Two (2) were staying outside.Q. Then what did these person do after that?
A. They required us to bring out the documents of animals and two (2) of them pulled my wife outside.Q. What did you do when these persons entered your house?
A. They want to hurt me but I was able to hacked one of them.Q. After you were able to hacked one of them, what did they do to you?
A. They clubbed me, they hacked me but I defended myself but when I went to rescue my wife they turned their attention to my son and they intended to harm him but I embraced my son.Q. You said they hacked you, were you hit?
A. I was able to evade the hacking.Q. By the way, what weapon were these persons carrying during that time?
A. Bolo and a piece of wooden club.Q. Now, you said that three (3) persons entered your house, what did these three (3) persons do in your house if you know?
A. They want[ed] to fight me.Q. When these three (3) persons entered your house where were you?
A. I was already outside the house. x x x x x x x x xQ. What else did these persons do inside your house?
A. After clubbing me and I was immobilized they started ransacking the house.Q. What were taken in your house?
A. Money, chicken, turkey and watch.Q. How much money was taken?
A. More than Five Thousand Pesos (P5,000.00).Q. And where was it taken, that money?
A. From inside the handbag of my wife.Q. You said that your wife was also pulled outside your house, what did they do to your wife?
A. They sexually abused my wife. x x x x x x x x xQ. While Joel Temporal was sexually abusing your wife where were you?A. I was near her but I was very weak.”[23]
Time-tested is the principle that when a woman says she has been raped, she says in effect all that is necessary to show that she has been so raped.[26] A woman will not expose herself to the humiliation of a trial, with its attendant publicity and the morbid curiosity it would arouse, unless she has been truly wronged and seeks atonement for her abuse.[27]
“Q. Now, what happened after your husband went out?
A. What happened after, sir, is that, after my husband went out, a man suddenly came in and [struck] the light.Q. What kind of light was this that was [struck by] a man who suddenly came in?
A. A kerosene lamp, sir.Q. Where [was] this kerosene lamp when it was [struck]?
A. [O]n a table like this, sir. (Witness pointing to the lawyer’s table.)Q. And where [was] that table found?
A. In the kitchen, sir.Q. How long after your husband went out from the kitchen did you notice a man [enter] and [strike] the kerosene lamp [o]n the kitchen table?
A. Not more than ten (10) minutes, sir.Q. And where were you when a man [struck] this kerosene lamp placed [o]n the table inside the kitchen?
A. I was just near the light, sir.[A.] When I heard the barking of the dogs, sir, I stood up feeling afraid, standing beside the light [o]n the table, sir.Q. How did the man enter the kitchen?
A. He suddenly pushed the door, sir. x x x x x x x x xQ. Tell us what happened after the kerosene lamp was [struck] by that man who entered?
A. He told me, ‘I will kill you if you will not give me what I want’, and then he pulled me outside, sir.Q. Were you able to identify who this man [was] who pulled you outside?
A. It was Joel Temporal, sir.Q. Where did Joel Temporal bring you when you said he pulled you out?
A. He brought me out not far from where we [were] sleeping, sir.Q. And [to] what specific place did he bring you?
A. He brought me outside to a place with grass and cogon, Sir.Q. What did you do when he pulled you while you were still inside the kitchen?
A. He pulled me out forcibly when I did not give in to what he asked of me, sir.Q. How did he pull you?
A. This way, sir. (Witness demonstrating by using [both her] hands and [making] a pulling motion.)Q. What part of your body was pulled by this person?
A. My hands, sir.Q. Now, what did you do when he was pulling your hands?
A. I followed, sir, although I refused but I was feeling very nervous.Q. When you were already outside after he pulled you there in that grassy area, tell us what happened?
A. When we were already at that place, sir, he laid me down, that man, Joel Temporal.Q. Then what did the man do?
A. He went on top of me, sir.Q. Then what did he do?
A. When he went on top of me, sir, he got all [t]hat he want[ed], including my womanhood.Q. What kind of dress were you wearing that time?
A. I was wearing ‘daster’, sir.Q. What did the man do with your ‘daster’ after he pulled you outside?
A. After pulling me outside, sir, that was the time he tore my panty and he also tore my ‘daster’, sir.Q. While the man was on top of you, tell us what happened?
A. When Joel Temporal was on top of me, sir, he got all [t]hat he wanted to get from me, including my womanhood. Then came next x x x Boy Domingo who also took my womanhood, then came next x x x Benedicto Pedro who also took my womanhood, then they went to my husband and then they went back again to me and they even stepped on my private part, my vagina, that was when I shouted and told them, ‘Don’t you have [pity] on me, you people from Bannawag?’Q. You mentioned several names: Joel Temporal, Boy Domingo, and Benedicto Pedro. Why do you know their names?
A. I know these persons, sir, because Heherson Rivera has relatives at Sitio Malasin. And [this person], Jesing Valdez is their gangmate and this Benedicto Pedro is their relative, sir.Q. You mentioned x x x the name Heherson Rivera, what did Heherson Rivera do?
A. He was guarding my husband, sir.Q. You also mentioned Jesing Valdez, why, what did he do there?
A. He was the fourth one who abused me, sir.Q. Let us get this clear. Who was the person who first rape[d] you?
A. Joel Temporal, sir.Q. And then who followed next?
A. Boy Domingo, sir.Q. And then who was the third?
A. Benedicto Pedro, sir.Q. And the fourth, who?
A. Jesing Valdez, sir.Q. While Joel Temporal was on top of you, do you know where [were] Boy Domingo, Benedicto Pedro, Heherson Rivera and Jesing Valdez?
A. While Joel Temporal was on top of me, sir, Boy Domingo was holding my hands and Benedicto Pedro was holding my feet.Q. What about Jesing Valdez and Heherson Rivera that time while Joel Temporal was on top of you, do you know what were they doing?
A. They were guarding my husband, sir.Q. Do you know where was your husband when Joel Temporal was on top of you?
A. He was near our house, sir, I was not very far from [the] place.Q. You said that the second person who raped you was Boy Domingo. When Boy Domingo was on top of you, do you know where x x x Joel Temporal, Benedicto Pedro, Heherson Rivera and Jesing Valdez were?
A. When Boy Domingo was on top of me, sir, they went again to my husband.Q. Can you tell us the distance between the place where you were b[e]ing raped [and] the place where your husband was being guarded by Heherson Rivera and Jesing Valdez, when you were being raped by Joel Temporal?
A. The distance [was] five (5) meters, sir.Q. After you were raped by the fourth man, Jesing Valdez, tell us what happened?
A. When Jesing Valdez was through, my husband came and embraced me and there was a light coming, sir.Q. Before you noticed a light from a distance coming, do you know what did these five (5) persons do after they raped you?
A. I saw them carrying chickens and turkey, sir.Q. Where did these persons, who were carrying chickens and turkey, go after you saw th[e]m in that situation?A. They were going out and left, sir.”[25]
xxx xxx xxx | ||
‘2. | The penalty of reclusion temporal in its medium period to reclusion perpetua, when the robbery shall have been accompanied by rape or intentional mutilation, or if by reason or on occasion of such robbery, any of the physical injuries penalized in subdivision 1 of Article 263 shall have been inflicted; Provided, however, That when the robbery accompanied with rape is committed with the use of a deadly weapon or by two or more persons the penalty shall be reclusion perpetua to death.’” | |
xxx xxx xxx |