405 Phil. 173
QUISUMBING, J.:
"Venus Addato claimed on the witness stand that during her stay at Brgy. Puelay, Villasis, Pangasinan, in the house of her step-father, Loreto Cuadro, mother, brother, half-sisters and half-brothers, sometime in the month of May, 1992, her step-father, Loreto Cuadro, on five (5) occasions, at intervals of one day after each incident, had sexual intercourse with her by inserting his penis in her vagina. Venus narrated further that each time she was raped by her said stepfather, it was in their house, after lunch when her brothers and sisters were playing in the houses of their neighbors, her mother was selling corn at Carmen, Rosales, Pangasinan, and it was only the two of them inside the house. (TSN, 15 December, 1992, pp. 6-7).The defense, on the other hand, presents the following version:
Going into detail, Venus testified that the first time she was raped by her stepfather, he armed himself with a kitchen knife. It was in their house after lunch, her mother was not home as she was selling corn in Carmen, and her brother and sisters were in the neighboring houses, playing. Her stepfather first inserted his penis into her mouth. Then, he inserted his penis into her vagina. He told her that if she would report the incident to her mother, he would kill her. She did not resist because she was afraid he might kill her as he was drunk. (TSN, supra, pp. 6-7).
The second incident took place after an interval of one day, again in their house, when she had no companion, her step father raped her. He did not have the knife, he did not say anything or warn her. The third time her step-father raped her was also one day later, after lunch, she did not resist because she was afraid he might kill her as he again had the kitchen knife, 6 to 8 inches long, which he got from the kitchen. The fourth time she was raped by her step-father, a day later, after lunch, in the house, he was not armed, he did not say anything thereafter, he did not warn her that he would be killed if she reported the matter to her mother. On the fifth occasion that her stepfather raped her, he was not armed, he did not warn her. (TSN, supra, pp. 8-10).
Cherry Diaz, wife of a brother of Venus Addato's mother, with whom Venus lived with her grandmother in Tubor, Malasiqui, during school days, testified that sometime in June 1992 she observed Venus to be restless, so she asked her what was wrong with her, and, trembling, Venus said that she was afraid because the accused might kill her. She confided that she was sexually abused by her stepfather Loreto Cuadro, five (5) times, once every other day. Cherry Diaz forthwith reported the matter to her mother-in-law, Alberta Diaz, Venus' grand-mother who investigated Venus about the report."[1]
"The accused, Loreto Cuadro, 46 years old, put up the defense of denial, admitting that he is a live-in-partner of Lolita Diaz (Addato-Cuadro), that they live in their house in Puelay, Villasis, Pangasinan, with their five (5) children, the oldest being 10 years old and the youngest 2 years old, and a stepson 14-year old Rex Addato, son of Lolita with her husband, that Venus Addato is his step-daughter, being another child of Lolita, and that Venus was then living with her grandmother, Alberta Diaz in Brgy. Tubor, Malasiqui, Pangasinan where she goes to school. Further, he claimed that in the month of May 1992 he and Lolita were engaged in gold panning in the Agno River near the Carmen, Rosales bridge, going to the river at 6:00 A.M. and going back home at 2:00 P.M., taking their lunch in the river.On July 6, 1992, the victim, accompanied by her aunt Cherry Diaz, filed against appellant a Criminal Complaint[3] for rape with the Municipal Circuit Court of Villasis, Pangasinan. On July 20, 1992, after conducting preliminary investigation, the circuit judge issued a Resolution[4] finding a prima facie case for rape and forwarded the records to the Provincial Prosecutor of Lingayen, Pangasinan.
Accused Loreto Cuadro denied, on direct examination and cross-examination, that Venus Addato ever visited or stayed in his house at Puelay, Villasis in the month of May, 1992 (TSN, 28 April 1993, p. 5; ibid, p. 10). And, he vehemently denied that he raped Venus or did anything to her (ibid., pp. 6-7).
The accused's defense of alibi was corroborated by his live-in partner Lolita, step-son Rex and his `Cabo' in his job as jueteng collector, to the effect that said accused and his live-in-partner were gold panning during the month of May 1992, they left their house at 6:00 o'clock in the morning, stay at the river gold-panning continuously up to 2:00 o'clock in the afternoon when they went home, with the accused never having gone home before 2:00 P.M., and thereafter the accused went around collecting jueteng bets in the neighborhood. Rex Addato added that he was also a jueteng collector but he collected bets right at the yard infront of their house where the bettors went to place their bets and did not notice his sister, Venus, being abused by their step-father.
Adding her two-cents worth, Lolita Diaz (Addato-Cuadro), claimed that she cooked the family's breakfast and lunch in the morning before leaving for the river to pan gold, when she and her husband (accused) returned home from the river at 2:00 PM, she washed the clothes of the family in their house because Venus was very lazy, that she never sold corn at the Carmen bus terminal, and there was no way for the accused to have raped her daughter.
Not to be outdone, Rosendo Oliveras, neighbor and `Cabo' of the accused in jueteng who claimed to be roaming around the premises of the house of the accused, as jueteng `cabo', collecting bets from jueteng collectors from 9:00 o'clock in the morning to 12:00 noon when the numbers are drawn, that the house of the accused, which is a little nipa hut, was then under repair in the month of May and that persons inside the house could be seen from the outside, that usually between 12:00 noon and 5:00 PM, the children of Lolita were watching television in his house with Venus Addato watching over her half-brothers and half-sisters, that Venus could not have been raped by her step-father because she was only 12 years old and no blood came out from her private part. (TSN, 8 March 1993, pp. 9, 15-16, 18.)"[2]
"The undersigned upon verified complaint of Venus D. Addato, a minor of 12 years, hereby accuses LORETO CUADRO y OBEDOZA of the crime of RAPE, committed as follows:Upon arraignment, appellant entered a plea of not guilty.[6]That on or sometime on May, 1992 in barangay Puelay, municipality of Villasis, province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, [being the step father of the complainant], armed with a bolo, by means of force and intimidation, did then and there, wilfully, unlawfully and feloniously have sexual intercourse with Venus D. Addato against her will, to her damage and prejudice.CONTRARY to Article 335 of the Revised Penal Code.
Lingayen, Pangasinan, October 13, 1992."
"WHEREFORE, the accused, Loreto Cuadro y Obedoza, alias `Pijok', is hereby found guilty beyond reasonable doubt, of the crime of Rape, in five (5) counts, defined and penalized under Article 335 of the Revised Penal Code, under Criminal Cases Nos. L-4711, L-4712, L-4713, L-4714 and L-4715, and he is hereby sentenced to suffer the penalty of five (5) imprisonments of reclusion perpetua, to indemnify the offended party, Venus Addato in the amount of P30,000.00, and to pay costs.Hence, the present appeal. Appellant contends that the trial court erred in - [15]
The accused is hereby acquitted of the crime charged under the Information filed in Criminal Case No. L-4716.
SO ORDERED."
In his brief,[16] appellant contends that the trial court erred in not giving weight to his defense of denial and alibi considering that it was corroborated by the testimony of his common-law wife as well as of his step-son and fellow jueteng collector. Appellant argues that these testimonies raised reasonable doubt at the very least, and should have entitled him to an acquittal.
- ... GIVING FULL FAITH AND CREDENCE TO THE TESTIMONY OF COMPLAINING WITNESS AND IN NOT ACQUITTING ACCUSED-APPELLANT ON GROUND OF REASONABLE DOUBT.
- ORDERING ACCUSED-APPELLANT TO INDEMNIFY THE OFFENDED PARTY IN THE AMOUNT OF P30,000.00 AND TO PAY THE COSTS.
"First, the appellate court will not disturb the factual findings of the lower court unless there is a showing that it had overlooked, misunderstood, or misapplied some fact or circumstance of weight and substance that would have affected the result of the case;In this case, the victim's actuations after the rape and her testimony during trial bear the earmarks of a credible witness. As held in People v. Lamarroza,[18] the conduct of the victim immediately following the alleged assault is of utmost importance in establishing the truth or falsity of the charge. The aunt of the victim, Cherry Diaz, testified that when the victim told her about the rapes, the victim was trembling and crying, and did not want to report the matter to the authorities because appellant threatened to kill her.[19] Further, the young victim consistently narrated her ordeal to her other close relatives, namely her aunt, Cherry Diaz; and her grandmother, Alberta Diaz. She willingly executed a sworn statement narrating the rapes. She recounted her story candidly during trial. She remained steadfast when she was subjected to rigid cross-examination by the defense. All throughout, the victim maintained that appellant had repeatedly raped her in the month of May, 1992. Indeed, no person would subject herself to the humiliation of a rape trial, with the attendant embarrassment of a medical examination and the stigma of a sexual assault, unless the accusation be true.[20] In rape cases, the accused may be convicted solely on the testimony of the victim, provided such testimony is credible, natural, convincing and consistent with human nature and the normal course of things.[21]
Second, the findings of the trial court pertaining to the credibility of witnesses are entitled to great respect since it had the opportunity to examine their demeanor as they testified on the witness stand; and
Third, a witness who testified in a categorical, straightforward, spontaneous and frank manner and remained consistent on cross-examination is a credible witness."
SEC. 2. Rape as a Crime Against Persons. ...[27] TSN, December 15, 1992, p. 9.
"Article 266-A. Rape; When and How Committed.-Rape is Committed-
"1) By a man who have carnal knowledge of a woman under any of the following circumstances:
"a) Through force, threat or intimidation;
"b) When the offended party is deprived of reason or otherwise unconscious;
"c) By means of fraudulent machination or grave abuse of authority; and
"d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
"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."