560 Phil. 185
CHICO-NAZARIO, J.:
That on or about the 26th day of September, 1999 at Barangay XXX, Municipality of YYY, Province of ZZZ, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously lay with and have carnal knowledge of the offended party, AAA, a minor, three (3) years of age, against her will.The case was docketed as Criminal Case No. 6467-G.
ATTY. GUERRERO: (DIRECT EXAMINATION)The prosecution presented, as its third witness, Dr. Mislang, Medical Officer III, WWW Island District Hospital, WWW, Province of ZZZ. Dr. Mislang testified that on 26 September 1999, AAA was brought to the Alabat Island District Hospital where she was examined by the witness. To fully appreciate the degree of injury sustained by AAA, the testimony of Dr. Mislang is heretofore quoted, viz -
Q Is AAA your sister?
A Yes, sir.
x x x x
Q Tanda mo iyan? Sino `yan?
INTERPRETER:
Counsel pointed to a person inside the chamber.
WITNESS:
A Sonny.
ATTY. GUERRERO:
Q Kilala mo iyan ano?
A Oo.
Q Taga-saan si Sonny?
A Sa bahay nila.
PROSECUTOR MATA:
Q Saan ang bahay nila?
A Ewan ko. Hindi ko alam.
Q Pero nakikita mo siya noon?
ATTY. GUERRERO:
Q Nakikita mo siya noon? Tanda mo noon? Your Honor, it would be very difficult to take the stenographic notes. May we ask that the proceeding be recorded, the testimony of the witness.
INTERPRETER:
On record already.
ATTY. GUERRERO:
Q Nakita mo na si Sonny noon ano?
A Oo.
Q Saan mo nakita?
A Sa sukalan.
Q Saan yong sukalan? Malapit sa bahay ninyo?
A Malayo.
Q Sinong kasama niya sa sukalan?
A Si AAA.
Q Sino si AAA? Si AAA ba ay kapatid mo?
A Oo.
Q Anong ginagawa ni AAA noong dinala sa sukalan? Umiiyak ba si AAA?
A Mama.
Q Sumisigaw ng Mama?
A Mama.[11]
CCC, continuing her testimony, under the same oath:
ATTY. GUERRERO:
Your Honor, we are ready to present witness CCC for clarificatory questions from the Court, after which, we will present the victim, AAA.
COURT:
The Court hereby notes and acknowledges the manifestation of Asst. Provincial Prosecutor Elizabeth M. San Juan-Mata giving authority to the private prosecutor.
Q You remember what you said? You said you saw AAA at the sukalan. How were you able to see AAA at the sukalan?
INTERPRETER:
The witness made a sign by shaking her head left and right.
COURT:
Q Where were you when you saw AAA?
A I was playing, Your Honor.
Q How far were you from AAA when you saw her? Malayo?
A Only near, Your Honor.
Q Gaano kalapit?
A There, Your Honor.
INTERPRETER:
Witness indicated a distance from the place where she is sitting up to the window which distance, upon stipulation between the parties, is estimated to be three (3) meters.
COURT:
Q When you saw AAA, was it nighttime or daytime?
A Morning, Your Honor, umaga.
CCC, under the same oath, continuation of her direct examination, testified as follows:
ATTY. GUERRERO:
For the record, Your Honor, the witness nodded when called the name CCC.
COURT:
Proceed.
ATTY. GUERRERO: (CONTINUATION OF DIRECT EXAMINATION)
Q: Di ba kapatid mo is AAA?
A: Yes, sir.
Q: Do you remember said last hearing that AAA is your sister?
A: Yes, sir.
Q: And then you said that you saw AAA, that Sonny brought AAA to the "Sukalan", shrubby place?
A: Yes, sir.
INTERPRETER:
The witness answer just nodding her head.
ATTY. GUERRERO:
Q: When AAA was brought by Sonny to the "sukulan" did you see that Sonny placed himself on top of AAA?
A: Yes, sir.
INTERPRETER:
Witness nodded her head.
ATTY. GUERRERO:
Q: When Sonny placed himself on top of AAA, he was not wearing his pant?
A: Yes, sir.
INTERPRETER:
Witness nodded.
ATTY. GUERRERO:
Your Honor, for the record, when asked the witness the question, she answered by making a groan.
Q: And then you said you call your mother?
INTERPRETER:
The witness answered by nodding.
ATTY. GUERRERO:
Q: Do you know what is "pipi"?
INTERPRETER:
She shake her head left and right and it means, No, sir.
ATTY. GUERRERO:
Q: When Sonny placed himself on top of AAA, AAA was crying?
INTERPRETER:
The witness nodded.
ATTY. GUERRERO:
Q: And did you see Sonny did to AAA?
A: Yes, sir.
Q: Did you see him moving up and down?
INTERPRETER:
The answer of the witness is also by nodding.
ATTY. GUERRERO:
Q; Did you see AAA where brought?
A: Yes, sir.
INTERPRETER:
The witness answer by nodding.
ATTY. GUERRERO:
Q: Where? In what part AAA was brought?
INTERPRETER:
The answer of the witness, by pointing the place where the Judge is.
ATTY. GUERRERO:
Q: Did you report the matter to your father or mother?
A: To my Papa.
Q: Was that in the morning?
A: In the morning?
Q: Did you report that matter to your father?
INTERPRETER:
The witness nodded.
ATTY. GUERRERO:
I have no further question.
COURT:
Cross?
ATTY. HASIM:
With the kind permission of the Honorable Court.
COURT:
Proceed.
ATTY. HASIM: (CROSS EXAMINATION)
Q: How long have you known this Sonny Rentoria?
A: Already lately, sir.
Q: Where did you come to know Sonny?
A: He used to go to our house, sir.
Q: When Sonny brought AAA, are you with them?
A: No, sir.
Q: Where were you then? Were you in the house?
A: Yes, sir.
INTERPRETER:
The witness nodded her head.
ATTY. HASIM:
Q: Where did you see AAA when brought?
A: At the "sukalan", shrubby place.
Q: Was it far from your house?
A: Yes, sir.
INTERPRETER:
By nodding.
ATTY. HASIM:
Q; Were you far from the two (2)?
A: Near, sir.
Q: What did you do when you saw the she was brought by Sonny?
A: None, sir. I got sleep.
ATTY. HASIM:
I think that will be all with the witness.
PROSECUTOR MATA:
Q: CCC, when AAA was at the "sukulan", where were you then?
A: I was sleeping.
Q: How did you see AAA?
A: Yes, Mam.
INTERPRETATION:
Witness nodded.
PROSECUTOR MATA:
Q: Were you sleeping then?
A: I was awake, Mam.
Q: Where were you when you said you were awake?
A: No, Mam.
COURT:
Q: Where did you see AAA when she was brought?
A: At the shrubby place, Your Honor.
Q: You said you were sleeping, how did you see AAA was brought?
A: (No answer.)
ATTY. GUERRERO:AAA, the victim, was the last witness presented by the prosecution. At the time that she took the witness stand, she was already five years old. She stated that:
Q The pertinent physical examination is?
A Pertinent physical examination is positive second degree, vaginal and perineal laceration located at 6:00 o'clock position.
Q Could you please explain what is positive second degree, vaginal and perineal laceration?
A When we locate laceration in the vagina, Your Honor, inaano po naming sa parang sa relo, Your Honor. When you say as 6 o'clock position most probably, for example this is 12 o'clock; 3 o'clock; 9 o'clock and a 6 o'clock, here, when we say 6 o'clock position it is most probably located here, sir.
INTERPRETER:
Witness demonstrated the 6 o'clock position.
ATTY. GUERRERO:
Q What do you mean by vaginal perineal laceration?
A The laceration Your Honor, extends not only in the vagina but also the perineum, sir.
Q What is perineum?
A The laceration is located between the vagina and the anus.
Q You are saying that the laceration suffered by AAA was incurred not only in the vagina but extended between the vagina and the anus?
A Yes, sir.
Q And what is the significance of this PPE that you mentioned?
A The significance Your Honor, is that we are indicating the degree that the vagina has penetrated by a certain object, Your Honor.
Q Could you please tell the Court what likely is this object penetrating the vagina of the victim?
A A solid object penetrating the vagina as claimed by the relatives, most probably it is the penis, sir.
Q As a consequence of this incident Doctor, the victim was confined?
A Yes, sir.
Q When the victim was first brought to Alabat Island District Hospital, could you please narrate what was the condition, the emotional and mental condition of the child at the time you first saw her?
A As I remember, she was so afraid and frightened.
Q What about her vagina Doctor?
A The vagina was full of blood and oozing with blood, sir.
Q What was done to stop the bleeding?
A I did a suturing of the vagina, sir. Before I sutured, I isolated the parents so that I can calm the patient before I sutured her, sir.
Q You administered sedation to AAA?
A Yes, sir.
Q The reason was?
A Because she was frightened, sir.
Q She was crying?
A Yes, sir.
Q Was she shouting?
A Not necessarily shouting, but she was afraid, sir, to the people going near her.
Q Who was with her who brought her?
A I think the mother or a lady, sir. I don't know if the mother but a lady was a companion.
Q When you saw her?
A Yes, sir.
Q Why do you have to confine the victim Doctor?
A Because first of all Your Honor, the condition of the patient is frightened, second, because of the bleeding of the laceration which ahs to be observed and because of the medication.
Q Doctor, the laceration that was suffered by the victim, could you please tell the Court if this is severe and that a medical attention is not timely administered, something will happen to the victim?
A Yes, sir.
Q And what could have happened to this patient?
A The patient might die because of the kind of laceration. She could die of infection, hemorrhage or bleeding.
ATTY. GUERRERO:
THANK YOU, Doctor. At this point Your Honor, may we ask that the medico legal certificate be marked as Exhibit A and the signature of Dr. Virgilio T. Mislang be bracketed and marked as Exhibit A-1.
COURT:
Let it be marked. (MARKED)
ATTY. GUERRERO:
That is all, Your Honor.
COURT:
Any cross?
ATTY. HASIM:
Cross examination, Your Honor.
COURT:
Proceed.
ATTY. HASIM: (CROSS EXAMINATION)
Q Doctor, when you went to the place where this AAA was in order to treat her on September 26, 1999, was she already there in the hospital?
A Yes, sir.
Q You did not ask for how long the patient was there?
A Of course I asked the relatives, sir.
Q And they told you for how many minutes the patient was waiting for the doctor?
A They stated the time. It was probably happened the approximate time.
Q The incident happened?
A Yes, sir.
Q How about the victim?
A I did not ask her, sir.
Q You did not ask the accompanying persons?
A I did not but I have it recorded in the hospital.
Q We will not asking that. From whom did you come to know that the victim sustained that injury because she was raped?
A From the relatives, sir.
Q You did not take her name?
A I have taken her name, sir. It is in the hospital record.
Q Did you try to ask from what place the victim come from?
A I try, sir.
Q Where?
A As stated Your Honor, from XXX.
Q What do you mean to say second degree perineal laceration?
A It was a second degree laceration in the vagina, sir.
Q When you said it is located at 6 o'clock, it is located perpendicular down?
A Yes, sir.
Q Now, what may be the probable cause of this laceration?
A Penetration of something solid object was inserted in the vagina, sir.
Q Could it be possible an empty bottle inserted in the vaginal canal that will cause the laceration?
A I cannot said, Your Honor, but it was a solid object, sir.
Q When you said it is a solid, any kind of solid object will cause this kind of injury?
A Yes, sir.[12]
ATTY. GUERRERO: DIRECT EXAMINATIONWhen the time came for the defense to controvert the evidence of the prosecution, only accused-appellant testified, offering denial and alibi as his defense.[14] On direct examination, accused-appellant stated that he lives at Barangay Villa Francia, YYY, ZZZ; that he has been a resident of said barangay for twenty-three (23) years already; that prior to the date of the incident in question, he did not know where Barangay XXX, YYY, ZZZ was and how far the latter is from Barangay Villa Francia; that he does not remember exactly where he was on the date and time of the incident in question, for he did a lot of errands that day; that prior to the date of the incident in question, he did not know the victim or her mother. On cross-examination, accused-appellant reiterated that he did not know where Barangay XXX is and that he had never been to said place; that he was the only Sonny Rentoria in Barangay Villa Francia. When the court propounded clarificatory questions, contrary to his earlier statement on direct examination, accused-appellant claimed that it had only been three years since he started staying at Barangay Villa Francia; and that he is not familiar with the names of the other barangays in the area.
Thank you very much, Your Honor. May I also be allowed to ask leading questions to the witness, Your Honor?
COURT:
Considering the mentality and age of the witness, your request is granted.
ATTY. GUERRERO:
Q AAA, kilala mo si Sonny?
A Opo.
Q Sinaktan ka ba ni Sonny?
INTERPRETER:
Witness nodded her head.
ATTY. GUERRERO:
Q Saan ka sinaktan ni Sonny?
INTERPRETER:
Witness pointed on the portion of her vagina.
ATTY. GUERRERO:
I have no further questions, Your Honor. Your Honor, May I ask that the accused be brought inside the chamber for identification by the witness.
COURT:
Call the accused. (Accused Sonny Rentoria was escorted by SPO2 Danilo Saavedra).
ATTY. GUERRERO:
May I be allowed to ask another question, Your Honor?
Q Yong pipi na sinaktan ika mo ni Sonny, dumugo ba?
INTERPRETER:
The witness nodded.
ATTY. GUERRERO:
For the record, Your Honor, the witness does not want to look at the person who just entered the room.
INTERPRETER:
The accused in this case.
ATTY. GUERRERO: To witness -
Ituro mo. The witness does not like, Your Honor. Your Honor, for the record, when Counsel pointed to the accused, the witness cried, Your Honor.
COURT: To witness -
Q Nene, kilala mo si Sonny?
ATTY. GUERRERO:
The witness, Your Honor, does not even want to look at the accused. The witness is closing her eyes and does not want to look at the accused, turning away her head from the accused.
Q Yan ba si Sonny - yang nasa likod mo?
A (No answer)
ATTY. GUERRERO:
I think, Your Honor, that is because of fear on the part of the witness to the accused. With this, Your Honor, I have no further questions.
COURT;
Cross?
ATTY. HASIM: CROSS EXAMINATION
Few cross, Your Honor. May we let the accused go out of this chamber? (Accused allowed to go out of the chamber).
Q Bakit ayaw mong ituro si Sonny?
ATTY. HASIM:
The witness did not give any answer, Your Honor.
Q. Ikaw ba ay takot kay Sonny?
A The witness nodded.
Q Bakit ka takot kay Sonny?
No answer.
ATTY. HASIM:
That will be all, Your Honor.[13]
WHEREFORE, in view of all the foregoing, the Court finds the accused SONNY RENTORIA guilty beyond reasonable doubt of the crime of Statutory Rape under Articles 266-A and 266-B of the Revised Penal Code as amended by R.A. 8353 and is hereby sentenced to DEATH. He is further sentenced to indemnify the victim AAA the sum of P75,000.00 and to pay P50,000.00 as moral damages plus P50,000.00 as exemplary damages to deter others from committing same act.[15]In holding accused-appellant accountable for said crime, the RTC gave credence to the testimonies of the prosecution witnesses and held that -
Even the conscience of the Court was shaken at the sight of the 5 year old victim AAA, 3 years old at the time she was raped, who when asked to identify the accused Sonny Rentoria did not want to look at the latter instead she closed her eyes and when counsel pointed to the accused, she cried. She seemed to be so afraid of the accused.And in the end concluded that -
x x x x
The testimony of AAA albeit short of verbal ambience but complimented by her body gesture established beyond cavil that she was indeed raped by the accused.
On this score, the Supreme Court has spoken in the case of People vs. Victor, 292 SCRA 187, "The revelation of an innocent child whose chastity was abused deserves full credit." It is a reputable precept that the testimonies of rape victims who are young or of tender age are credible. Courts usually lends (sic) credence to the testimony of a young girl especially where the facts points to her having been a victim of sexual assault.
x x x x
Considering the age of the complainant-victim who was three years old when the crime was committed, it would be improbable for a girl of her age to fabricate a charge so humiliating (sic) to herself and family had she not been truly subjected to the painful experience of sexual abuse.
If the victim herself AAA failed to point in blank (sic) the accused in Court for she cowered in fear at the sight of the accused. AAA's failure to point in blank (sic) to accused to identify him categorically in open court was supplanted by her sister CCC who positively identified the accused as the rapist of her sister AAA.
x x x x
The testimony of BBB, the mother of AAA, corroborates the testimony of her daughter CCC x x x.
x x x x
The cause (sic) of the prosecution in establishing the guilt of the accused was strengthened and buttressed by the testimony and medical findings of Dr. Virgilio T. Mislang establishing beyond cavil that there was penetration of solid object on (sic) the vagina of the victim AAA most probably a penis x x x.[16]
[T]he evidence adduced by the prosecution is overwhelming against the sham and pretended innocence of the accused and has established with moral certainty the guilt of the accused of the offense of statutory rape charged against him.In view of the death penalty imposed by the trial court, the case was automatically elevated to this Court for review. Conformably with People v. Mateo,[18] however, in a Resolution dated 21 September 2004,[19] we directed the transfer of this case to the Court of Appeals for intermediate review.
[T]here is not an iota of doubt in the mind of the Court that accused is guilty of statutory rape. Indeed, prosecution succeeded in overcoming the presumption of innocence of the accused guaranteed by the constitution.[17]
WHEREFORE, the Decision of the Regional Trial Court of Gumaca, Quezon (Branch 61), dated June 25, 2002, in Criminal Case No. 6467-G finding appellant Sonny Rentoria guilty beyond reasonable doubt of qualified rape and imposing upon him the death penalty is AFFIRMED, with the MODIFICATION that the award of moral damages is increased to Seventy-Five Thousand Pesos (P75,000.00) and the exemplary damages is reduced to Twenty-Five Thousand Pesos (P25,000.00). The decision is further AFFIRMED insofar as it awarded civil indemnity in the amount of Seventy-Five Thousand Pesos (P75,000.00). Costs de oficio.The present case is again before us for our final disposition.
In accordance with Section 25 of Republic Act No. 7659, amending Article 83 of the Revised Penal Code, in case of finality of this decision, let the records of this case be forthwith forwarded to the Office of the President for possible exercise of the pardoning power.[20]
THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIME OF RAPE WHEN HIS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT.[21]Essentially, it is accused-appellant's contention that the evidence presented by the prosecution was not sufficient to establish his guilt beyond reasonable doubt as the perpetrator of the crime charged. In his Brief, he avers that "the testimonies of the prosecution witnesses shows (sic) that the only direct evidence that would link the accused-appellant to the crime charged is the testimony of CCC."[22] He points to an alleged discrepancy or contradiction, however, to impeach CCC's testimony as flawed so as not to carry weight sufficient to sustain his conviction. He claims as a material inconsistency the testimony of CCC on cross-examination wherein she claimed to be either sleeping or playing when the alleged crime was being committed. Particularly, he argues that -
Although the latter stated that she saw the accused-appellant take AAA to the "sukalan" and that the accused-appellant performed some acts tantamount to sexual intercourse with the victim, she contradicted herself on cross-examination when she declared that she was either sleeping or playing when the alleged crime was being committed.[23]Accused-appellant, thus, maintains that the significant discrepancies in the sole direct evidence showing him to be the perpetrator of the crime charged is tantamount to reasonable doubt respecting his legal culpability thereto. And there being reasonable doubt, his constitutionally guaranteed right to be presumed innocent was not overcome.
CCC testified that she was able to remember and even repeatedly identified Sonny Rentoria as the man she saw in the sukalan. She related that the appellant, who was not wearing any pants, placed himself on top of AAA, removed AAA's panty, and moved up and down on her sister (AAA) who was crying during this sequence of events.[24]Moreover, that CCC has a late mental development affects neither the veracity of her testimony, nor her credibility as a witness. The OSG further emphasizes that the RTC judge had the occasion to observe the demeanor of said witness and was satisfied that CCC was qualified and credible to give a testimony in furtherance of the prosecution's cause. It contends further that -
In this case, Sonny Rentoria did not object to the presentation of CCC as witness for the prosecution despite the information given in the chamber hearings regarding the child's late mental development. Calibration of this witness' credibility is best left to the discretion of the trial judge, who was able to observe her demeanor while testifying [citation omitted]. Absent any showing that the trial judge abused his discretion, his findings that CCC is a qualified and credible witness should not be disturbed [citation omitted].[25]Considering the preceding arguments and counter-arguments, the threshold issue in this case, therefore, is whether or not the prosecution was able to prove the guilt of accused-appellant beyond reasonable doubt on the basis of the testimonies of the prosecution witnesses.
Art. 266-A. Rape, When and How Committed. - Rape is committed -From the above provisions of the law, there is rape when an accused has sexual intercourse with a victim "under twelve years of age" even if any of the circumstances enumerated under paragraph (1) is absent. This is called Statutory Rape.[26] And under the terms of Article 266-B of the same law, to wit -
1) By a man who shall 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 is otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority;
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;
Art. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.statutory rape is punishable by reclusion perpetua. But the same article of the law also provides the imposition of a higher penalty, i.e., death.[27] It reads further:
The death penalty shall also be imposed if the crime of rape is committed with any of the following aggravating/qualifying circumstances:Hence, from the foregoing, the death penalty shall be imposed in the crime of rape if any of the qualifying circumstances mentioned in Article 266-B is present in the commission of the crime. Qualifying circumstances are aggravating circumstances, which, by express provision of law, change the nature of the crime to a higher category.[28]
x x x x
5) When the victim is a child below seven (7) years old.