370 Phil. 128
MELO, J.:
The undersigned complainant, who is a minor of 16 years of age, single, herein assisted by her grandmother, Mrs. Librada Ratunil, after being duly sworn to law, hereby accuses her father AMADO SANDRIAS JAVIER, who is detained under Illegal Possession of Firearm charge, of the crime of RAPE, committed as follows:The two other complaints were identically worded as the above complaint except that they respectively charged that the rape therein alleged occurred in November and December 1994.That in or about October 20, 1994, at more or less 1 o'clock in the afternoon, at Zone 5, Baikingon, Cagayan de Oro City, Philippines, and within the jurisdiction of the Honorable Court, the above-named accused, as father of herein complainant, by means of force, violence, and intimidation, while inside our dwelling house at the afore-mentioned place, and when said accused and herein aggrieved party were alone in their said dwelling house as the undersigned aggrieved-party-complainant's mother was out doing laundry work as a laundry woman, held and pulled undersigned complainant to accused's bedroom in said dwelling house and as the undersigned refused, wrestled and shouted for help, accused boxed and hit undersigned's stomach to unconsciousness and did then and there, against complainant's will and consent, wilfully, unlawfully and feloniously have carnal knowledge of the undersigned who noticed upon regaining consciousness that she was already stripped of her pairs of panty and pants and feeling extreme pain of her private parts, and then and there accused threatened the undersigned of death if undersigned complainant would reveal the incident to undersigned's mother or to anybody else, thus, resulting to undersigned's pregnancy as examined and found out by the doctor, all against the will and consent of the undersigned, to her great damage and prejudice.(p. 7, Rollo.)
Contrary to and in Violation of Article 335 of the Revised Penal Code, as amended by Section 11 of Republic Act No. 7659.
At about 1:00 o'clock in the afternoon of October 20, 1994, while her mother was out doing some laundry for neighbors, thus she and the accused were left alone in their house at Zone 5, Baikingon, Cagayan de Oro City, and while she was at the porch of their house, accused called for her to the conjugal room and while thereat grabbed her right hand. She shouted for help but nobody came to her rescue from neighbors, the nearest of whom was about 60 meters away. Accused continued his sexual assault on her by boxing her abdomen resulting to her unconsciousness. When she regained consciousness, she felt pain in her vagina which was bleeding and wet with some sticky fluids. She cried but was warned by the accused that should she make an outcry and report the incident to her mother, he will kill her. Out of fear, and knowing that accused has a handgun, she held her outcry.Julia's grandmother, Librada Vda. De Ratunil, corroborated Julia's story and narrated that on March 15, 1995, Julia arrived at her house and upon knowing the things that happened to her granddaughter, she wrote Julia's mother, Emma, her daughter, and informed her of the matter. They decided to report the matter to the police authorities at the Bulua Police Station in Cagayan de Oro City where they executed the complaints (tsn, October 11, 1995, pp. 19-20).
Parenthetically, the accused was also charged of Illegal Possession of Firearm in Criminal Case No. 95-141 committed on March 20, 1995 also raffled to this branch, to which he pleaded guilty and was sentenced accordingly on May 8, 1996.
Complainant further declared that applying practically the same force and intimidation and about the same time (1:00 P.M.) and again while complainant's mother was out doing some laundry for neighbors, accused repeated the sexual assault on her on November 18, 1994 and December 19, 1994.
Complainant testifying further declared that she has three older brothers and a sister. That she is the youngest and the only one who lived with her parents. Her three older brothers lived in Manila, Cotabato and the last one with her grandmother, Vda. De Librada Ratunil.
Out of fear, she kept the incident to herself until she felt some unusual pain in her body and when she can no longer manage said situation, she finally broke her silence by going to her grandmother, Librada Vda. De Ratunil at 165 Capistrano Street, Cagayan de Oro City in the evening of March 15, 1995. She was asked by her grandmother about the author of her pregnancy, she answered that it was her father, the herein accused.
Complainant on cross examination, admitted having a sweetheart and were engaged for one year already prior to the incident. Her sweetheart, whom she identified as Michael Apduhan pays her a visit at times but on Saturday afternoon only with her mother around. Consequently, there was no occasion that she met her sweetheart alone for either her mother is around in the house or went out with her sweetheart with her "barkada" during disco dances on the eve of fiestas.
(pp. 24-26, Rollo.)
GENITAL EXAMINATIONMeanwhile, the Department of Social Welfare and Development (DSWD) took custody of Julia who gave birth to a baby boy on August 22, 1995 but whom she would like to put up for adoption because he is a reminder of what her father did to her (tsn, Oct. 11, 1995, pp. 14-15).
Pubic hairs, fully grown, abundant. Labiae mejora and minor, both gaping. Fourchete, moderately lax. Vestibular mucusae, violaceous and with engorded veins. Hymen, tall, thick, fleshy, with old healed complete laceration at 9:00 o'clock position, and an old healed deep incomplete lacerations at 6:00 non-coaptable. Hymenal orifice, originally annular, admits a glass tube of 2.5 cms. Diameter with slight resistance. Vaginal walls, lax; rugosities obliterated. Uterus, enlarged with palpable fundus and with a fundic height of 12 cms. (between the umbilicus and sumphysis pubs). Cervix, soft, non-tender, enlarged, bluish-purpole. Light yellow muccoid cervical discharge is noted.
CONCLUSIONREMARKS:
- Genital findings present, compatible with sexual intercourse with man on or about 20 October 1994 as alleged and subsequently thereafter.
- Probable signs of pregnancy present, consistent with the early part of the second trimester of pregnancy,
Pregnancy Test gave + sign.
(pp. 23-24, Rollo.)
WHEREFORE, the Court hereby finds the accused guilty beyond reasonable doubt of the crime of RAPE in Criminal Case No. 95-136 defined and penalized by Art. 335 of the Revised Penal Code as amended by R.A. No. 7659, and hereby sentences him to death and in Criminal Cases Nos. 95-147 and 95-148 finds him guilty of Qualified Seduction under Article 337 of Paragraph 2 of the Revised Penal Code and sentences him to an indeterminate penalty in each case of (5) years, (5) months and (11) days of Prision Correccional as minimum to (6) years, (8) Months and 20 days of Prision Mayor as maximum and to indemnify the offended party the sum of P50,000 as moral and exemplary damages, to support the child until he shall have reached the age of majority and to pay the costs.Accused-appellant assails said judgment and anchors his appeal on the general and catch-all argument that the trial court erred in convicting him despite the failure of the prosecution to prove his guilt beyond reasonable doubt.
The accused is further ordered to recognize and acknowledge the said child as his son.
SO ORDERED.
(p. 35, Rollo.)
More importantly, the aggressor was none other than her father with whom she lived. Thus, not much explanation is needed to understand the prolonged silence of the victim.
x x x x Q: And you said you cried, what happened? A: I kept on crying and he came to me and admonished me that he will kill me if I will report the matter to my mother. Q: And when he warned you that he will kill you if you report the matter to your mother, what did you feel? A: I was not able to reveal to my mother because I know that he has pistola in his possession. x x x x (tsn, September 27, 1995, p. 10)
While the court is convinced that there was sufficient force and intimidation employed by the accused in committing sexual intercourse on complainant in the October 20, 1994 incident, it entertains some doubts about the degree of force and intimidation as would warrant a finding of rape for the sexual intercourses committed on November 18 and December 19, 1994.The trial court proceeded to convict accused-appellant merely of qualified seduction under Article 337 of the Revised Penal Code in the aforementioned cases.
(p. 34, Rollo.)
The above testimony plainly shows how accused-appellant took advantage of his moral ascendancy over complainant despite her struggle and resistance.
Prosecutor Tagada
Q: After you shouted, what happened? A: My father boxed my stomach or abdomen "kuto-kuto."
Q: After your stomach or abdomen was boxed by your father the accused in this case, what happened to you? A: I lost consciousness. Q: Now when you regain(ed) consciousness what happened? A: I noticed that I have no more short pants and panty. Q: What else did you notice? A: I felt pain at my vagina. Q: What else? A: And my vagina was bleeding. Q: What else did you observe? A: I cried.
Q: Aside from the bleeding oozing from your vagina, what else did you observe? A: I noticed that there was something when I touched - there is sticky fluids. Q: And you said you cried, what happened? A: I kept on crying and he came to me and admonished me that he will kill me if I will report the matter to my mother. Q: And when he warned you that he will kill you if you report the matter to your mother, what did you feel? A: I was not able to reveal to my mother because I know that he has pistol in his possession. Q: Did you report when your mother came, did you report the incident? A: I did not.
Q: Now that happened on October 20, 1994 after same date, what happened next? A: There was something that happened to me after October 20, 1994 to December. Q: December of 19? A: 1994. Q: What did your father do to you after that incident of October 20, 1994 to December 19, 1994? A: He again raped me. Q: And what time your father raped you again?
A: At 1:00 o'clock in the afternoon more or less. Q: Why, do you know the reason? A: Because that was the schedule when my mother wash(es) clothes. Q: How about in the month of November 1994? A: He again raped me. Q: What date in November? A: November 18. Q: The time is? A: 1:00 o'clock in the afternoon. Q: And the place is ? A: At Baikingon.
Q: Where at Baikingon? A: At Zone 5 in our house. Q: Will you please narrate to the Honorable Court how did your father rape you on November 18, 1994? A: He again called me at their conjugal bedroom of my mother. Q: What happened when he called you? A: I refused to do so but there is nothing I could do because nobody heard my shout. Q: After you shouted? A: He again boxed my abdomen.
Q: What happened when you were boxed by your father? A: I was unconscious. Q: When you regained consciousness, what did you observe? A: I don't have panty anymore and no short pants. Q: What else did you discover? A: I felt pain in my vagina. Q: And what else happened? A: Blood was oozing with my vagina. Q: What happened after that? A: When I touched my vagina, there was a sticky fluid. Q: What did you feel, tell us if any? A: He frightened me that if I will tell everything to (an)other person I will be killed. Q: And when your father frightened you, what did you feel? A: I was afraid because I was not able to reveal to my mother, I know that he has a pistola. Q: Now, in the month of December what happened in December 1994? A: About the end of December.
Q: What about in December 1994? A: He again raped me. Q: Where did he rape you? A: In the same place in his bedroom. Q: Will you please narrate before the Honorable Court what happened before, what time was that? A: At 1:00 o'clock In the afternoon. Q: And who were in the house when that incident happened at the end of December 1994, who were the persons in the house? A: We were only two. Q: Where was your mother then? A: She was washing clothes. Q: Will you narrate before the Honorable court the incident leading to the rape that occurred to you the last portion of December 1994? A: Almost at the end of December 1994, I was, at around 1:00 o'clock in the afternoon, again I was raped by my father. Q: What happened at 1:00 o'clock in the afternoon at the end of the last portion of December 1994? A: At around 1:00 o'clock in the afternoon at the end of December 1994, I was again called by my father to enter his bedroom. Q: And did you enter his bedroom when you were called by your father? A: I did not. Q: What happened? A: He pulled my right hand. Q: And then after that? A: I shouted but nobody answered. Q: After that? A: My panty and my short pant were no longer in my body. Q: What did you observe? A: I felt the pain in my vagina. Q: What else did you observe? A: My whole body feel the pain. Q: After that, what else happened. Where was your father when you felt that your whole body was aching? A: My father was already outside the bedroom. Q: What did he tell you if any? A: He will kill me if I will report to anybody. (tsn, September 27, 1995, pp. 9-12)
SEC. 11. Article 335 of the same Code (Revised Penal Code, as amended) is hereby amended to read as follows:In the case at hand, the complaints stated that the rape victim is 16 years old which therefore qualified her under the aforequoted provision. However, it is significant to note that the prosecution failed to present the birth certificate of the complainant. Although the victim's age was not contested by the defense, proof of age of the victim is particularly necessary in this case considering that the victim's age which was then 16 years old is just two years less than the majority age of 18. In this age of modernism, there is hardly any difference between a 16-year old girl and an 18-year old one insofar as physical features and attributes are concerned. A physically developed 16-year old lass may be mistaken for an 18-year old young woman, in the same manner that a frail and young looking 18-year old lady may pass as a 16-year old minor. Thus, it is in this context that independent proof of the actual age of a rape victim becomes vital and essential so as to remove an iota of doubt that the victim is indeed under 18 years of age as to fall under the qualifying circumstances enumerated in Republic Act No. 7659. In a criminal prosecution especially of cases involving the extreme penalty of death, nothing but proof beyond reasonable doubt of every fact necessary to constitute the crime with which an accused is charged must be established by the prosecution in order for said penalty to be upheld. We have meticulously examined the records of the case and we are convinced that the evidence for the prosecution falls short of the required quantum of proof for the proper imposition and carrying out of the death penalty. Verily, the minority of the victim must be proved with equal certainty and clearness as the crime itself. Otherwise, failure to sufficiently establish the victim's age is fatal and consequently bars conviction for rape in its qualified form.
ART. 335. When and how rape is committed.- Rape is committed by having carnal knowledge of a woman under any of the following circumstances:x x x
x x x
x x x
The death penalty shall also be imposed if the crime of rape is committed with any of the following attendant circumstances:
1. When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim.
SO ORDERED.
- Accused-appellant is found guilty beyond reasonable doubt of three counts of crime of simple rape, and is hereby sentenced to suffer the penalty of reclusion perpetua for each count.
- Accused-appellant shall indemnify the victim for each count of rape the following: (1) P50,000.00 as civil indemnity; (2) P50,000.00 as moral damages; and (3) P20,000.00 as exemplary damages.
- The portion of the judgment of the trial court ordering accused-appellant to recognize and acknowledge the child as his son, is deleted.