557 Phil. 152
CARPIO MORALES, J.:
x x x xAt the time material to the case at bar, appellant and the private complainant, AAA, a mother of four, had been neighbors for around six years, their houses in Pinugay, San Jose, Antipolo being separated only by around three Meralco posts. AAA in fact used to buy some stuff at the store of appellant and his wife. And one of appellant's children is the godson of AAA's husband.[3] The work of AAA's husband called for him to be out of their house on weekdays and return home during weekends.
That on or about the 27th day of January, 1998, in the Municipality of Antipolo, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, with lewd designs and by means of force and intimidation did, then and there willfully, unlawfully and feloniously have sexual intercourse with [AAA], without her consent and against her will.[2]
GENERAL AND EXTRAGENITALOn the other hand, appellant's version goes as follows:
Fairly developed, fairly nourished and coherent female subject. Breasts are pendulous with brownish areola and nipples from which milky secretions could be pressed out. Abdomen is flabby and soft with strae of pregnancy. The following injuries were noted:
1) Abrasion, right scapular region, measuring 0.3 x 0.2 cm, 6.7 cm from the posterior midline.
2) Abrasion right knee, measuring 0.5 x 0.1 cm, 1.5 cm lateral to its anterior midline.
3) Abrasion, proximal 3rd of the right thigh, measuring 0.9 x 0.1 cm, 5.5 cm lateral to its posterior midline
4) Abrasion, distal 3rd of the right thigh, measuring 4.9 x 0.1 cm, 9 cm lateral to its posterior midline.
5) Abrasion, left knee, measuring 0.8 x 0.1 cm, 1.5 cm lateral to its anterior midline
6) Area of multiple abrasions, proximal 3rd of the left leg, measuring 2.4 x 1 cm, 7 cm lateral to its anterior midline
7) Area of multiple abrasions, proximal 3rd of the left thigh, measuring 11 x 10 cm, 8 cm lateral to its posterior midline.
8) Abrasion, proximal 3rd of the left leg, measuring 0.9 x 0.1 cm, 1 cm lateral to its posterior midline.
GENITAL:
There is abundant growth of pubic hair. Labia majora are full, convex and obaptated with the brownish labia minora presenting in between. On separating the same disclosed and abraded posterior fourchette and carunculae myrtiformis. External vaginal orifice offers slight resistance to the introduction of the examiner's index finger. Vaginal canal is wide with flattened rugosities. Cervix is firm and closed.
CONCLUSION:
Subject is in non-virgin state physically.
Barring unforeseen complications, it is estimated that the above injuries will solve in 5 to 7 days.
REMARKS:
Vaginal and peri-urethral smears are negative for gras negative diplococci and for spermatosoa[23]
. . . [T]he Court finds more credence [to] the declaration of the complainant as opposed to the mere denial of the accused.The trial court thus disposed in its Decision of May 5, 2004:[29]
A candid narration by a rape victim deserves credence particularly where no ill motive is attributed to the rape victim that would make her testify falsely against the accused for no woman in her right mind will admit to having been raped, allow an examination of her most private parts and subject herself as well as her family to the humiliation and shame concomitant with a rape prosecution, unless the charges are true (People vs. Sampior[,] 327 SCRA 31).
All the more in this case where the testimony of the victim was corroborated by the testimony of her son who had witnessed the sexual assault.
However, while it was proven that the sexual assault was made in full view of the victim's child, the ultimate penalty of death cannot be meted, as the information did not include such fact [sic] in the allegations.[28] (Underscoring supplied)
WHEREFORE, accused DANIEL PEREZ is hereby found guilty beyond reasonable doubt and is sentenced to suffer the penalty of Reclusion Perpetua pursuant to the provisions of Republic Act 8353.Appellant appealed to the Court of Appeals, faulting the trial court for
The accused is also ordered to pay [AAA] the amount of P50,000 as moral damages.[30]
In his brief filed before the appellate court, appellant contended that AAA's claim of having thrown the knife which he was allegedly holding and which she allegedly took from him is "unusual," for she could have used it to stab him to defend her honor or to free herself from his embrace.[32]I
x x x GIVING FULL FAITH AND CREDENCE TO THE INCREDIBLE TESTIMONY OF THE PRIVATE COMPLAINANT.II
x x x CONVICTING THE ACCUSED-APPELLANT FOR RAPE DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.[31]
WHEREFORE, the foregoing premises considered, the appealed Decision dated 05 May 2004 of the Regional Trial Court of Antipolo City (Branch 73), Province of Rizal, in Criminal Case No. 98-14590 is, as it is hereby AFFIRMED with MODIFICATION in the sense that in addition to the award of P50,000.00 as moral damages to herein private-complainant, [AAA], accused-appellant DANIEL PEREZ is also ordered to pay her P50,000.00 as civil indemnity.On appellant's appeal, the records of this case were forwarded to this Court[36] which required the parties to file their respective supplemental briefs if they so desired, within 30 days from notice. Both parties manifested that they were no longer filing supplemental briefs as the briefs they filed before the appellate court exhaustively discussed their arguments.
With costs de oficio.[35] (Emphasis and italics in the original)
In reviewing rape cases, the Court is guided by these principles: First, the prosecution has to show the guilt of the accused by proof beyond reasonable doubt or that degree of proof that, to an unprejudiced mind, produces conviction. Second, unless there are special reasons, the findings of trial courts, especially regarding the credibility of witnesses, are entitled to great respect and will not be disturbed on appeal. Third, the disposition of rape cases are governed by the following guidelines: (1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution, and (3) the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence of his defense.[37] (Italics in the original, emphasis and underscoring supplied)The credibility of the victim is, in rape cases, almost always the single most important issue.[38] If her testimony passes the test of credibility, which means it is credible, natural, convincing, and consistent with human nature and the normal course of things, the accused may be convicted solely on the basis thereof.[39] If the prosecution, however, fails to discharge the onus of proving the guilt beyond reasonable doubt of the accused, even if his defense is weak, he has the right to be freed. More than that, it is the Court's constitutional duty to acquit him.[40]
A rape charge is a serious matter with pernicious consequences. It exposes both the accused and the accuser to humiliation, fear and anxieties, not to mention the stigma of shame that both have to fear for the rest of their lives. By the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the complainant's testimony because of the fact that usually only the participants can testify as to its occurrence. This notwithstanding, the basic rule remains that in all criminal prosecutions without regard to the nature of the defense which the accused may raise, the burden of proof remains at all times upon the prosecution to establish his guilt beyond a reasonable doubt. If the accused raises a sufficient doubt as to any material element, and the prosecution is then unable to overcome this evidence, the prosecution has failed to carry its burden of proof of the guilt of the accused beyond a reasonable doubt and the accused must be acquitted.In the present case, this Court finds that the guilt of accused-appellant was not proven beyond reasonable doubt.
The rationale for the rule is that, confronted by the full panoply of State authority, the accused is accorded the presumption of innocence to lighten and even reverse the heavy odds against him. The evidence for the prosecution must be strong per se, strong enough to establish the guilt of the accused beyond reasonable doubt. In other words, the accused may be convicted on the basis of the lone uncorroborated testimony of the offended woman, provided such testimony is Mere accusation is not enough to convict him, and neither is the weakness of his defense.clear, positive, convincing and otherwise consistent with human nature and the normal course of things.[41] (Italics in the original, emphasis and underscoring supplied)
Q: After he removed your panty and shorts, what did he do?In People v. Ramos,[45] this Court found it strange for a rape victim, under threat of death, to still find time to pat her niece to sleep and then to fix her nephew's mosquito net before facing an armed aggressor demanding to have intercourse with her.
A: He fingered me.
Q: He inserted his finger inside your vagina?
A: Yes, ma'am.
Q: He fingered you while your son was crying?
A: Yes, ma'am.
Q: And your son continued crying?
A: I tried to stop my son from crying and I gave my son my breast to suck until he went back to sleep again.
Q: Your eldest son also woke up at that time?
A: Yes, ma'am.
Q: What did you do after your eldest [son] woke up?
A: I asked my eldest son not to stand up even if he knows that my youngest son is awake because [appellant] told me not to allow my son to stand up. He just continued what he was doing.
Q: So, your son saw the assailant inserting his finger to your vagina?
A: Yes, ma'am.
Q: Your son was not saying anything?
A: No, ma'am. Because we were so afraid.
Q: And this accused did not say anything to your son when your son woke up?
A: None, ma'am. But [appellant][ was telling to me what he wanted my son to do.[44] (Emphasis and underscoring supplied)
Q: But he removed his shorts and brief?From the immediately quoted account of AAA, she could have easily escaped after getting the knife had she ran fast enough since appellant could not have immediately ran after her. For by her claim, he had merely "lowered" his knee-length pair of pants to thus naturally impede his movement. When confronted with such natural, logical conclusion, AAA gave a non-responsive, vague answer by claiming that appellant was "still wearing shorts." If that were the case, however, she could not have grabbed the knife from him since, as she had earlier claimed, the chance to flee came "after the accused [had] lowered his shorts."
A: He only lowered his shorts.
Q: What kind of shorts was he wearing then?
A: The shorts was up to his knees.x x x x
Q: You were only [able] to get that knife after this accused lowered his shorts?
A: Yes, ma'am.
Q: Cons[i]dering that he was not totally or he has not totally removed his shorts but only lowered it up to his knees?
A: Yes, ma'am.
Q: He could not run after you if he will run because his shorts was only up to his knees?
A: When I ran away he was still wearing shorts and he pulled me down to the ground.[46] (Emphasis and underscoring supplied)
Q: What happened next after he pulled you out of your house?In AAA's immediately-quoted direct testimony, the sequence of her tale was, first, she was able to take the knife from appellant after which she threw it. Second, after appellant grabbed her again after she had negotiated two steps, he pinned her down again to the ground. Third, appellant lowered his trousers down to his knees and inserted his penis inside her vagina.
A: He forced me down the ground.
Q: Was he able to force you to lie down on the ground?
A: Yes, sir.
Q: Then what happened next?
A: He was embracing me and laid on top of me and I felt that his knife has a scabbard and I was able to take it and threw it near us because he was embracing me.
Q: You [s]aid that you were able to take the knife, why did you not use the knife on him?
A: Because I was afraid that I might kill him.
Q: So, you would rather be raped than kill him?
A: Because what I was planning to do was that if he had not the knife I could run away but I was not able to run away [because] he pulled me again.x x x x
Q: After he was able to grab you again, what happened next?
A: He forced me down again on the ground.
Q: After he forced you down again what happened next?
A: Because I was so weak he laid on top of me.
Q: Aside from laying on top of you what happened next?
A: He pulled down his shorts up to his knees.x x x x
Q: After he was able to pull down his shorts up to his knees what happened next?
A: He inserted his penis inside my vagina.[47] (Emphasis and underscoring supplied)
Q: You said you were dragged outside, it was dark outside?Given that the house of AAA was 10 feet away or more than 3 yards from the house of her neighbor CCC who, AAA confirmed, was in her house at the time of the incident, why did not AAA and/or BBB shout for help. By failing to do so, her young son BBB unwittingly became a witness to the spectacle of her being laid on top by appellant.
A: There was a light from the house of our neighbor.
Q: How far is that house of your neighbor from your house?
A: Ten (10) feet away.x x x x
Q: What is the name of that neighbor of yours?
A: [CCC].
Q: And at that time you knew that [CCC] was in her house that night?
A: Yes, ma'am.x x x x
Q: While dragging you the accused put the knife inside his shorts, right?
A: Yes, ma'am.
Q: And he held on to your hands while he was dragging you?
A: Yes, ma'am.
Q: When the accused dragged you outside, he was not pointing the knife at your neck or to any part of your body, right?
A: Yes, ma'am.
Q: You could have shouted?
A: Yes, ma'am. I can shout but I did not do so because I was afraid.[49] (Emphasis supplied)
. . . Rape is a very emotional word, and the natural human reactions to it are categorical: admiration and sympathy for the courageous female publicly seeking retribution for her outrageous violation, and condemnation of the rapist. However, being interpreters of the law and dispensers of justice, judges must look at a rape charge without those proclivities, and deal with it with extreme caution and circumspection. Judges must free themselves of the natural tendency to be overprotective of every woman decrying her having been sexually abused, and demanding punishment for the abuser. While they ought to be cognizant of the anguish and humiliation the rape victim goes through as she demands justice, judges should equally bear in mind that their responsibility is to render justice based on the law.[53] (Emphasis supplied)WHEREFORE, the Decision of the Court of Appeals in CA-G.R. CR-HC No. 00287 is REVERSED and SET ASIDE. Appellant, Daniel Perez y Bacani, is ACQUITTED of rape in Criminal Case No. 98-14590 of the Regional Trial Court of Antipolo City, Branch 73.