407 Phil. 207
VITUG, J.:
"That sometime in the month of April, 1998, at Zone VII, municipality of Bayambang, province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, by means of force or intimidation, did then and there, willfully, unlawfully and feloniously have sexual intercourse with STACY CZYRL P. PAGDANGANAN, a minor of 13 years old against her will and consent and to her damage and prejudice."[1]When arraigned in open court, Rolando Santos pled "not guilty" to the indictments."CRIMINAL CASE NO. SCC-2855
"'That on or about May 4, 1998, in the evening, at Zone VII, municipality of Bayambang, Province of Pangasinan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a knife, by means of force and intimidation, did then and there, wilfully, unlawfully and feloniously have sexual intercourse with STACY CZYRL P. PAGDANGANAN, a minor of 13 years old, against her will and consent and to her damage and prejudice."[2]
"WHEREFORE, judgment is hereby rendered as follows:In his appeal to this Court, accused-appellant asseverated, in his assignment of errors, that -
"1. In Criminal Case No. SCC-2854, the Court finds the accused ROLANDO SANTOS @ 'Galman' guilty beyond reasonable doubt with the crime of rape defined and penalized under Article 335 of the Revised Penal Code as amended by R.A. 7659. Forthwith, the Court hereby sentences him to suffer the penalty of reclusion perpetua. He is ordered to indemnify the offended party in the amount of Fifty Thousand Pesos (P50,000.00). The accused is further ordered to pay the amount of Fifty Thousand Pesos (P50,000.00) as moral damages and Twenty Five Thousand Pesos (P25,000.00) as exemplary damages.
"2. In Criminal Case No. SCC-2855, the Court likewise finds the accused ROLANDO SANTOS @ 'Galman' guilty beyond reasonable doubt with the crime of rape defined and penalized under Article 335 of the Revised Penal Code as amended by R.A. 7659, and is hereby ordered to serve the penalty of reclusion perpetua and to indemnify the offended party the sum of Fifty Thousand Pesos (P50,000.00). The accused is further ordered to pay the amount of Fifty Thousand Pesos (P50,000.00) as moral damages and Twenty Five Thousand Pesos (P25,000.00) as exemplary damages."[3]
"1. The trial court erred in not finding that the testimony of private complainant was punctured with material improbabilities, inconsistency and unimaginable situation thereby casting grave doubt on the criminal culpability of the accused-appellant.This Court finds no reversible error in the judgment of the trial court appealed from.
"2. The trial court erred in not acquitting accused-appellant of the crime charged notwithstanding the presence of exculpatory physical evidence supporting the same.
"3. The trial court erred in convicting accused-appellant of the crime charged by relying on the weakness of defense evidence rather than on the strength of its evidence."[4]
The young victim, innocent and guileless, could not have just brazenly impute so serious a crime as rape to the accused.[6] It would be difficult to imagine her reliving the indignity she suffered and undergoing the perplexities of public scrutiny unless she indeed was motivated by a just desire to have the offender punished.[7]
"A At 8:30 o'clock in the evening I was in the comfort room of the house of my uncle Dante Pagdanganan, sir."Q While you were inside the comfort room of your uncle Dante Pagdanganan on May 4, 1998 at about 8:30 o'clock in the evening, do you remember if there was any unusual incident that happened?"A Yes, sir. "Q What was that unusual incident? "A Rolando Santos poked a knife on me, sir. (witness is crying while testifying) "Q You said that while you were inside the comfort room Rolando Santos poked his knife to you what transpired after that?"A He kissed me, sir. "Q Where did he kiss you? "A In the different parts of my body, sir. "Q After that what happened next? " A He removed my underwear and he told me to sit on the toilet bowl, sir. "Q When Rolando Santos removed your underwear and made you sat down on the toilet bowl what happened next?" A He inserted his finger on my private part, sir . "Q And after that what happened next? " A He undressed himself and he placed himself on top of me, sir. "Q What did he do when he placed himself on top of you? " A He inserted his private part to my private part, sir . "Q What do you mean by private part? "A His penis was inserted to my vagina, sir. "Q What did you feel when he inserted his penis to your vagina? "A It was painful, sir. "Q What else did he do to you, if any? "A He told me not to report the matter or else he will kill me, sir. "Q After he inserted his penis to your vagina, what happened next? "A He is inserting well, sir. "Q Was he able to insert well? "A Yes, sir. "Q And after that what happened next, if any? "A My uncle was already calling me, sir. "Q And what did you do when your uncle was calling you? "A I was about to answer but he covered my mouth, sir. "Q How many times did your uncle called for you? " "A Several times, sir . "Q Then after that what happened next? "A Rolando Santos told me he will come out first before I will come out, sir . "Q And then what happened next? "A Moments later I dressed myself up and then I went out, sir. "Q And after you dressed yourself up and went out from the comfort room, what happened next? "A My uncle asked me why Rolando Santos was inside the comfort room and I was also inside the comfort room, sir."Q And what did you tell your uncle? "A I cried and told to my uncle that I was abused by Rolando Santos, sir. "x x x x x x x x x"Q You said a while ago that in the month of April 1998 you stayed in the house of your uncle Dante Pagdanganan in Zone VII Poblacion, Bayambang, Pangasinan town, while you were staying at this residence, do you if there is any unusual incident that happened to you?"A Yes, sir. "Q What was that unusual incident? "A I was then inside the comfort room of my uncle Dante Pagdanganan when Rolando Santos poked his knife of me and told me do not shout or else I will kill you."Q What time was that when you were inside the comfort room and Rolando Santos entered and poked his knife? "A Past 8:30 o'clock, sir. "Q And what happened to you when you were inside the comfort room? "A He kissed me, sir. "Q Where did he kiss you? " A To my different parts of my body, sir . "Q After he kissed on your different parts of your body and also to your private part, what happened next? "A He undressed me, sir. "Q After he undressed you what else happened if any? "A He made me sat and then he made me lean, sir. "Q After he made you sat and lean what else happened? " A He inserted his finger, sir . "Q Where did he insert his finger? "A To my vagina, sir. "Q And after he inserted his finger what else happened? "A He undressed himself, sir. "Q And after he undressed himself what happened next? " A He placed himself on top of me and he entered his penis to my vagina, sir . "Q And what did you feel when he inserted his penis into your vagina? "A It was painful, sir. "Q And what was your reaction when he inserted his penis to your vagina? "A I was pushing him away, sir. "Q And what did he do when you were pushing him? "A He hold me on my two hands, sir . "Q And after that what happened next? "A After that he told me not to report or else he will kill me, sir."Q You mentioned, this incident happened in the month of April at about 8:30 o'clock in the evening, can you remember the date?" A I could not recall anymore sir, because I was then scared. What I only remembered was the month."Q Was it not the first week of April? "A (Witness is moving his head sidewards). "Q Was it on the second week of April? "A Yes, sir. "Q But you cannot remember that exact date? "A Not anymore, sir."[5]
Surely, the declaration of a child-victim during an initial investigation cannot be expected to be completely coherent with her testimony taken in much greater detail in court during the trial of the case.[9]
"PROS. MANAOIS: "Q Madam Witness, I would like to refresh your memory that on May 4, 1998 right after the incident you, Barangay Captain Genaro Soriano and your uncle Dante went to the police station of Bayambang, Pangasinan and reported all the alleged facts regarding this incident the same was recorded in the police blotter, all, everything you said were allegedly recorded in the police blotter, what can you say to that?"ATTY. FUENTES: Your Honor, may I interpose my objection, may I know the time? "PROS. MANAOIS: Between 9:00 o'clock to 12:00 o'clock midnight on May 4, 1998 "WITNESS: "A No,sir. "PROS. MANAOIS: "Q What do you mean by 'no'? "A I did not tell all, sir. "Q What did you not tell? "A That he raped me, sir. "Q Why did you not tell that he raped you?
"A Because I was ashamed and besides I was cowed by fear because Rolando Santos threatened me that if I will tell what happened to anyone else he was going to kill me, sir."Q The same police officer witness for the defense testified that he translated in Pangasinan dialect the contents of the police blotter, police blotter entry #13429 regarding the incident and he claimed that you understood everything, what can you say to that?"A No, sir. "Q What do you mean by' no'? "A He did not translate, sir. "Q And so if he did not translate, you mean you did not understand English? "A No, sir. "Q We are recalling again your memory madam witness in this police blotter/entry #13429 particularly the place which I 'that reportee, you as the reportee, stated that Rolando Santos alyas Galman is armed with knife entered the comfort room where the victim is there and washing her face and Rolando Santos poked his knife to the victim and started kissing her, then removed the victim short pant and panty and inserted his finger to the labia of vagina of the victim 'Stacy Czyrl Pagdanganan', did you understand that?"A Yes, sir. "Q Did you understand? "A Yes, sir. "Q So, is that complete? "A No, sir. "Q Why not complete? "A Because he first inserted his finger and thereafter he inserted his private part to my vagina, sir. " PROS. MANAOIS: We would like to manifest your Honor for the record that the witness is in the verge of crying, infact she is snippy her runny nose which is consequence of the tears. That is all for the witness, your Honor."[8]
The claim of accused-appellant that the criminal complaints for rape hurled against him have been motivated by Dante Pagdanganan in his desire for revenge is simply too flimsy to be believed or yet belabored.
"Q Do you know Stacy Czyrl Pagdanganan? "A She is my niece, sir. "Q Why is she your niece? "A Because her mother and myself are siblings, sir. "Q Where is she staying at present? "A We transferred her to my sister, sir. "PROS. MANAOIS: The witness js on the verge of crying. He appears to be emotionally upset. Can you still continue, Mr. Witness?"A Yes, sir. "Q On May 4, 1998, do you know where your niece was? "A She was spending her vacation with us, sir. "Q Where were you on May 4, 1998 at 8:30 o'clock in the evening? "A I was at home, sir. "Q While you were at home on May 4, 1998 at 8:30 o'clock in the evening, do you remember if there was any unusual incident?"A Yes, sir. "Q What was that unusual incident? "A While I was calling Czyrl, Czyrl, I received no answer, sir. "Q What did you do when you received no answer? "A I again called out, sir. "Q When you called out again her name, what happened next? "A After I have again called out her name, Rolando Santos came out of the back door of the toilet, sir? "Q Where is that toilet located where you saw Rolando Santos? "A He came out of the toilet, sir. "Q Where is that toilet of your located? "A Our kitchen and our toilet are adjacent to each other and it is inside our house, sir. "Q What happened next after you saw Rolando Santos came our from your comfort room? "A I called out again because I was looking for my niece, sir. "Q What happened next when you called out again for your niece? "A When I called out again, she came out of the other door of the toilet, sir. She came out at the front door of the toilet, sir."Q And what happened next after your niece came out from the front door of your comfort room? "A She was crying, sir. "Q And what did you do when you saw her crying? "A She reported to me and she said, I was abused by Rolando Galman, uncle, sir. (We will notice that the voice of the witness is choking.)"Q Who is this Rolando Galman, you are referring to? "A His wife is our cousin, sir. "Q You are referring to Rolando Santos? "A Yes, sir. "Q So after your niece reported to you that she was abused by Rolando Galman, what happened next? "A We went to the barangay captain, sir. "Q Where? "A In the house of the barangay captain, sir. "Q And what happened to the house of the barangay captain? "A He took down the statement of my niece and then we went to the police station, sir. "Q And then what happened to the police station? "A They again took the statement of my niece, sir. "Q How about you? "A They also got my statements, sir. "Q And what happened next after that? "A After that, we brought my niece to the doctor, sir. "Q Where? "A Bayambang Emergency Hospital, sir. "Q That Bayambang Emergency Hospital is the same as Bayambang District Hospital? "A Yes, sir. "Q What happened when you brought your niece to the Bayambang Emergency Hospital? "A The doctor advised us to just come back the following morning because the examination room is already closed, sir. "Q You said that your comfort room is besides your kitchen, adjacent to your kitchen, can you describe your comfort room?"A There is an extension attached to the house wherein there is a lavatory and then opposite the lavatory is the comfort room and right near the lavatory is the place where we dine, sir."Q And what material was your comfort room made of? "A Because of poverty our comfort room has about four to five levels of hollow blocks and above that are sacks, sir."Q How many doors your comfort room has? "A Two sir, front and at the rear part. "Q According to you, you saw Rolando Santos @ 'Galman' came out from the back portion of your comfort room, how were you able to recognize him?"A As he came out of the comfort room and while I was calling on the name of Czyrl, he turned his face towards me and he left hurriedly, sir."[10]