THIRD DIVISION
[G.R. No. 214439. November 9, 2015.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GELACIO LANSANG, JR. Y HANGAD, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Third Division, issued a Resolution datedNovember 9, 2015, which reads as follows:
"G.R. No. 214439 (People of the Philippines vs. Gelacio Lansang, Jr. y Hangad). — On appeal is the October 2, 2013 Decision 1 of the Court of Appeals (CA) in CA-G.R. CEB-CR-HC No. 00416 affirming the conviction of appellant Gelacio Lansang, Jr. for the crime of rape.
The Information charging appellant with rape reads:
That on or about the 31st day of October, 2003 in the municipality of [ZZZ], province of Bohol, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd designs, enter the house of the victim without her consent, did then and there willfully, unlawfully and feloniously poked and pointed a batangas knife to victim [AAA] 2 and with the use of force, threat and intimidation accused inserted his erect penis into the vagina [of] the victim, thus the accused succeeded in having carnal knowledge with the said victim [AAA] without her consent and against her will; to the damage and prejudice of the said offended party.
Acts committed contrary to the provisions of the Article 335 of the Revised Penal Code, as amended by R.A. 8353. 3
The prosecution established that on October 31, 2003, around 11 p.m., the victim AAA was in an improvised kitchen outside their house at ZZZ, Bohol. She was cooking cassava cake. Her two kids, aged three and seven years old, were already asleep, while her husband BBB was in a cockfighting derby. 4
When AAA went inside their house to get another set of cassava, she did not know that somebody followed her. 5 That person, whom she later recognized as appellant, embraced her and poked a "batangas" knife at her neck. Appellant told her to undress. Out of fear of being killed, she obliged 6 and removed her shorts and panty. Appellant also undressed, forced her to lie down and put himself on top of her. Appellant threatened to kill her if she will shout. Then, appellant inserted his hard penis into her vagina. 7
Appellant was interrupted by a barking dog. BBB arrived from the derby. Appellant released AAA and ran away naked through the back door. In his hurry, appellant left his briefs and "batangas" knife. BBB heard AAA shout, "Help. There is Ondoy." BBB pursued appellant but failed to catch him. AAA and BBB immediately reported the matter to the police. AAA also submitted herself to a medical examination but the result of said examination was negative for spermatozoa. 8
For his defense, appellant denied that he raped AAA and claimed that he stayed in AAA's house from 4 p.m. to 11:30 p.m. upon AAA's request for company because BBB was in the cockpit. When BBB arrived around 12 midnight, he and AAA were still drinking coffee inside the house. Upon AAA's prodding, he left the house through the back door for fear that his presence would be misunderstood by BBB. He also denied ownership of the "batangas" knife and briefs recovered from AAA's house. 9
In its Decision 10 dated May 24, 2006, the Regional Trial Court (RTC) of Bohol, Branch 2, Tagbilaran City, found appellant guilty of rape. The RTC noted that the victim AAA was consistent in her testimony even under intense and lengthy cross-examination. The RTC held that her straightforward and candid testimony deserves full faith and credit. 11
Appellant appealed arguing that the RTC erred in convicting him although his guilt was not proven beyond reasonable doubt. He averred that AAA's testimony cannot be accorded full credit. 12 ASEcHI
The CA affirmed the Decision of the RTC with modification on the award of damages. The CA found AAA's testimony to be credible. 13 The fallo of the appealed CA Decision reads:
WHEREFORE, the May 24, 2006 Decision of the Regional Trial Court, Branch 2, Tagbilaran City in Crim. Case No. 12138, finding accused, Gelacio Lansang, Jr. y Hangad, guilty of rape is AFFIRMED WITH MODIFICATIONS. He is sentenced to suffer the penalty of reclusion perpetua and to pay the victim, AAA, the amount of P50,000.00 as civil indemnity, P50,000.00 as moral damages, and P30,000.00 as exemplary damages, with interest at the rate of 6% per annum from the date of finality of this judgment.
SO ORDERED. 14
Hence, this appeal.
We dismiss the appeal for lack of merit. It has been consistently held that in criminal cases the evaluation of the credibility of witnesses is addressed to the sound discretion of the trial judge, whose conclusion thereon deserves much weight and respect because the judge had the direct opportunity to observe said witnesses on the stand and ascertain if they were telling the truth or not. 15 In this case, the RTC found AAA's testimony worthy of full faith and credit after noting that AAA was consistent, candid and straightforward in her testimony even under intense cross-examination. The CA also found AAA's testimony to be credible. The determination by the trial court of the credibility of witnesses, when affirmed by the appellate court, as in this case, is accorded full weight and credit as well as great respect, if not conclusive effect. 16 We likewise read AAA's testimony and we find no reason to disagree with the RTC and CA in finding AAA as a credible witness. She clearly testified that appellant threatened her with a knife, ordered her to undress and raped her. 17 On the witness stand, she positively identified the appellant as the perpetrator. 18
Appellant's contentions regarding the improbability of AAA's testimony because of his alleged entry into the victim's own house in the presence of her children and the result of the medical examination indicating the absence of spermatozoa and contusions in her body fail to impress. Rape can be committed in even the unlikeliest places and circumstances and by the most unlikely persons. 19 Medical evidence is dispensable and merely corroborative in proving the crime of rape. 20 Indeed, absence of injury does not negate the charge of rape and destroy the credibility of the victim. 21
The gravamen of the offense of rape is sexual intercourse with a woman against her will or without her consent. 22 Thus, we have held that the act of holding a knife by itself is strongly suggestive of force, or at least intimidation, and threatening the victim with a knife is sufficient to bring a woman into submission, 23 more so in this case where AAA feared not only for her life but also for her children who at the time were already sleeping inside their house.
We also affirm the award of P50,000.00 as civil indemnity, P50,000.00 as moral damages, P30,000.00 as exemplary damages, and interest at the rate of 6% per annum from finality of this Resolution until all the monetary awards are fully paid. 24
WHEREFORE, we DISMISS the appeal and AFFIRM the October 2, 2013 Decision of the Court of Appeals in CA-G.R. CEB-CR-HC No. 00416.
With costs against the appellant.
SO ORDERED."
Very truly yours,
(SGD.) WILFREDO V. LAPITANDivision Clerk of Court
Footnotes
1. CA rollo, pp. 126-139. Penned by Associate Justice Marilyn B. Lagura-Yap with Associate Justices Pampio A. Abarintos and Gabriel T. Ingles concurring.
2. The victim's real name and other personal circumstances are withheld pursuant to the Court's ruling in People v. Cabalquinto, 533 Phil. 703, 709 (2006).
3. CA rollo, p. 6.
4. Id. at 127.
5. Id. at 131.
6. Id. at 127-128.
7. Id. at 132-133.
8. Id. at 128.
9. Id. at 128-129.
10. Id. at 15-20. Penned by Presiding Judge Baudilio K. Dosdos.
11. Id. at 19.
12. Id. at 57, 62.
13. Id. at 137.
14. Id. at 138-139.
15. People v. Obina, 632 Phil. 288, 293 (2010).
16. People v. Sabadlab, 679 Phil. 425, 438 (2012).
17. CA rollo, pp. 132-133.
18. Id. at 132.
19. People v. Condes, 659 Phil. 375, 395 (2011).
20. People v. Alverio, 661 Phil. 287, 298 (2011).
21. People v. Cias, 665 Phil. 470, 485 (2011).
22. People v. Bongat, 656 Phil. 513, 522 (2011); People v. Fragante, 657 Phil. 577, 592 (2011); and People v. Dumadag, 667 Phil. 664, 674 (2011).
23. People v. Saludo, 662 Phil. 738, 758 (2011).
24. People v. Nical, G.R. No. 210430, February 18, 2015, p. 10.