People v. XXX

FIRST DIVISION

[G.R. No. 253297. September 21, 2022.]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.XXX, 1accused-appellant.

NOTICE

Sirs/Mesdames :

Please take notice that the Court, First Division, issued a Resolution datedSeptember 21, 2022, which reads as follows:

"G.R. No. 253297 (People of the Philippines v. XXX). — This resolves the appeal 2 filed by accused-appellant XXX challenging the June 15, 2020 Decision 3 of the Court of Appeals (CA) in CA-G.R. CR-H.C. No. 12623 which affirmed the January 14, 2019 Consolidated Decision 4 of the Regional Trial Court (RTC) of _____________, 5 Branch 50 in Criminal Case Nos. 17526-17529 finding accused-appellant guilty of four counts of Rape.

The Factual Antecedents

Accused-appellant was charged under the following Informations:

Criminal Case No. 17526

That on or about the 27th day of February 2002 at around 9:00 o'clock in the morning, at ___________________________________________, Philippines, and within the jurisdiction of this Honorable Court, the said accused with a knife, force [sic] the victim [AAA] 6 [private complainant] to ride on a motorcycle and brought her to a secluded area thereafter gave her a drink causing her to become dizzy and lost consciousness and when she regained consciousness, by means of force, threat and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of one [AAA], a minor being fourteen (14) years of age, against her will and consent.

CONTRARY TO LAW. 7

Criminal Case No. 17527

That on or about the 5th day of March, 2002 at around 7:00 o'clock in the evening, at ________________________________________________, Philippines, and within the jurisdiction of this Honorable Court, the said accused with a knife, force [sic] the victim [AAA] to ride on a motorcycle and brought her to a secluded area thereafter by means of force, threat and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of one [AAA], a minor being fourteen (14) years of age, against her will and consent.

CONTRARY TO LAW. 8

Criminal Case No. 17528

That on or about the 15th day of March, 2002, at around 9:00 o'clock in the evening, at _____________________________________________, Philippines, and within the jurisdiction of this Honorable Court, the said accused with a knife, force [sic] the victim [AAA] to ride on a motorcycle and brought her to a secluded area thereafter by means of force, threat and intimidation, did then and there wilfully, unlawfully and feloniously have carnal knowledge of one [AAA], a minor being fourteen (14) years of age, against her will and consent.

CONTRARY TO LAW. 9

Criminal Case No. 17529

That on or about the 21st day of March, 2002 at around 7:00 o'clock in the evening, at _______________________________________________, Philippines, and within the jurisdiction of this Honorable Court, the said accused with a knife, force [sic] the victim [AAA], to ride on a motorcycle and brought her to a secluded area thereafter by means of force, threat and intimidation have carnal knowledge of one [AAA], a minor being fourteen (14) years of age, against her will and consent.

CONTRARY TO LAW. 10

It was only on April 22, 2013, or after the lapse of at least 11 years from the time of the issuance of accused-appellant's warrants of arrest before the police authorities were able to locate and arrest him. 11

Upon arraignment, accused-appellant pleaded not guilty to all the charges. Thereafter, pre-trial and trial ensued. 12

The prosecution presented private complainant, her mother and Dr. Rhodora Balolong-Tingson (Dr. Balolong-Tingson) as its witnesses. 13 On the other hand, the defense presented accused-appellant, his wife WWW, and his neighbor YYY, as its witnesses. 14

Version of the Prosecution

Private complainant was born on March 23, 1988, as shown in her Certificate of Live Birth. 15 She claimed that accused-appellant raped her on four separate occasions. AIDSTE

The first incident transpired on February 27, 2002 when she was just 14 years old and a first year high school student. At around 9:00 a.m., private complainant asked permission from her teacher to leave her class to buy ice water. She went to a store outside their campus, purchased the item and was on the street by the storefront when accused-appellant, who was riding a motorcycle approached her. He was holding a knife and forced her to board the motorcycle with him. He threatened her that if she will not go with him, he will stab her. Private complainant abided because she was afraid and intimidated. No one saw them when accused-appellant forced her to board the motorcycle. Accused-appellant brought private complainant to a house in _________________________________, later determined to be owned by ZZZ, the half-sister of accused-appellant. Once there, he made private complainant drink juice, which made her dizzy. After which, he brought her to a room. Once she awoke, she felt accused-appellant's weight on top of her. He removed all of her clothing and he successfully inserted his penis inside her vagina. She tried to push him away and begged him not to molest her, but accused-appellant continued to satisfy his desires. She felt pain in her vagina when he inserted his penis. She shouted for help but no one came to her aid. After consummating the sexual congress, accused-appellant left private complainant in the room to talk to his friends outside the house and then later dropped her off by the road near her home while threatening her that if she told anybody about what happened, he will kill her parents. 16

According to private complainant's recollection, the second incident happened on or about March 5 or 7, 2002. She was not sure of the exact date but she was certain that it occurred during March 2002. On said day, at around 7:00 or 8:00 p.m., she was on her way to her friend's house to borrow their project when she chanced upon accused-appellant. The latter again forced her to ride his motorcycle with him while threatening to kill her family if she refused. He brought her to a hut inside the campus of _________________________________. Once there, he again forced himself on her by removing her clothes and inserting his penis into her vagina. After consummating the sexual deed, accused-appellant again threatened her to keep quiet if she wants her parents unharmed or if she wishes to keep her reputation intact. She believed his threats and got afraid of him even if at that time he did not have any knife or bladed weapon. 17

The third incident happened between March 15-17, 2002. On said day, private complainant was instructed by her mother to buy something from the store. While walking to a store by the highway of _________________________, accused-appellant while riding his motorcycle approached private complainant again and forced her to ride with him. He again took her to the home of his half-sister, ZZZ. Once there, he brought her to a room, forced her to lie down, removed her clothes, placed himself on top of her, and inserted his penis inside her vagina while holding her down. Once again, she felt pain. She shouted for help but no one helped her. She noticed that there were other people in the house but she also believed that those persons will not help her because they were accused-appellant's friends. 18

The last rape incident occurred in the evening of March 27, 2002. On that night, private complainant was on her way home after watching television in their neighbor's home, when she was again met by accused-appellant on his motorcycle. He again forced her to ride his motorcycle by reminding her of his threat to kill her parents if she refused. She boarded the motorcycle out of fear. She learned from him that the house where she was brought to was owned by his uncle. Upon their arrival, she noticed that there was no one else there. He then brought her to one of the two rooms in the house. He removed all her clothes and kissed her all over her body and then he inserted his penis inside her vagina. She again felt pain in her vagina. She tried to resist him but he was so strong and her efforts to escape his abuse failed. Afterwards, he dropped her off on the road near their house. 19

Her parents came to know of her ordeal sometime in May 2002, when private complainant's mother was taking care of her while she was suffering from malaria falciparum. Her mother noticed that she seemed so afraid. When her mother asked her why, she told her mother what accused-appellant did to her. 20

On May 3, 2002, Dr. Balolong-Tingson of the Office of the Municipal Health issued a Medical Certificate after she conducted a medical examination on private complainant. The results confirmed that the latter suffered "healed hymenal lacerations" consistent with several previous sexual activities. 21

On May 10, 2002, private complainant and her mother went to the nearest police station where she executed a Sinumpaang Salaysay and filed a complaint against accused-appellant. 22

Upon private complainant's cross-examination, she testified, among others, that she knew accused-appellant because his sister, VVV, is her friend since they go to the same church. She knew that VVV is residing in __________ but she had no idea where accused-appellant's house was. She also knew that accused-appellant was married since she saw him with his wife and children. Before the rape incidents, she seldom saw accused-appellant, although she saw him one time when he visited VVV's house while she was also there. She frequented VVV's house as the latter would regularly invite her to eat at their house during lunch break. 23

Private complainant further testified that after the first incident, she often saw accused-appellant passing by their house. 24 In addition, she said that despite the rape incidents, she still had the courage to walk alone in the streets. 25 She claimed that while growing up, she was a strong-willed child but she was not brave enough to report her ordeal immediately because of fear that something terrible might happen to her family. 26 She admitted that she developed a trauma against accused-appellant and whenever he was around, she could not do anything. Seeing him reminded her of his threats against her parents. She added that when she filed the instant case, accused-appellant left their place, while she already transferred to ______________ to study. 27 At the time of her testimony, she was already 28 years old, and working as an elementary teacher at __________________. 28

During the trial, the testimony of private complainant's mother was dispensed with in view of the followings stipulation by the parties: (i) that she is the mother of private complainant; (ii) that she assisted her daughter in the medical examination done at the Municipal Health office of __________________; and (iv) she will identify the Malayang Salaysay that she signed together with her daughter as well as the Medico-Legal Certificate issued to her daughter. 29

In addition, the parties stipulated on the following matters in relation to Dr. Balolong-Tingson's testimony: (i) that private complainant was examined by Dr. Balolong-Tingson at the Municipal Health Office of ______________________; (ii) that she issued a Medical Certificate indicating the findings thereon; and (iii) that she found the private complainant to have healed hymenal lacerations at the time of her examination. 30

Version of the Defense

Accused-appellant denied the charges against him. He claimed that during the alleged dates, he was not in _________ but was in __________________ since the year 2001. He denied that he left his home in ________ in 2002 and insisted that he left in 2001. He admitted that prior to 2001, he was in ______________________ but he went to __________ for a vacation in 2001 and stayed there and eventually went to ______, __________ and _______. It was only until December 2006 when he returned to _______. He learned about the cases filed against him only when he was arrested in 2013 and that he was totally surprised about the charges filed against him. 31 He further admitted that in the year 2001, he was already married, and that his wife and children eventually followed him to _________ in 2003. He likewise admitted that VVV is his half-sister and that he knew private complainant herein. 32

To support his claim, accused-appellant's wife, WWW, further elaborated that they got married on July 10, 1990. She narrated that in February 2002, she was living alone in _________ because her husband left for _____________ since May 10, 2001. It was only in 2003 that they reunited because she followed him to __________ where they stayed for a year and eventually transferred to ______. She only learned about the charges against her husband when he was arrested in April 2013. She further admitted that she knew private complainant because they live in the same barangay. She pointed out that she was certain that her husband left in 2001 and not in 2002. 33

Lastly, the defense resented YYY who was also a resident of _______________. He testified that accused-appellant left________________ in 2002 because they were together on April 29, 2001 attending the barangay fiesta. As per his recollection, accused-appellant was in ____________ for three to four years. 34

Ruling of the Regional Trial Court

In its January 14, 2019 Consolidated Decision, the RTC found accused-appellant guilty of the charges, the fallo of which reads:

WHEREFORE, premises considered, the Court finds the accused [XXX] GUILTY of four (4) counts of rape in the above-captioned cases, to wit: Criminal Case Nos. 17526, 17527, 17528 and 17529, and hereby sentences him, in each, as follows:

a) To suffer the penalty of reclusion perpetua without eligibility for parole but with corresponding inherent accessory penalties provided by law.

b) To pay the victim [private complainant] the following sums:

i. P75,000.00 as civil indemnity;

ii. P75,000.00 as and for moral damages; and

iii. P75,000.00 as exemplary damages;

The Provincial Jail Warden is directed to transfer the accused to the Iwahig Prison and Penal Farms, where the latter shall serve his prison term, after he had been given the opportunity to confer with his counsel on whether to appeal his conviction or not.

Costs de oficio.

SO ORDERED. 35

Ruling of the Court of Appeals

Aggrieved with the trial court's ruling, accused-appellant appealed with the CA. However, in its June 15, 2020 Decision, the appellate court affirmed the findings of the RTC, the dispositive portion of which reads:

WHEREFORE, premises considered, the instant appeal is DENIED. The assailed Consolidated Decision dated January 14, 2019 of the Regional Trial Court, Branch 50 (Family Court), __________ ___ in Criminal Case Nos. 17526-17529 is hereby AFFIRMED.

SO ORDERED.36

Not in agreement with the appellate court's ruling, accused-appellant filed the instant appeal.

Issue

The fundamental issue in the instant case is whether accused-appellant is guilty of the charges filed against him.

Our Ruling

The instant appeal is devoid of merit.

After a careful review of the records of the case, the Court finds no cogent reason to depart from the findings of both the RTC and the CA finding accused-appellant guilty of four counts of Rape. AaCTcI

Under Article 266-A of the Revised Penal Code, Rape is committed by having carnal knowledge of a woman under any of the following circumstances:

1. By using force, threat, or intimidation;

2. When the offended party is deprived of reason or otherwise unconscious;

3. By means of fraudulent machination or grave abuse of authority; and

4. When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present. (Emphasis supplied)

In the present case, all the elements of Rape have been sufficiently established. The prosecution's evidence showed that on four separate occasions, accused-appellant had carnal knowledge of private complainant, a woman under 14 years of age.

During her testimony, private complainant categorically stated that accused-appellant inserted his penis into her vagina on four separate occasions through force and intimidation and without her consent. 37

We have previously held that in Rape cases, the failure of the victims to shout for help or escape during the incidents does not undermine their credibility and the same is likewise not fatal to the prosecution's case. 38 This Court has consistently held that "no standard form of behavior can be anticipated of a rape victim following her defilement, particularly a child who could not be expected to fully comprehend the ways of an adult. People react differently to emotional stress, and rape victims are no different from them." 39

Likewise, We underscore that neither did the delay in reporting the incidents to private complainant's relatives and the proper authorities tainted her credibility. We have already ruled that "delay in reporting rape incidents, in the face of threats of physical violence, cannot be taken against the victim because delay in reporting an incident of rape is not an indication of a fabricated charge and does not necessarily cast doubt on the credibility of the complainant." 40 "A rape charge becomes doubtful only when the delay in revealing its commission is unreasonable and unexplained." 41 In the present case, accused-appellant consistently threatened private complainant that he would kill her parents if she would tell anyone of what he did to her. To Our mind, this is a reasonable explanation for the delay.

We find accused-appellant's argument that private complainant's uncertainty as to the exact date of the commission of the crimes weakened her credibility as a witness untenable. We have held time and again that the date is not an essential element of the crime of Rape, 42 for the gravamen of the offense is carnal knowledge of a woman or sexual congress with her by force and without her consent. 43 Thus, inconsistencies and discrepancies in details which are irrelevant to the elements of the crime are not grounds for acquittal. 44 It is settled that any discrepancy regarding the date and time of the rape incidents deserves scant consideration. 45 As such, the time or exact date of the commission in rape cases need not be accurately stated.

In any case, the RTC found that private complainant's testimony was credible as it had the opportunity to observe her deportment and manner of testifying. 46 Upon review of the records on hand, We likewise note that her testimony was indeed given in a categorical, straightforward, spontaneous, and frank manner. As a rule, this Court will not disturb the findings of the trial court as to the credibility of witnesses, considering that it is in a better position to observe their candor and behavior on the witness stand. 47 Thus, We find no compelling reason to deviate from these findings especially since the appellate court affirmed the same. The finding of credibility should not be overturned since the trial court judge had the opportunity to personally examine the demeanor of the witnesses when they testified on the stand. The finding of credibility may be overturned only when certain facts or circumstances are overlooked, misunderstood, or misapplied, and the same could have materially affected the outcome of the case. 48 No such circumstance is present in the case at bar. Thus, We affirm the finding of private complainant's credibility.

For his defense, accused-appellant presented denial and alibi. He contends that on the dates when the rape incidents were allegedly committed, he was in other laces outside of _____, particularly in _____________, _________, and _______.

Accused-appellant fails to convince Us.

Time and again, the Court has held that denial and alibi are inherently weak defenses that cannot prevail over the positive and categorical testimony and identification of the private complainant. 49 Well established is the rule that a mere denial, without any strong evidence to support it, can scarcely overcome the positive declaration by the victim of the identity and involvement of accused in the crimes attributed to him. 50 The same is true with his claim of alibi. For alibi to prosper, it is insufficient that the accused prove that he was somewhere else when the crime was committed. 51 The must likewise establish that it was physically impossible for him to have been present at the scene of the crime at the time of its commission. 52

In this case, accused-appellant also alleged that during the period that he was away from ______, he was employed by ___________________ in ____________. 53 However, he failed to present the testimony of his employer. He further claimed that in 2001, he was on vacation in __________ and that he eventually transferred to _________ sometime in 2003. 54 However, he likewise failed to present convincing evidence to support his claim. Consequently, his claim remained uncorroborated and unsubstantiated. As such, in view of the accusation against him, his alibi cannot prevail over the positive testimony of private complainant. Moreover, the distance alone from ___________, or __________, or ______, as the case may be, to _____ does not conclusively rove that it was physically impossible for accused-appellant to go to  _______ to commit the crime of rape and still return to _________________ or ______ or ________ afterwards. Physical impossibility refers not only to the geographical distance between the place where the accused was and the place where the crime was committed when the crime transpired, but more importantly, the facility of access between the two places. 55 Therefore, in order for the defense of alibi to prosper, "[p]resence at another place at the time of the perpetration of the crime and physical impossibility to be at the crime scene must concur." 56 Thus, in view of private complainant's positive identification of accused-appellant as her assailant, We reject his defense of alibi. EcTCAD

Finally, We hold that the CA properly affirmed the penalty imposed by the RTC of reclusion perpetua in each of the four counts of Rape. As to the monetary awards, the appellate court likewise correctly sustained the amounts as imposed by the trial court. However, in line with recent jurisprudence, the damages shall likewise earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid. 57

WHEREFORE, the instant appeal is DISMISSED. The June 15, 2020 Decision of the Court of Appeals in CA-G.R. CR-H.C. No. 12623 is hereby AFFIRMED with MODIFICATION in that the monetary awards shall earn interest at the rate of six percent (6%) per annum from the date of finality of this Resolution until fully paid.

The Resolution dated December 2, 2020 requiring the Superintendent of the Iwahig Prison and Penal Farm, Bureau of Corrections, Puerto Princesa City, to confirm the confinement of accused-appellant, is REITERATED.

SO ORDERED." Gesmundo, C.J., on official business.

By authority of the Court:

(SGD.) LIBRADA C. BUENADivision Clerk of Court

By:

MARIA TERESA B. SIBULODeputy Division Clerk of Court

Footnotes

1. Initials were used to identify the accused-appellant pursuant to the Supreme Court Amended Administrative Circular No. 83-2015 dated September 5, 2017 entitled "Protocols and Procedures in the Promulgation, Publication, and Posting on the Websites of Decisions, Final Resolutions, and Final Orders using Fictitious Names/Personal Circumstances."

2. Rollo, pp. 20-21.

3. CA rollo, pp. 126-142. Penned by Acting Justice Remedios A. Salazar-Fernando (now Presiding Justice) and concurred in by Associate Justices Ramon A. Cruz and Perpetua Susana T. Atal-Paño.

4. Id. at 58-72. Penned by Presiding Judge Jose Bayani J. Usman.

5. Geographical location is blotted out pursuant to Supreme Court Amended Administrative Circular No. 83-2015.

6. "The identity of the victim or any information which could establish or compromise her identity, as well as those of her immediate family or household members, shall be withheld pursuant to Republic Act No. 7610, An Act Providing for Stronger Deterrence and Special Protection against Child Abuse, Exploitation and Discrimination, Providing Penalties for its Violation, and for Other Purposes; Republic Act No. 9262, An Act Defining Violence Against Women and Their Children, Providing for Protective Measures for Victims, Prescribing Penalties Therefor, and for Other Purposes; and Section 40 of A.M. No. 04-10-11-SC, known as the Rule on Violence against Women and their Children, effective November 15, 2004." (People v. Dumadag, 667 Phil. 664, 669 [2011]).

7. Records, p. 5.

8. Id. at 7.

9. Id. at 9.

10. Id. at 11.

11. CA rollo, p. 59.

12. Id.

13. Id. at 60.

14. Id. at 65-67.

15. Id. at 60.

16. Id. at 60-61 and 106.

17. Id. at 61 and 106-107.

18. Id. at 61 and 107.

19. Id. at 62 and 107.

20. Id. at 107.

21. Id. at 107-108.

22. Id. at 108.

23. Id. at 62.

24. Id. at 63.

25. Id. at 64.

26. Id. at 63.

27. Id. at 64.

28. Id. at 60.

29. Id.

30. Id. at 130.

31. Id. at 65-66.

32. Id. at 66.

33. Id.

34. Id. at 67.

35. Id. at 72.

36. Id. at 141.

37. Id. at 60-62.

38. People v. Bejim, 824 Phil. 10, 22 (2018).

39. People v. XXX, G.R. No. 233463, February 19, 2020.

40. People v. Rusco, 796 Phil. 147, 157-158 (2016).

41. People v. Gratela, G.R. No. 225961, January 6, 2020.

42. People v. Cubay, G.R. No. 224597, July 29, 2019.

43. People v. Martinez, G.R. No. 248016, December 2, 2020.

44. Fernandez v. People, 843 Phil. 745, 757 (2018).

45. People v. ________, G.R. No. 229836, July 17, 2019.

46. CA rollo, p. 70.

47. Araza v. People, G.R. No. 247429, September 8, 2020; See also BBB v. People, G.R. No. 249307, August 27, 2020.

48. People v. Almosara, G.R. No. 223512, July 24, 2019.

49. BBB v. People, G.R. No. 249307, August 27, 2020.

50. People v. XXX, G.R. No. 244047, December 10, 2019.

51. People v. XXX, G.R. No. 230334, August 19, 2019.

52. Id.

53. CA rollo, p. 66.

54. Id.

55. People v. Ampo, G.R. No. 229938, February 27, 2019.

56. Id.

57. People v. BBB, G.R. No. 243987, September 23, 2020, citing Nacar v. Gallery Frames, 716 Phil. 267, 283 (2013).