SECOND DIVISION
[G.R. No. 253734. June 14, 2021.]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee,vs. XXX, accused-appellant.
NOTICE
Sirs/Mesdames :
Please take notice that the Court, Second Division, issued a Resolution dated14 June 2021which reads as follows:
"G.R. No. 253734 (People of the Philippines v. XXX). — This appeal 1 seeks to reverse the Decision 2 dated July 25, 2019, of the Court of Appeals (CA) in CA-G.R. CR-HC No. 09869, affirming the Regional Trial Court's (RTC) judgment 3 of conviction against accused-appellant XXX for the crime of Rape under Article 266-A of the Revised Penal Code (RPC).
ANTECEDENTS
XXX was charged with Rape in an information dated September 9, 2009, which reads:
"That on or about the 15th day of May 2008, in the Municipality of _____, ______________, ________, a place within the jurisdiction of this Honorable Court, the above-named accused with lewd design and actuated by lust, by means of force, threat or intimidation, did then and there, willfully, unlawfully and feloniously have carnal knowledge of one AAA, against her will and consent, to her damage and prejudice.
CONTRARY TO LAW." 4
Upon a plea of not guilty, 5 the case proceeded to trial on the merits.
AAA 6 narrated that on May 15, 2008, around 9:00 p.m., AAA was having a drinking binge with her siblings in their house when XXX, their cousin, arrived. AAA requested XXX to buy her Jampong cup noodles. He agreed but asked AAA to accompany him to the store. 7 On their way back, XXX asked AAA to pass _______ in __________________, _______, _____, instead. 8 In the dark corner area of _________, XXX suddenly pulled AAA towards the side of a parked vehicle, and made her sit beside it. Then, he kicked her feet and pushed her under the vehicle, causing her to lie down. 9 Immediately, XXX placed himself on top of AAA, held her hands with one hand, and lowered her garterized short pants and underwear with the other. 10 Since XXX is only holding AAA's left hand, AAA tried to fight him by pulling his hair and punching him. Despite her efforts, XXX succeeded in pushing his penis into her private part. Subsequently, XXX stood up and told AAA to fix herself. When XXX left, AAA went to the barangay to report the incident. She narrated that the barangay officer told her not to file a complaint anymore "because it was embarrassing," that the perpetrator happened to be her relative. She insisted to file a complaint, hence, the barangay officials accompanied her to the police station. 11
AAA also testified that her house was about two (2) blocks away from the store, and that people would take the usual route where there were many houses along the way. However, that night, XXX asked AAA to pass at ________, a different route with only a few houses on the way and no street lights. There were no people around at the time of the rape incident, and the nearest house was some fifteen (15) meters away from the place where the incident took place. 12 AAA described the parked vehicle as an unusual Multicab as its bottom portion has a height estimate of two (2) and a half feet and that it was parked between vacant lots. 13
XXX denied raping AAA, and avouched that at around 9:00 p.m. of May 15, 2008, he was in his house fixing the things used for his son's baptism. When his "compadre" arrived, he invited him to have a drinking session in the house of his cousin, ______________ (___). After an hour, XXX claimed that he went home and never saw AAA that day. 14 AcICHD
On August 2, 2017, the RTC found XXX guilty beyond reasonable doubt of Rape under Article 266-A of the RPC. In its Judgment, 15 the RTC explained that AAA's direct, categorical, and spontaneous testimony against XXX was sufficient to sustain XXX's conviction. Also, the prosecution was able to establish all the elements of the crime charged, thus:
"WHEREFORE, premises considered, the prosecution having proved all the elements of Rape under Article 266-A (a), of our Revised Penal Code, as amended, the accused herein [XXX], of _______________, ________, ______, ____, is hereby CONVICTED of the crime of RAPE against the private complainant, AAA, without modifying circumstances, and the Court hereby sentences him to suffer in prison the penalty of reclusion perpetua and to pay his victim, AAA, the amount of Seventy Five Thousand Pesos (P75,000.00) as civil indemnity, Seventy Five Thousand Pesos (P75,000.00) as moral damages, and Thirty Thousand Pesos (P30,000.00) as exemplary damages, all with interest at the rate of Six Percent (6%) per annum from the date of finality of this judgment. No costs.
SO ORDERED." 16
XXX appealed. However, the CA affirmed the RTC's finding of conviction with modification as to the imposition of exemplary damages:
WHEREFORE, the Appeal is hereby DENIED. The Decision dated 2 August 2017 of the Regional Trial Court, Fourth Judicial Region, Branch 17 _____ ____, in Criminal Case No. 27-09, is AFFIRMED with MODIFICATION in that the award of exemplary damages is increased to P75,000.00.
SO ORDERED. 17
In this appeal, XXX faults the CA for rendering a decision contrary to facts, law, and applicable jurisprudence. 18 He claims that AAA's testimony is improbable and grossly inconsistent with human knowledge, observation, and experience. XXX insisted that if AAA was sexually abused, she should have made noise to attract attention or attempted to escape, considering that the road where she was allegedly raped was a residential area. XXX also stressed that since AAA's Medical Report revealed no injuries or lacerations in her hymen, rape could not be proved. Moreover, he could not have committed the crime against AAA because, at the time of the incident, he went to his cousin's house and directly went back home after going there.
RULING
We affirm the conviction of XXX.
Rape case principles have not changed: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) given the nature of the crime of rape where only two persons are usually involved, the testimony of the complainant is scrutinized with extreme caution; and (3) the evidence for the prosecution stands or falls on its own merits and cannot be allowed to draw strength from the weakness of the defense. If the victim's testimony successfully meets the test of credibility, then the accused may be convicted on its basis. 19
Indeed, when it comes to credibility of witnesses, the trial court's assessment is given the highest degree of respect, 20 especially when, as in this case, there is no fact or circumstance of weight or substance that was overlooked, misunderstood, or misapplied, which could affect the result of the case. 21 The reason is fundamental. The trial court had the best opportunity to determine the credibility of the prosecution witness, having evaluated her emotional state, reactions, and overall demeanor in open court.
Under Article 266-A (1) (a) of the RPC, as amended, 22 Rape is committed by a man who shall have carnal knowledge of a woman through force, threat, or intimidation. The gravamen of the crime of Rape is the carnal knowledge of a woman against her will or without her consent. All that needs to be proved are the facts of sexual congress, and the employment of force, threat, or intimidation. 23
In this case, both the carnal knowledge and the force, indicating the absence of consent, were sufficiently established. AAA positively identified XXX as the perpetrator of the crime, and she consistently detailed how she was ravished on the night of May 15, 2008, to wit:
Q: On, May 15, 2008 at around 9:00 o'clock in the evening, can you recall where you were?
A: We were at our house, Ma'am. It was the baptism of my nephew and me and my siblings were having a drinking session when "____ _______" arrived.
Q: When you say "____ _______," who are you referring to?
INTERPRETER:
Witness is pointing to the accused XXX.
xxx xxx xxx
Q: And you said that accused arrived. What happened when he arrived?
A: I asked him to buy me Jampong cup noodles, Ma'am.
xxx xxx xxx
Q: Did he agree to buy you Jampong?
A: Yes, ma'am.
Q: What happened next?
A: As we were heading home, we passed by the dark corner area of ________ at ________. He suddenly pulled me toward the side of a vehicle ma'am. TAIaHE
xxx xxx xxx
Q: What happened next, when he pulled you toward the side of the vehicle?
A: He made me sit near the canal, ma'am. He kicked my feet and pushed me under the vehicle causing me to lie down, ma'am.
Q: What happened next?
A: He placed himself on top of me and he held my hands, ma'am.
Q: So, both of you were under the vehicle at that time?
A: Yes, ma'am.
Q: What happened next?
A: The accused was using his one hand in removing my short pants and the other hand, he used, to hold my hands, ma'am.
xxx xxx xxx
Q: Did you try to shout or ask for help for what he was doing to you?
A: No, ma'am.
Q: Why not?
A: He might hurt me, ma'am.
Q: Did you fight him?
A: Yes, ma'am.
Q: How?
A: I pulled his hair and I boxed him, ma'am.
xxx xxx xxx
Q: Please explain to the court what he exactly did to you.
A: He pulled me under the vehicle ma'am.
Q: Then, what happened?
A: He raped me, ma' am.
Q: How?
A: He removed my short pant, ma'am.
Q: What else did he remove?
A: My short pants and panty, ma'am.
Q: After he removed your short pants and panty, what did he do next?
A: He, "Nilabas niya ang ari nya" and then he inserted it to my vagina, ma'am.
Q: What did you feel when he did that to you?
A: I cried, ma'am.
Q: How long was he on top of you?
A: I don't know ma'am.
Q: Was it with your consent, what he did to you?
A: No, ma'am.24
The force required in Rape varies depending on the circumstances. It is relative, and when applied, it need not be overpowering or irresistible. 25 What is essential is simply that the force employed was sufficient to enable the offender to consummate the lewd purpose which he had in mind. 26 The parties' relative age, size, and strength should be taken into account in evaluating the existence of the element of force. 27 Besides, failure to offer tenacious resistance does not make the submission by the complainant to the criminal acts of the accused voluntary. A rape victim has no burden to prove that she did all within her power to resist the force or intimidation employed upon her. Resistance is not an element of Rape. 28 The failure of the victim to run, shout, or seek help does not negate Rape, and neither does her lack of resistance imply that she consented to the sexual act. It cannot be overemphasized that the main element of Rape is lack of consent. 29 Here, AAA begged XXX to stop what he was doing to her and she tried to fight him off by punching him and by pulling his hair. XXX, however, overpowered AAA and succeeded in having carnal knowledge of her.
Moreover, XXX's reliance on the absence of lacerations on AAA's hymen per medical report released by the Philippine General Hospital (PGH)-Women's Desk is weak since the absence of injury and laceration is inconsequential. In People v. Lagbo, 30 the Court declared that the lack of physical injuries or fresh lacerations does not negate Rape. Although medical results may not indicate physical abuse or hymenal lacerations, Rape can still be established. 31 Similarly, in People v. Cabilida, 32 the Court acknowledged that a medical certificate is not necessary to prove the commission of Rape. A medical examination of the victim is not indispensable in a prosecution for Rape because expert testimony is merely corroborative, and not essential to a conviction. The accused may be convicted based on the sole testimony of the victim as long as her testimony is clear, positive, and convincing. 33 In the present case, the prosecution, through the testimony of AAA, has shown that XXX had carnal knowledge of AAA against her will. Both RTC and CA found AAA's testimony worthy of credence, and is enough to sustain XXX's conviction. cDHAES
Similarly, XXX's claim of physical impossibility to be at the crime scene is not convincing. In People v. Baronda, 34 the Court ruled that for a defense of alibi to prosper, the accused must not only prove that he was somewhere else when the crime was committed, but must also establish that it was physically impossible for him to be at the crime scene at the time of its commission. Physical impossibility refers to the distance and the facility of access between the crime scene and the accused's location when the crime was committed. Thus, there must be a demonstration that he was so far away, and could not have been physically present at the crime scene and its immediate vicinity. 35 In this case, XXX himself testified that he and his cousin, ____, lived in _______, _______, ______ and that a 15-minute walk could reach the distance between his house and that of AAA's. 36 Given the short distance between the two places, it is not at all impossible for XXX to be present in the immediate vicinity where the Rape incident happened. As XXX failed to show that he could not be at the scene of the crime on that fateful night, his defense remained a weak, uncorroborated alibi that could not overcome AAA's detailed and consistent account as to how the Rape incident transpired on the night of May 15, 2008.
Finally, this Court noted that when AAA reported the crime to the barangay, she was dissuaded to file a complaint "because it was embarrassing," that the perpetrator happened to be her relative. Nevertheless, AAA went ahead and filed a complaint against XXX. We find this a significant demonstration of the veracity and genuineness of her claim. 37
Anent the penalty, the trial court and the CA properly sentenced XXX with reclusion perpetua, and consistent with the applicable jurisprudence, 38 correctly increased the exemplary damages awarded to seventy-five thousand pesos (P75,000.00).
FOR THESE REASONS, the appeal is DISMISSED. The Decision dated July 25, 2019 of the Court of Appeals in CA-G.R. CR-HC No. 09869 is AFFIRMED. The accused-appellant XXX is found guilty of Rape, and is meted the penalty of reclusion perpetua. The accused-appellant is also ordered to pay the victim civil indemnity, moral damages, and exemplary damages of P75,000.00 each.
All awards for damages shall earn an interest rate of six percent (6%) per annum from the finality of the Resolution until fully paid.
SO ORDERED." (J. Lopez, J., designated additional Member per Special Order No. 2822 dated April 7, 2021.)
By authority of the Court:
(SGD.) TERESITA AQUINO TUAZONDivision Clerk of Court
Footnotes
1.Rollo, p. 14.
2.Id. at 3-13; penned by Associate Justice Japar B. Dimaampao, with the concurrence of Associate Justices Danton Q. Bueser and Ronaldo Roberto B. Martin.
3. CA rollo, pp. 47-50; penned by Acting Presiding Judge Betlee-Ian J. Barraquias.
4.Rollo, pp. 45-70.
5.Id. at 4.
6. Modified pursuant to SC Administrative Circular No. 83-15 dated July 27, 2015 (Re: Protocols and Procedures in the promulgation, publication, and posting on the Websites of Decisions, Final Resolutions and Final Orders Using Fictitious Names), in relation to Republic Act (RA) No. 7610, RA No. 8508, RA No. 9262, and RA No. 9344. Fictitious initials are instead used to represent the victims.
Likewise, the personal circumstances or other information tending to establish the or compromise their identities, as well as those of their immediate family or household members shall not be disclosed. The name of the accused-appellant is also blotted out as it tends to establish or compromise the victim's identities.
7.Rollo, p. 4.
8.Id. at 4, and 8-9.
9.Id. at 4.
10. CA rollo, pp. 56 and 58.
11.Rollo, p. 4.
12.Id. at 8-9.
13. CA Rollo, pp. 56-57, and 68.
14.Rollo, p. 5.
15. CA Rollo, pp. 45-70.
16. CA Rollo, pp. 69-70.
17.Rollo, p. 12.
18.Id. at 14.
19.People v. Villanueva, 822 Phil. 735, 744 (2017); People of the Philippines v. Penilla, 707 Phil. 130, 138 (2013); People of the Philippines v. Bautista, 474 Phil. 531, 555 (2004).
20.People v. Matignas, 428 Phil. 834, 869 (2002), citing People v. Basquez, 418 Phil. 426 (2001); People v. Jaberto, 366 Phil. 556, 566 (1999); People v. Deleverio, 352 Phil. 382, 401 (1998).
21.People v. Orosco, 757 Phil. 310 (2015), citing People v. De Leon, 608 Phil. 701, 721 (2009).
22. Article 226-A. Rape: When and How Committed. — Rape is committed:
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a. Through force, threat or intimidation
xxx xxx xxx
23.People v. Empuesto, 823 Phil. 1125, 1136 (2018).
24. CA Rollo, pp. 48 to 51.
25.People v. Dela Cruz, G.R. No. 219088, June 13, 2018, citing People v. Jason, 751 Phil. 450 (2015).
26.People v. Ramos, G.R. No. 210435, August 15, 2018.
27.People v. Dela Cruz, supra.
28.People v. Ramos, supra.
29.People v. Quintos, 746 Phil. 809, 828 (2014).
30. 780 Phil. 834 (2016).
31.People v. Lagbo, 780 Phil. 834, 845-846 (2016).
32. 836 Phil. 144 (2018).
33.Id. at 153.
34. G.R. No. 243574 (Notice), November 23, 2020, citing People v. Ramos, 715 Phil. 193, 206 (2013).
35.People v. Baronda y Dela Torre, G.R. No. 243574 (Notice), November 23, 2020, citing People v. Ramos, 715 Phil. 193, 206 (2013).
36.Rollo, p. 11.
37.Id. at 12.
38.People v. Jugueta, G.R. No. 233542, July 9, 2018; and People v. Laguerta, 783 Phil. 806 (2016).