EN BANC
[G.R. No. L-37792. June 24, 1983.]
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. LEONARDO MAALA alias Narding, Accused-Appellant.
The Solicitor General for Plaintiff-Appellee.
Cresenciano Espino (counsel de oficio) for Accused-Appellant.
SYLLABUS
1. REMEDIAL LAW; EVIDENCE; INCREDIBILITY OF WITNESSES’ TESTIMONIES; FAILURE TO POINT OUT PORTIONS AVERRED AS SUCH. — In this appeal, the counsel de oficio contends that the testimonies of the prosecution witnesses are incredible, that the trial court did not take into consideration defendant’s evidence and that the guilt of the accused was not proven beyond reasonable doubt. These contentions are devoid of merit. The accused failed to point out what portions of the testimonies were unreliable. His argument contained very little discussion of the factual issues.
2. ID.; ID.; WITNESS; LACK OF MOTIVE TO FABRICATE. — The fact that no time was lost in reporting the case to the Constabulary and in having the offended girl examined shows that the charge was not a frameup, as pretended by the accused. No decent girl would expose herself to the scandal of having been raped by a married man and undergo the ordeal and trouble of a public trial if the charge were not true.
3. ID.; RAPE; WHEN QUALIFIED. — The crime is qualified rape because the accused was armed with a gun which he used in hitting the shoulder of the victim.
4. ID.; ID.; INDEMNITY; AWARD THEREOF IF OVERLOOKED. — The trial court failed to impose an indemnity. The accused is ordered to pay the victim an indemnity of twelve thousand pesos (Art. 345, Revised Penal Code).
2. ID.; ID.; WITNESS; LACK OF MOTIVE TO FABRICATE. — The fact that no time was lost in reporting the case to the Constabulary and in having the offended girl examined shows that the charge was not a frameup, as pretended by the accused. No decent girl would expose herself to the scandal of having been raped by a married man and undergo the ordeal and trouble of a public trial if the charge were not true.
3. ID.; RAPE; WHEN QUALIFIED. — The crime is qualified rape because the accused was armed with a gun which he used in hitting the shoulder of the victim.
4. ID.; ID.; INDEMNITY; AWARD THEREOF IF OVERLOOKED. — The trial court failed to impose an indemnity. The accused is ordered to pay the victim an indemnity of twelve thousand pesos (Art. 345, Revised Penal Code).
D E C I S I O N
AQUINO, J.:
Leonardo Maala appealed from the decision of the Court of First Instance of Batangas, Balayan, Branch VII, convicting him of rape and sentencing him to reclusion perpetua. No indemnity was imposed (Criminal Case No. 232.)
According to the prosecution, while Elena Maala, 16, was sleeping inside her room at her house located at Barrio Mataas na Bayan, Lemery, Batangas in the early morning of August 17, 1971, she was awakened at about three o’clock by the fact that a person was on top of her.
She recognized that person as Leonardo Maala, a neighbor and a married man, who was armed with a gun. He placed his hand on her mouth and threatened to shoot her if she would not yield to his libidinous desire. He struck her shoulder with his gun, mashed her breasts, tore her dress and removed her panty (Exh. A and B).
Maala was able to have carnal knowledge of her. Because of the pain, she lost consciousness. When she regained consciousness, Maala was no longer in the house. Her weeping awakened her sister, Teodora, who slept in the "comedor." It was her first sexual intercourse. Maala was not her friend. (15 tsn March 28, 1972.) (The relationship between them is not shown in the record.).chanrobles virtual lawlibrary
Her mother, Trinidad Obrador, who was not in the house at the time, returned home that same morning of August 17 and reported the rape to the Constabulary Detachment at Barrio Mahayahay, Lemery where Elena narrated the incident in a sworn statement (Exh. C).
The medical examination on the same day revealed lacerations of the hymen at the 5 and 9 o’clock positions "with slight congestion" and mucoid discharge at the vaginal orifice. The doctor found that Elena had contusions on both cheeks, breasts and right shoulder (Exh. E). The examining doctor testified that the lacerations in the hymen were still fresh and had been caused within twenty-four hours prior to the medical examination.
Maala, 19, a farmer, admitted that he had sexual intercourse with Elena but claimed that it was with her consent because she was his sweetheart. He said that it was the seventh sexual intercourse, the first having taken place on July 3, 1971 in the "batalan" of her house. He showed Elena’s mother his diary to convince her that she was his sweetheart. The mother threw away the diary, allegedly beat Elena and forced her to file the complaint. However, the accused did not present the said diary in evidence although it was not shown to have been irretrievably lost.
The trial court regarded the defense of the accused as fabricated and unworthy of credence. In this appeal the counsel de oficio contends that the testimonies of the prosecution witnesses are incredible, that the trial court did not take into consideration defendant’s evidence and that the guilt of the accused was not proven beyond reasonable doubt. These contentions are devoid of merit. The accused failed to point out what portions of the testimonies were unreliable. His argument contained very little discussion of the factual issues.
Judge Jaime de los Angeles made an exhaustive analysis of the evidence for the prosecution and refuted the contentions of the accused. He arrived at the conclusion that the prosecution’s evidence considerably outweighs the evidence presented by the defense.
The fact that no time was lost in reporting the case to the Constabulary and in having the offended girl examined shows that the charge was not a frameup, as pretended by the accused. No decent girl would expose herself to the scandal of having been raped by a married man and undergo the ordeal and trouble of a public trial if the charge were not true.
The crime is qualified rape because the accused was armed with a gun which he used in hitting the shoulder of the victim. The crime was aggravated by nocturnity and dwelling. Qualified rape is punished with reclusion perpetua to death. For lack of necessary votes, the death penalty cannot be imposed.chanrobles virtual lawlibrary
The trial court failed to impose an indemnity. The accused is ordered to pay the victim an indemnity of twelve thousand pesos (Art. 345, Revised Penal Code).
WHEREFORE, the trial court’s judgment is affirmed with the modification that the accused should pay Elena Maala an indemnity of twelve thousand pesos. Costs against the accused.
SO ORDERED.
Fernando, C.J., Teehankee, Makasiar, Concepcion, Jr., Guerrero, Abad Santos, De Castro, Melencio-Herrera, Plana, Escolin, Vasquez, Relova and Gutierrez, Jr., JJ., concur.
According to the prosecution, while Elena Maala, 16, was sleeping inside her room at her house located at Barrio Mataas na Bayan, Lemery, Batangas in the early morning of August 17, 1971, she was awakened at about three o’clock by the fact that a person was on top of her.
She recognized that person as Leonardo Maala, a neighbor and a married man, who was armed with a gun. He placed his hand on her mouth and threatened to shoot her if she would not yield to his libidinous desire. He struck her shoulder with his gun, mashed her breasts, tore her dress and removed her panty (Exh. A and B).
Maala was able to have carnal knowledge of her. Because of the pain, she lost consciousness. When she regained consciousness, Maala was no longer in the house. Her weeping awakened her sister, Teodora, who slept in the "comedor." It was her first sexual intercourse. Maala was not her friend. (15 tsn March 28, 1972.) (The relationship between them is not shown in the record.).chanrobles virtual lawlibrary
Her mother, Trinidad Obrador, who was not in the house at the time, returned home that same morning of August 17 and reported the rape to the Constabulary Detachment at Barrio Mahayahay, Lemery where Elena narrated the incident in a sworn statement (Exh. C).
The medical examination on the same day revealed lacerations of the hymen at the 5 and 9 o’clock positions "with slight congestion" and mucoid discharge at the vaginal orifice. The doctor found that Elena had contusions on both cheeks, breasts and right shoulder (Exh. E). The examining doctor testified that the lacerations in the hymen were still fresh and had been caused within twenty-four hours prior to the medical examination.
Maala, 19, a farmer, admitted that he had sexual intercourse with Elena but claimed that it was with her consent because she was his sweetheart. He said that it was the seventh sexual intercourse, the first having taken place on July 3, 1971 in the "batalan" of her house. He showed Elena’s mother his diary to convince her that she was his sweetheart. The mother threw away the diary, allegedly beat Elena and forced her to file the complaint. However, the accused did not present the said diary in evidence although it was not shown to have been irretrievably lost.
The trial court regarded the defense of the accused as fabricated and unworthy of credence. In this appeal the counsel de oficio contends that the testimonies of the prosecution witnesses are incredible, that the trial court did not take into consideration defendant’s evidence and that the guilt of the accused was not proven beyond reasonable doubt. These contentions are devoid of merit. The accused failed to point out what portions of the testimonies were unreliable. His argument contained very little discussion of the factual issues.
Judge Jaime de los Angeles made an exhaustive analysis of the evidence for the prosecution and refuted the contentions of the accused. He arrived at the conclusion that the prosecution’s evidence considerably outweighs the evidence presented by the defense.
The fact that no time was lost in reporting the case to the Constabulary and in having the offended girl examined shows that the charge was not a frameup, as pretended by the accused. No decent girl would expose herself to the scandal of having been raped by a married man and undergo the ordeal and trouble of a public trial if the charge were not true.
The crime is qualified rape because the accused was armed with a gun which he used in hitting the shoulder of the victim. The crime was aggravated by nocturnity and dwelling. Qualified rape is punished with reclusion perpetua to death. For lack of necessary votes, the death penalty cannot be imposed.chanrobles virtual lawlibrary
The trial court failed to impose an indemnity. The accused is ordered to pay the victim an indemnity of twelve thousand pesos (Art. 345, Revised Penal Code).
WHEREFORE, the trial court’s judgment is affirmed with the modification that the accused should pay Elena Maala an indemnity of twelve thousand pesos. Costs against the accused.
SO ORDERED.
Fernando, C.J., Teehankee, Makasiar, Concepcion, Jr., Guerrero, Abad Santos, De Castro, Melencio-Herrera, Plana, Escolin, Vasquez, Relova and Gutierrez, Jr., JJ., concur.
