That on or about the 3rd day of June, 2002, at about 2:00 o'clock early dawn, more or less, at [PPP],3 Philippines, and within the jurisdiction of this Honorable Court, while [AAA] was on her way to her grandmother's house from the benefit dance, herein accused, a cousin of herein complainant, with lewd designs, and by means of force and intimidation, get hold of her arm and did then and there drag her to the back of the barangay hall, by holding her hair and forcibly laid her to the ground, willfully, unlawfully and feloniously poked her a short bladed weapon known as 'pisao' forcibly took off her pants and panty and succeeded in having carnal knowledge with her against her will to her damage and prejudice.
Contrary to law.4
WHEREFORE, premises considered, judgment is hereby rendered finding the accused JIMMY ALVERIO guilty beyond reasonable doubt of the crime of rape. With no aggravating or mitigating circumstance, he is sentenced to the lesser penalty of reclusion perpetua; to indemnify [AAA] Fifty Thousand (P50,000.00) Pesos; and to pay the costs.
SO ORDERED.24
IN LIGHT OF ALL THE FOREGOING, the Decision of the Regional Trial Court, Branch 37, Caibiran, Naval, Biliran in Criminal Case No. CB-02-195 convicting the accused-appellant is AFFIRMED with MODIFICATION in that he is also hereby adjudged liable to pay the victim the amount of Php50,000.00 as moral damages.
His penalty of reclusion perpetua and the award of civil indemnity of Php50,000.00 stands.
Costs against the accused-appellant.
SO ORDERED.25
x x x (1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult for the person accused, though innocent, to disprove the charge; (2) considering that, in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evidence of the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense.
PROS. JOCOBO: Q Now can you tell now [since] there are no more persons around except you and the accused can tell to the Court, or were you able to reach in the house of your lola? A When I was walking I was suddenly held by Jimmy Alverio. Q Where were you already walking did Jimmy Alverio suddenly held you? A Near Brgy. Hall of Brgy. Maurang. Q What happened next after you were held by Jimmy Alverio near the brgy. hall of Maurang? A He tried to pull me but then I resisted, and Jimmy insisted by pulling me until I cried. Q Then even if you were already crying what next happened? A He drag me towards the back of the Brgy hall. Q Did you in fact drag to the brgy. hall? A Yes sir. Q While you were at the back of the brgy. hall can you tell this Honorable Court what happened? A [He] held my hair and he tried to undressed me but I resisted. Q Since he tried to undressed [sic] you and you were resisted [sic] was he able or was he successful in undressing you? A Yes sir. Q Despite of your resistance? A Yes sir. Q When you were already undressed what happened, can you tell this to the Honorable Court? A He tried kissed [sic] me several times and I resisted and I boxed him. Q After you have boxed him after kissing you what next happened? A He said that is painful I might retaliate with you. Q After hearing on that what did Jimmy had done to you? A I just cried I did not mind him anymore. Q How about Jimmy what was he doing? A He continued kissing me. Q After kissing you what next follow? ATTY. SABANDAL: I would like to request Your Honor that the prosecution would discontinue and encouraging very much because its up to the witness to answer Your Honor the question. Since previously it would [seem] that the witness could be able to answer only after so much question... PROS. JOBOCO: Your Honor please according to the circular on examining minors we will to give full support and we to understand the minors especially if victims of minor cases. ATTY. SABANDAL: It was not established that she is a minor, Your Honor. COURT: She is 14 years old. FROM THE COURT: Q Now you said that you were undressed by Jimmy Alverio, do you mean to say that you were already naked when you said undressed? A Yes sir. Q And when Jimmy Alverio kissing you several times were you already naked? A Yes sir. x x x x Q What did Jimmy do more while he was kissing several times and you were naked? COURT INTERPRETER: At this juncture Your Honor the witness is crying. COURT:td> Q And when you were naked was Jimmy also naked? A Yes sir. x x x x Q You were naked and Jimmy Alverio was also naked and Jimmy Alverio was kissing you so many times, what more did Jimmy Alverio do to you? A He inserted his penis. Q What were your position, were you standing, or you were lying down? A Lying position. Q Or something was placed on the ground? A On the ground. COURT: Alright Pros. Joboco you can proceed the continuation of your direct examination. PROS. JOBOCO: Q When you said when Jimmy Alverio was inserted his penis where was inserted? A to my vagina. Q And when Jimmy inserted his penis to your vagina what did you feel? A I felt pain. Q And when you felt pain what did you do? A I kept on crying. PROS. JOBOCO: I think that would be all Your Honor I think the witness already crying. COURT: How many times did Jimmy insert his penis to your vagina? A three (3) times. Q After the three (3) times intercourse with you what did Jimmy do to you? A He stood up and he dressed himself and he left me. Q Did he not leave words to you? A He told me that if you will told anybody in your family, your mother and your father I will kill you. Q Was she have arm [sic] at that time of the incident? A Yes sir. Q What arm or firearm or what? A a knife. Q Did he use that in forcing you to do the sexual acts? A Yes sir. Q By what means did he threatened you? A He poke it at my side. Q Now what would you mean, he poke it at my side, what did you do? A I remain there crying.33
WHEREFORE, premises considered, judgment is hereby rendered finding the accused JIMMY ALVERIO guilty beyond reasonable doubt of the crime of rape. With no aggravating or mitigating circumstance, he is sentenced to the lesser penalty of reclusion perpetua; to pay [AAA] Fifty Thousand (P50,000.00) Pesos as civil indemnity, Fifty Thousand (P50,000.00) as moral damages and Thirty Thousand (P30,000.00) as exemplary damages with interest of six percent (6%) per annum on all awards of damages from the finality of judgment until fully paid; and to pay the costs.
Endnotes:
1 Rollo, pp. 2-10. Penned by Associate Justice Edwin D. Sorongon and concurred in by Associate Justices Edgardo L. Delos Santos and Socorro B. Inting.
2 CA rollo, pp. 79-83. Penned by Judge Pepe P. Romael.
3 Any information to establish or compromise the identity of the victim, as well as those of her immediate family or household members, shall be withheld, and fictitious initials are used, pursuant to Republic Act No. 7610, "An Act Providing for Stronger Deterrence and Special Protection Against Child Abuse, Exploitation and Discrimination, 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"; Section 40 of A.M. No. 04-10-11-SC, known as the "Rule on Violence Against Women and Their Children," effective November 5, 2004; and People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419.
4 Records, p. 1.
5 TSN, September 9, 2003, p. 3.
6 Id. at 5.
7 Id. at 6.
8 Id. at 7.
9 Id. at 8.
10 Id. at 8-9.
11 Id. at 9.
12 Id. at 9-12.
13 Id. at 12.
14 Id. at 13.
15 TSN, February 24, 2004, pp. 7-10.
16 Id. at 10.
17 Id. at 11.
18 Id. at 12.
19 Id. at 15.
20 Id. at 14.
21 Id. at 20.
22 TSN, March 8, 2004, pp. 1-12.
23 TSN, May 4, 2004, pp. 1-9.
24 CA rollo, p. 24.
25 Rollo, p. 11.
26 CA rollo, p. 69.
27 G.R. No. 185724, June 5, 2009, 588 SCRA 817, 825.
28 Id.
29 People v. Malana, G.R. No. 185716, September 29, 2010.
30 People v. Malate, G.R. No. 185724, June 5, 2009, 588 SCRA 817, 825.
31 People v. Escoton, G.R. No. 183577, February 1, 2010, 611 SCRA 233, 243.
32 People v. Burgos, G.R. No. 117451, September 29, 1997, 279 SCRA 697, 705.
33 TSN, September 9, 2003, pp. 7-13.
34 People v. Cabudbod, G.R No. 176348, April 16, 2009, 585 SCRA 499, 508.
35 People v. Domingo, G.R. No. 177744, November 23, 2007, 538 SCRA 733, 737.
36 People v. Gingos, G.R. No. 176632, September 11, 2007, 532 SCRA 670, 683.
37 People v. Combate, G.R. No. 189301, December 15, 2010.