That on or about the 17th day of October 2001, in "BBB,"6 "CCC," and within the jurisdiction of this Honorable Court, the above-named accused, by means of force and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with the complainant "AAA," 18 years old, against her will and consent.
CONTRARY TO LAW.
The evidence for the prosecution shows that on October 17, 2001, at around 10:00 o'clock in the evening, "AAA," accompanied x x x her cousin in going out of "DDD" in "BBB." On her way back home, "AAA" passed by a bakery where Olesco was working. Thereafter, somebody pulled her and covered her mouth with a hanky which caused her to be unconscious. When she regained consciousness at around 11:00 o'clock p.m., "AAA" found herself naked beside Olesco inside a room located near the bakery. Her whole body ached, especially her cheeks, tummy and her private part. "AAA" then slapped the accused three times and asked him why he raped her. Olesco answered that he would kill her should she report the incident to the police. After a while, accused told her to go home. She dressed up immediately and went home running.
When she arrived home, "AAA" told her cousin "EEE" about what happened. After two (2) days, "AAA" reported the incident to the barangay. The barangay officials asked her the whereabouts of the accused which she did not know then as she saw the accused [only] once and knows him only by face since at that time, she was just a week old in "DDD."
"AAA" explained that she was able to report the incident to the barangay officials two days after it happened since when she woke up in the morning of October 18, 2001, it was already 9:00 o'clock a.m. and she could not stand as her whole body ached.
Thereafter, the barangay officials referred the matter to the police. An investigation was subsequently conducted. Thereafter, "AAA" was referred to the Philippine National Police Crime Division, Camp Crame, Quezon City, for medico-legal examination.
On October 20, 2001, Dr. Jericho Angelito Q. Cordero, a Medico-Legal Officer based at the Philippine National Police Crime Laboratory, Camp Crame, Quezon City, conducted a physical and genital examination on "AAA." x x x
x x x x
According to Dr. Cordero, at the time of the examination, "AAA" was in a non-virgin state physically which means that she had a previous intercourse x x x about ten days or maybe a year ago. "AAA" had also a lacerated wound with a healing period of about ten (10) to fifteen (15) days caused by a hard, blunt instrument inserted into her vagina like a finger or an erect penis which would fit and succumb to elasticity or x x x a stick. He also testified that the laceration of the victim was consistent with the time of the alleged commission of the crime. He likewise testified that "AAA" told him that she only discovered the wounds when she woke up [naked] at about 10:00 o'clock in the evening of October 17, 2001 with Olesco beside her x x x. Aside from his Initial Medico-Legal Report, he likewise made his Final Report No. M-2674-01 (Exhibit "E") whereby he concluded that there are no external signs of any form of trauma on the external genital area which has a deep healed laceration consistent with sexual intercourse.
Olesco denied having raped "AAA" and put up the "sweetheart defense". He testified that he worked as a baker for five (5) months in a bakery inside "FFF," "BBB," owned by Rafael Arimado. Prior to the alleged rape incident, "AAA" used to buy bread in the bakery. He came to know her when "AAA" introduced herself x x x. After three months, he and "AAA" became sweethearts. According to Olesco, there is no truth to the complaint filed against him by "AAA." He alleged that it was "AAA" who went to him at the bakery at around 7:00 o'clock in the evening of October 17, 2001. "AAA" wanted him to go with her [to her] province in Leyte, to which he agreed. The room referred to by "AAA" is for the female workers near the bakery where they talked in the presence of their employer. Che-Che and Alex, his co-workers, Jerry and Annalyn Arimando were also inside the room when they entered but they went out. He further testified that during his second month stay in the bakery, he got attracted to "AAA" whom he used to see every afternoon and they talked even for just a minute until he proposed his love to her x x x. When they became steady, there were occasions that they kissed each other, held hands and x x x even made love in a room beside the bakery prior to October 17, 2001 at around 9:00 o'clock in the evening and thereafter, "AAA" left at 10:00 o'clock. However, on October 18, 2001, "AAA" had him arrested by the barangay tanods [who] brought [him] to the Coastal Police Headquarters.8
In fine, the Court finds accused, REYNALDO OLESCO Y ONDAYANG liable for SIMPLE RAPE under Article 266-A, par. 1 3(b) in relation to Art. 266-B of the Revised Penal Code as amended by R.A. 8353 and the penalty to be meted the accused should be RECLUSION PERPETUA in the absence of any aggravating or qualifying circumstance which is from twenty (20) years and one (1) day to forty (40) years of imprisonment.
Moreover, accused has to indemnify the private complainant the amount of P50,000.00 as civil indemnity as well as the amount of P50,000.00 as moral damages. This is because "under the present case law, an award of P50,000.00 as civil indemnity is mandatory upon finding of the fact of rape. This is exclusive of the award of moral damages of P50,000.00 without need of further proof as it is now recognized as inherently concomitant with and necessarily proceeds from the appalling crime of rape which per se warrants an award for moral damages. (People v. Caratay, 316 SCRA 251).
WHEREFORE, the prosecution having been able to prove the guilt of accused, REYNALDO OLESCO y ONDAYANG beyond reasonable doubt of the crime of SIMPLE RAPE defined and punished under Art. 266-A, par. 1[,] 3(b) in relation to Art. 266-B of the Revised Penal Code as amended by R.A. 8353[,] accused REYNALDO OLESCO y ONDAYANG is hereby sentenced to suffer the penalty of RECLUSION PERPETUA.
Pursuant to existing jurisprudence, accused REYNALDO OLESCO y ONDAYANG, is ordered to indemnify "AAA," the private complainant, the amount of P50,000.00 as civil indemnity and P50,000.00 as moral damages.
No pronouncement as to cost.
SO ORDERED.9
WHEREFORE, the assailed September 23, 2003 Decision of the Regional Trial Court of Parañaque City, Branch 258, in Criminal Case No. 01-01193, is hereby AFFIRMED in its entirety.
SO ORDERED.20
It has been duly established that when "AAA" passed by the bakery, Olesco immediately pulled her and covered her mouth with a handkerchief. She smelled something like a "snow bear" and lost consciousness. Thereafter, Olesco raped her.
In other words, "AAA" became unconscious after accused employed force on her; that is, pulling her and covering her mouth with a "snow bear" smelling hanky. The act of pulling her and covering her face with a drug-laced hanky is the immediate cause why "AAA" fell unconscious which facilitated accused's bestial desire against "AAA." There is, therefore, no truth to the claim of Olesco that no force was employed upon "AAA" to satisfy his bestial desire. It is a well-established doctrine that for the crime of rape to exist, it is not necessary that the force employed accomplishing it be so great or of such character as could not be resisted; it is only necessary that the force employed by the guilty party be sufficient to consummate the purpose which he had in view x x x. Thus, the use of force and intimidation as alleged in the information has been sufficiently established.21
Based on the foregoing, the Court in its careful analysis of the testimonies of the prosecution witnesses as compared to that of the defense, found that those of the former carry greater weight and credence for being straightforward, reasonable, clear and categorical which is entirely different from the allegations of the defense. To the Court, the rape was consummated under paragraph 1, 3(b) of Article 266-A of the Revised Penal Code.23
Q So, you said you came to know this "AAA" since she used to buy bread at the bakery and you testified that you became steady. Can you remember what particular month or date you became steady with "AAA"? A I cannot remember that anymore, ma'am. x x x x Q And do you have any remembrance or anything that will prove that this "AAA" has been your steady or girlfriend? A None, ma'am. Q And how long did you become steady with this "AAA" before October 17? A Three (3) months, ma'am.27
Endnotes:
1 Also spelled as Ondayang in some parts of the records.
2 People v. Bautista, G.R. No. 140278, June 3, 2004, 430 SCRA 469, 471.
3 CA rollo, pp. 107-116; penned by Associate Justice Elvi John S. Asuncion and concurred in by Associate Justices Noel G. Tijam and Mariflor P. Punzalan Castillo.
4 Records, pp. 132-138; penned by Judge Raul E. De Leon.
5 Id. at 1.
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, 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 5, 2004.
7 Records, p. 18.
8 CA rollo, pp. 108-111.
9 Records, pp. 137-138.
10 Id. at 135.
11 Id.
12 Id.
13 Id. at 136.
14 Id.
15 Id.
16 Id.
17 Id.
18 Id. at 159.
19 Id. at 160.
20 CA rollo, p. 116.
21 Id. at 112.
22 People v. Bautista, supra note 2 at 488.
23 Records, p. 144.
24 People v. Bautista, supra note 2 at 478-479.
25 People v. Magbanua, G.R. No. 176265, April 30, 2008, 553 SCRA 698, 704.
26 People v. Baldo, G.R. No. 175238, February 24, 2009, 580 SCRA 225, 232.
27 TSN, January 30, 2003, p. 12.
28 People v. Magbanua, supra note 25.
29 Q Now, you said that on October 17, 2001, you only went with "AAA" to a room and talked for about five (5) minutes and now the following day she is filing a case of rape against you. Do you know of any reason for her filing a case of rape when you said that nothing happened that night?
A I do not understand why she filed a complaint of rape against me, sir.
x x x x
Q So, you are saying now, Mr. Witness, that there is no reason for "AAA" to have filed this rape case because nothing happened. You did not quarrel or there was never a confrontation between you [on the night of] October 17, 2001, am I correct?
A I do not know the reason why, ma'am. (TSN, January 30, 2003, pp. 11 and 15.)
30 People v. Alverio, G.R. No. 194259, March 16, 2011.