G.R. No. 210619, August 20, 2014
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. CHARLES REYES Y MARASIGAN, Accused-Appellant.
R E S O L U T I O N
Criminal Case No. C-02-6987
“That sometime in the month of May, 2002, at Barangay Calero, City of Calapan, Province of Oriental Mindoro, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and lewd design, and by means of force and intimidation, willfully, unlawfully and feloniously did lie, and succeeded in having carnal knowledge [of] [AAA], an eleven (11) year-old[-] daughter of his common-law wife, against her will and without her consent, to the damage and prejudice of the latter.”5cralawred
Criminal Case No. C-02-6988
“That on or about the 5th day of August, 2002, at Barangay Calero, City of Calapan, Province of Oriental Mindoro, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, motivated by lust and unchaste design, and by means of force and intimidation, willfully, unlawfully and feloniously did lie, and succeeded in having carnal knowledge [of] [AAA], an eleven (11) year-old[-] daughter of his common-law wife, against her will and without her consent, to the damage and prejudice of the latter.”6
In 2002, [AAA] was an eleven (11) year old girl, having been born on October 31, 1990. She is living with her mother [BBB] and her common-law husband, [herein accused-appellant,] in their residence in Barangay Calero, Calapan City.
Sometime in May 2002, while [AAA] was alone inside the room of their house, [the accused-appellant] entered the room and touched her breasts, afterwhich, [the accused-appellant] removed her clothes, sando shirt, shorts and panty; she tried to go out of the room but [the accused-appellant] did not allow her to do so. Then, [the accused-appellant] removed his shorts and brief[s], placed himself on top of her and tried to insert his penis into her vagina causing her to feel pain; failing to insert his penis into her vagina, [the accused-appellant] put on his shorts and brief[s] and went out of the house. [AAA] also put on her clothes and proceeded to the house of their neighbor where she watched a television program. At the time of the rape incident, her mother was not in their house because she was instructed by [the accused-appellant] to go to the market; also, the mother of [the accused-appellant], who was living with them, was at the time in the house of their neighbor. Although she was able to talk to her mother after the rape incident, she did not inform her about it because she was afraid of the threat of [the accused-appellant] that the latter will kill her and her mother.
On August 5, 2002, at around four o’clock in the afternoon, [AAA] was again alone in the room of their house when [the accused-appellant] entered the room. He removed her blouse, skirt, sando shirt and panty. She was not able to do anything because [the accused-appellant] threatened to kill her and her mother. While naked, [the accused-appellant] placed himself on top of her and tried to insert his penis into her vagina. She tried to push [the accused-appellant] away but she was unsuccessful. She felt pain in her vagina when [the accused-appellant] made a push and pull motion. Thereafter, [the accused-appellant] put on his shorts and brief[s] and left her in the room[,] afterwhich, she put on her clothes. At the time of the incident, her mother was in the market while her siblings CCC and DDD were somewhere else. About one hour after the incident, her mother and her two siblings arrived but she was not able to do anything because she was afraid.
At around 8:00 o’clock in the evening, she told her mother about the rape incidents. Her mother and an employee of the Department of Social Welfare and Development (DSWD) accompanied her to the Calapan City Police Station where they reported the rape incidents.
On August 6, 2002, [Dr. Nieva-Bolor] x x x conducted a physical examination on [AAA] and issued a medical certificate with the following findings:chanRoblesvirtualLawlibraryxxx the presence of vulvar erythema, incomplete hymenal laceration and complete hymenal lacerations, possibly caused by insertion of the penis, among others, xxx incomplete healed hymenal laceration at 3:00 o’clock position and complete healed hymenal lacerations at 5, 6, 8 and 9 o’clock positions which were probably caused by masturbation, insertion of hands or objects or the insertion of a hard or erect penis during actual sexual intercourse.10 (Citations omitted)
ACCORDINGLY, finding herein accused Charles Reyes y Marasigan GUILTY beyond reasonable doubt as principal by direct participation [in] two counts of Rape, punishable under paragraph 1 (a) of Article 266-A of the Revised Penal Code, said accused is hereby sentenced to suffer the penalty of two (2) RECLUSION PERPETUA with all the accessory penalties as provided for by law. Further, the accused is hereby directed to indemnify [AAA] in the amount of One Hundred Thousand Pesos ([P]100,000.00) as civil indemnity, the amount of Seventy-Five Thousand Pesos ([P]75,000.00) as moral damages and the amount of Fifty Thousand Pesos ([P]50,000.00) as exemplary damages.
13. T Noon bang una kang hindutin ng iyong Daddy ay pumasok ang titi nito sa iyong ari? S Opo[,] pumasok po iyon. 14. T Ano naman ang naramdaman mo ng ipasok ng iyong Daddy ang kanyang titi sa iyong ari? S Labis po akong nasaktan. x x x x 6. T Maari mo bang isalaysay ang mga pangyayari kung iyong matandaan pa? S … pilit niyang ipinasok ang kanyang uten sa aking maliit na puki na ako nga po ay halos mawalan ng malay o ulirat sa ginawa niyang pagpasok ng kanyang uten sa aking puki…21 (Citations omitted)
[AAA’s] testimony has the ring of truth as it was given in a simple but clear and straightforward manner.
On the face of the overwhelming evidence against him, [the] accused-appellant capitalizes on the perceived absence of penetration during the first incident of rape. x x x This contention of the accused-appellant is a lie, in view of the victim’s declaration that she felt pain in her private part because [the] accused-appellant, while on top of her and doing a pumping motion, tried to insert his penis into her vagina. It must be emphasized at this juncture that an entry, to the least extent, of the labia or lips of the female organ is sufficient. In fact, remaining a virgin does not negate rape.
x x x [T]he absence of fresh lacerations in the hymen cannot be a firm indication that she was not raped. Hymenal lacerations are not an element of rape.
As regards the second count of rape committed on August 5, 2002, the testimony of the victim alone is sufficient to convict the accused-appellant. x x x:chanRoblesvirtualLawlibrary[AAA gave a detailed testimony that she was still wearing her school uniform when the accused-appellant entered the room, undressed and went on top of her, then made pumping motions, which caused her to feel pain in her vagina.]chanrobleslaw
The victim’s testimony, taken in its entirety, revealed a clear picture of the consummation of the crime of rape and that the accused-appellant was the author thereof. Notwithstanding this, the accused-appellant harps on the fact that the medical examination of the victim did not show fresh lacerations in the victim’s private part but only incomplete hymenal laceration at 3 o’clock position and completely healed lacerations at 5, 6, 8 and 9 o’clock positions.
In People v. Evangelio[,] the Supreme Court reiterated the rule that the absence of fresh lacerations does not prove that the victim was not raped. x x x [T]he presence of healed hymenal lacerations the day after the victim was raped does not negate the commission of rape by the accused-appellant when the crime was proven by the combination of highly convincing pieces of evidence. In addition, a medical examination and a medical certificate are merely corroborative and are not indispensable to the prosecution of a rape case.
In this case, the medical finding that [the] complainant had a [sic] incomplete hymenal lacerations at 3, 5, 6, 8 and 9 o’clock positions clearly corroborated the victim’s truthful admission that she had been sexually abused by the accused-appellant.
x x x x
x x x We have long adhered to the rule that findings of the trial court on the credibility of witnesses and their testimonies are accorded great respect unless it overlooked substantial facts and circumstances, which if considered, would materially affect the result of the case.26 (Citations omitted)chanrobleslaw
Statutory rape is committed by sexual intercourse with a woman below 12 years of age regardless of her consent, or the lack of it, to the sexual act. Proof of force, intimidation or consent is unnecessary as they are not elements of statutory rape, considering that the absence of free consent is conclusively presumed when the victim is below the age of 12. At that age, the law presumes that the victim does not possess discernment and is incapable of giving intelligent consent to the sexual act. Thus, to convict an accused of the crime of statutory rape, the prosecution carries the burden of proving: (a) the age of the complainant; (b) the identity of the accused; and (c) the sexual intercourse between the accused and the complainant.28 (Citation omitted and italics ours)chanrobleslaw
* Acting Member per Special Order No. 1750 dated August 11, 2014 vice Associate Justice Martin S. Villarama, Jr.
1See Notice of Appeal, rollo, pp. 15-16.
2 Penned by Associate Justice Noel G. Tijam, with Associate Justices Leoncia R. Dimagiba and Ramon A. Cruz, concurring; id. at 2-14.
3 Issued by Judge Tomas C. Leynes; CA rollo, pp. 15-24.
4 The real name of the victim, her personal circumstances and other information which tend to establish or compromise her identity, as well as those of her immediate family or household members, shall not be disclosed to protect her privacy and fictitious initials shall, instead, be used in accordance with People v. Cabalquinto (533 Phil. 703 ), and A.M. No. 04-11-09-SC dated September 19, 2006.
5 CA rollo, p. 15.
6 Id. at 15-16.
7Rollo, p. 4
8 See list of Exhibits presented by the Prosecution, CA rollo, p. 8.
9 Id. at 19.
10 Id. at 70-72.
11 Id. at 20-21.
12Rollo, p. 6.
13 CA rollo, pp. 15-24.
14 Id. at 22.
15 Id. at 22-23.
16 Id. at 23.
18 Id. at 24.
19 Id. at 46-47.
20 Id. at 48-50.
21 Id. at 74-75.
22 Id. at 73-74.
23 Id. at 76-77.
24 Id. at 80.
25Rollo, pp. 2-14.
26 Id. at 9-13.
27 G.R. No. 207819, March 12, 2014.
29People of the Philippines v. Hermenigildo Delen y Escobilla, G.R. No. 194446, April 21, 2014, citing People v. Oden, 471 Phil. 638, 667 (2004).
30 Id, citing People v. Leonardo, G.R. No. 181036, July 6, 2010, 624 SCRA 166, 193.
31 AN ACT PROHIBITING THE IMPOSITION OF DEATH PENALTY IN THE PHILIPPINES.
32 Supra note 27, citing Sections 2 and 3, R.A. No. 9346.
34 People v. Cruz, G.R. No. 201728, July 17, 2013, 701 SCRA 548, 559-560.