THIRD DIVISION
G.R. No. 201110, July 06, 2015
PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JEFFREY VICTORIA Y CRISTOBAL, Accused-Appellant.
D E C I S I O N
VILLARAMA, JR., J.:
Before us is an appeal from the Decision1 dated July 28, 2011 of the Court of Appeals (CA) in CA-G.R. CR.-H.C. No. 03973 which affirmed the conviction of Jeffrey Victoria (accused-appellant) for the crime of rape.
The Information2 dated December 5, 2006, which charged the accused-appellant with rape, reads:
That, on or about the 1st day of December 2006, in the Municipality of Binangonan, Province of Rizal, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, by means of force, threat and intimidation, did then and there willfully, unlawfully and feloniously have sexual intercourse with [AAA3], a minor, fifteen (15) years old at the time of the commission of the offense, against her will and consent, to her damage and prejudice.Upon arraignment, the accused-appellant pleaded not guilty to the charge. Trial on the merits ensued.
CONTRARY TO LAW.
The foregoing considered, we find accused Jeffrey Victoria GUILTY beyond reasonable doubt of rape under Article 266-A, Paragraph l(a) in relation to Article 266-B, Revised Penal Code and sentence him to serve a penalty of Reclusion Perpetua. We further order him to pay P50,000.00 as moral damages and P50,000.00 as exemplary damages plus costs.In finding the accused-appellant guilty of the crime of rape, the trial court gave full faith and credence to the testimony of AAA. According to the trial court, her testimony was straightforward, candid, unshaken by cross-examination and unflawed by inconsistencies or contradictions in its material points. Furthermore, the trial court also ruled that her testimony was supported by the medico-legal findings of hymenal lacerations which showed forcible defloration. On the other hand, the trial court struck down the accused-appellant's "sweetheart defense" which was not substantiated by any documentary evidence like mementos, love letters, notes, pictures and the like. Assuming the "sweetheart defense" can pass muster, the trial court observed that such sweetheart cannot be forced to have sex against her will.
SO ORDERED.5
WHEREFORE, premises considered, the appeal is hereby DENIED. The assailed Decision dated 29 April 2009 of the Regional Trial Court, Branch 67 of Binangonan, Rizal is AFFIRMED.Hence, this appeal.
SO ORDERED7
In rape, the "sweetheart" defense must be proven by compelling evidence: first, that the accused and the victim were lovers; and, second, that she consented to the alleged sexual relations. The second is as important as the first, because this Court has held often enough that love is not a license for lust.Accused-appellant failed in both aspects.
The above testimony is bolstered by the medico-legal finding of hymenal laceration on AAA's genitalia which is strong evidence of penile invasion.12 It is well to note that we have consistently declared that a rape victim's account is sufficient to support a conviction for rape if it is straightforward, candid and corroborated by the medical findings of the examining physician,13 as in the present case.
xxxx Q - After you were informed that the lugawan was closed what happened? A - I was ahead of them in walking, ma'am. Q - What did the accused do when you were walking ahead of them? A - He called me and told me to let Michael and Noel go ahead, ma'am. Q - What happened? What did you do when you were instructed to let the two go ahead? A - I stopped and he sat down at the ground, ma'am. Q - Where was that when he sat down? A - At the APS Construction Supply, ma'am. Q - What happened while you were seated there in front of APS Construction Supply? A - I asked him to leave APS ma'am. Q - And what did the accused do when you asked him to leave the APS? A - He stood up and proceeded to a dark place, ma'am. Q - How about you, what did you do when he proceeded to the dark place? A - He called me, ma'am. Q - What did you do when he summoned you? A - I came near, ma'am. Q - When you approached him what happened next? A - He stood up and he sat down again on the pile of gravel, ma'am. Q - What happened after that? A - He sat down and he pulled me and told me to sit down also, ma'am. Q - What did you do when he pulled you down? A - I sat down and he embraced me and he brought me to a grassy place, ma'am. Q - How far was that from the APS Construction Supply? A - It's also there at the APS ma'am. Q - What was the source of illumination in that place? A - None, ma'am. Q - And after that, what happened after you were brought to the grassy area? A - He undressed me. He removed my pedal shorts and he kissed me, ma'am. Q - Why did you not run away from him when he was already removing your pedal shorts? A - He was holding me, ma'am. Q - Why did you not shout? A - He covered my mouth with his hand, ma'am. Q - After removing your pedal shorts and kissing you, what happened next? A - He also removed his shorts, ma'am. Q - So at that time he was removing his shorts, why did you not run away from him? A - He was holding me tight, ma'am, (inipit niya ako) Q - What was your position when he was holding you tight? A - I was lying down, ma'am. Q - After the accused was able to remove his shorts, what happened next? A - He inserted his penis to my vagina, ma'am. Q - What did you feel when he inserted his penis to your vagina? A - "Ang sakit-sakit po!" Q - After inserting his penis what kind of movement did he make? A - Up and down po, ma'am. x x x x COURT: Habang ini-spread niya iyong legs mo ano sinasabi niya sa iyo? WITNESS: None Your Honor. COURT: Ano sinasabi mo sa kanya? WITNESS: Nagmamakaawa po ako sa kanya na huwag gawin. COURT: Ano sabi niya? WITNESS: Wala po. COURT: Kung ayaw mong gawin niya iyon, bakit hindi mo siya itinulak? WITNESS: Hindi ko po siya naitulak kasi nakapatong po siya sa akin.11
A person accused of a serious crime such as rape will tend to escape liability by shifting the blame on the victim for failing to manifest resistance to sexual abuse. However, this Court has recognized the fact that no clear-cut behavior can be expected of a person being raped or has been raped. It is a settled rule that failure of the victim to shout or seek help do not negate rape. Even lack of resistance will not imply that the victim has consented to the sexual act, especially when that person was intimidated into submission by the accused. In cases where the rape is committed by a relative such as a father, stepfather, uncle, or common law spouse, moral influence or ascendancy takes the place of violence. In this case, AAA's lack of resistance was brought about by her fear that Pareja would make good on his threat to kill her if she ever spoke of the incident.In the case at bar, the lack of resistance on the part of AAA or her unusual behavior after the sexual intercourse has no impact on her credibility as a witness.
AAA's conduct, i.e., acting like nothing happened, after being sexually abused by Pareja is also not enough to discredit her. Victims of a crime as heinous as rape, cannot be expected to act within reason or in accordance with society's expectations. It is unreasonable to demand a standard rational reaction to an irrational experience, especially from a young victim. One cannot be expected to act as usual in an unfamiliar situation as it is impossible to predict the workings of a human mind placed under emotional stress. Moreover, it is wrong to say that there is a standard reaction or behavior among victims of the crime of rape since each of them had to cope with different circumstances.
Time and time again, we have said that a rape victim — especially one of tender age — would not normally concoct a story of defloration, allow an examination of her private parts and thereafter permit herself to be subjected to a public trial, if she is not motivated solely by the desire to have the culprit apprehended and punished. Thus, when a woman — more so if she is a minor — says that she has been raped, she says in effect all that is necessary to show that rape was committed. And as long as the testimony meets the test of credibility, the accused may be convicted on that basis alone.As regards the civil liability, however, the Court finds the need to correct the awards made by the RTC and the CA. In line with prevailing jurisprudence,16 AAA is entitled to P50,000 as civil indemnity, P50,000 as moral damages and P3 0,000 as exemplary damages. Additionally, the Court imposes interest at the rate of 6% per annum on all damages awarded, in accordance with current policy.
Endnotes:
*Designated Acting Chairperson per Special Order No. 2071 dated June 23, 2015.
** Designated additional Member in lieu of Associate Justice Francis H. Jardeleza, per Raffle dated January 5, 2015.
*** Designated Acting Member in lieu of Associate Justice Presbitero J. Velasco Jr per Special Order No. 2072 dated June 23, 2015.
**** Designated Acting Member in lieu of Associate Justice Bienvenido L. Reyes, per Special Order No. 2084-B dated June 29, 2015.
1 CA rollo, pp. 74-83. Penned by Associate Justice Samuel H. Gaerlan, with Associate Justices Rosmari D. Carandang and Ramon R. Garcia concurring.
2 Records, p. 1.
3 The victim's real name and personal circumstances or any other information tending to establish or compromise her identity as well as those of her immediate family are withheld per People v. Cabalquinto, 533 Phil. 703, 709 (2006).
4 CA rollo, pp. 16 to 16-A. Penned by Presiding Judge Dennis Patrick Z. Perez.
5 Id. at 16-A.
6 Id. at 19.
7 Id. at 82.
8 G.R. No. 140278, June 3, 2004, 430 SCRA 469, 471.
9 See People v. San Antonio, Jr., 559 Phil. 188, 201-202 (2007).
10 423 Phil. 687, 698-699(2001).
11 TSN, September 13, 2007, pp. 8-11, 33.
12 See People v. Galido, G.R. Nos. 148689-92, March 30, 2004, 426 SCRA 502, 515.
13People v. Gabawa, 446 Phil. 616, 633 (2003); People v. Canaveral, 435 Phil. 48, 60 (2002).
14 G.R. No. 202122, January 15, 2014, 714 SCRA 131, 153-154.
15Supra note 12, at 516.
16People v. Manigo, G.R. No. 194612, January 27, 2014, 714 SCRA 551, 563-564.