That on or about the month of May, 1998, along the river bank of Baling-caguing River, at sition Camanggaan, barangay Caranglaan, municipality of Mabini, province of Pangasinan, Philippines and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, by means of force and intimidation, did then and there, willfully, unlawfully and feloniously grab, pull and force [AAA], 10 years old, a minor to sit on his lap, thereafter removed her panty and his pants, inserted his penis to her vagina and have carnal knowledge to the said victim, to her damage and prejudice. (Words in bracket ours)
xxx xxx xxx
Sometime in the month of May 1998, [AAA], her older brother [CCC], younger sister [DDD] and friend Michael (surname not on record) went to Baling-Caguing River, sitio Camanggaan, barangay Caranglaan, Mabini, Pangasinan from their house to take a bath.
While they were bathing, [CCC] and Michael decided to fish at a different location in the river about fifty (50) meters from where the sisters were bathing. Thereafter, [DDD] left [AAA] to join the two (2).
Later, [AAA] prepared to leave and follow her companions. However, appellant Manuel Bagos who was bathing nearby suddenly pulled her left leg causing her to slip towards him. He then lowered the panty of [AAA] up to the level of her knees and, thereafter, removed his pants.
Appellant sat down and seated [AAA] on his lap while they were in the water which was neck-deep in that position. [AAA] boxed the thighs of the appellant saying: "no uncle." Despite [AAA's] protestations, appellant placed his left hand over her stomach and used his right hand to insert his penis inside her vagina which caused her pain. After satisfying his lust, appellant threatened to shoot [AAA] if she reported the incident to anybody.
[AAA] was frightened by the threat of appellant because she had seen his gun when they played in his house one time prior to the incident. [AAA] then went to the river bank and waited for her companions after getting dressed.
[BBB], [AAA's] mother, testified that [AAA] was ten (10) years old when the incident happened since she was born on July 18, 1987 as shown by her birth certificate which was identified and marked as Exhibit B. On June 17, 1998, she was troubled by the unusual questions of her daughter such as: "Mama, is my stomach getting bigger?"; and "Mama, is my neck beating faster?" She then confronted [AAA] and asked her if somebody molested her. [AAA] answered in the affirmative and identified appellant as the culprit.
[AAA] underwent physical examination on June 18, 1998 which was conducted by Dr. Maribel Lazo who prepared the medico-legal report with the following findings:Healed laceration of the hymen with non-coaptable borders and retraction of the edges indicating that the laceration took place long before the day of the physical examination.
Dr. Lazo explained that the report meant that the hymen had been ruptured and that the laceration took place longer than two weeks before the day of the physical examination or that [AAA] was no longer a virgin at the time of the physical examination.6 (Words in bracket ours)
For the defense, accused-appellant was the sole witness. He denied swimming or bathing in the river near his house in May 1998, and claimed that he only went near the river to gather coconuts. While gathering coconuts, he noticed that a number of children were bathing in the river, including [AAA], as well as her brother and sister. Accused-appellant has known [AAA's] parents for approximately ten years because they were neighbors. [AAA's] grandmother and accused-appellant's father are also first cousins. He insisted that he stayed at the river bank while gathering coconuts, but never went near [AAA]. He denied that he raped [AAA], much less squatted on the river while raping [AAA], explaining that he is inflicted with a physical defect that renders him incapable of squatting down. He recounted that when he went to their barangay hall, the barangay captain asked him if he could afford to settle the case. Accused-appellant answered that he would not settle because he was innocent of the crime charged against him.
He speculated that [AAA's] family accused him of raping [AAA] due to a family misunderstanding. According to him, [AAA's] family cut a tamarind tree in a parcel of land owned by his deceased grandfather, made lumber out of the said tamarind tree, and used it to build a house. Upon instruction from his father, accused-appellant then told the family of [AAA] to stop cutting the tree. The rape charge could also have been spawned by a boundary dispute between [BBB's] father and accused-appellant himself. The father of [BBB] allegedly did not observe the correct boundaries in fixing his fence; thus, accused-appellant advised him to build his fence farther so as not to intrude on accused-appellant's own land.7 (Words in bracket ours)
WHEREFORE, premises considered, this Court finds accused Manuel Bagos guilty beyond reasonable doubt of the crime of Rape as charged and hereby sentences him to suffer Reclusion Perpetua. As regards the accused pecuniary liabilities, he is ordered to indemnify the complainant [AAA] the amount of P50,000.00 as civil indemnity in addition to another P50,000.00 as moral damages. (Words in bracket ours)
SO ORDERED.9
I
THE COURT A QUO ERRED IN GIVING DUE WEIGHT AND CREDENCE TO THE UNRELIABLE AND UNCORROBORATED TESTIMONY OF THE COMPLAINING WITNESS, THEREBY CASTING GRAVE DOUBTS AS TO THE CRIMINAL CULPABILITY OF THE ACCUSED-APPELLANT.II
THE COURT A QUO ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT.16
It can be deduced from the foregoing testimony of [AAA] that she was credible, straightforward, categorical and logical and that she was not motivated by ill will and malice in testifying against Manuel Bagos, notwithstanding the vigorous and extensive cross-examination by the defense. She wants justice in this case.18 (Words in bracket ours.)
PROS.-- -RIVERA: Q During that time while you and your sister [DDD] were swimming, did you notice anybody join you in that river? A Yes madam. Q Who was that? A Manuel Bagos madam. Q While you and your sister [DDD] were taking a bath or swimming as what you have said, what happened next? A My younger sister went to join my elder brother and kuya Michael madam. Q What about you, what did you do when your sister [DDD] went to join your brother and your kuya Michael? A I was about to follow her but somebody pulled my leg madam. Q Did you see who pulled your leg? A Yes madam. Q Who pulled your leg A Manuel Bagos madam. Q Where were you when Manuel Bagos pulled your leg? A I was in the water madam.xxx xxx xxx Q What happened to you when Manuel Bagos pulled your leg? A I slipped madam. Q You slipped to what direction? A Towards him madam. Q Could you please rise from your seat and demonstrate and hold the leg wherein Manuel Bagos pulled you? A (Witness demonstrating how Manuel Bagos pulled her leg by holding her left leg just above the ankle). Q You said that when Manuel Bagos pulled you, you slipped towards him, now what happened next? A He took off my panty madam. Q By the way, what were you wearing during that time? A Panty madam. Q Was he able to remove your underwear? A Only up to my knees madam. Q What happened when he pulled down your underwear up to your knees? A He took off his pants sir. Q What was his position when he was taking off his pants, if you know? A He was standing madam. Q Did you not shout when he pulled your underwear? A No madam. Q Why did you not shout Madam Witness? A I was afraid madam. Q When Manuel Bagos eventually pulled down his pants, what happened next? A He placed me on his lap madam. Q What was the position of Manuel Bagos when he placed you on his lap? A He was seated madam. Q He was seated on the water? A Yes madam. Q What was your position when he seated you on his lap? A I was boxing him madam. Q Would you please stand from your chair and go to your mother and demonstrate to the Court how that incident happened, your mother as Manuel Bagos and you as [AAA]? A (Witness went down from the witness stand and proceeded to where her mother was and demonstrated how she boxed Manuel Bagos. She sat on the lap of her mother and both hands of her mother were placed on both sides of her [AAA's] waist.)xxx xxx xxx Q How deep is the water when you were seated on his lap, what part of your body was reached with water? A Up to my neck madam. Q When Manuel Bagos was holding both sides of your waist, what were you doing Madam Witness? A I was boxing him madam. Q Could you please demonstrate to the Court how you were boxing Manuel Bagos? A (Witness demonstrated how he boxed Manuel Bagos by boxing both thighs on her of her mother).xxx xxx xxx Q What part of the body of Manuel Bagos were boxed by you Madam Witness if you know? A His thigh madam. Q While doing those things, were you not saying anything?xxx xxx xxx A Yes madam. Q What were your words Madam Witness? A "No Uncle." Q By the way Madam Witness, where was your underwear when you were seated like that? A It was on my knees madam Q What happened next after you were boxing Manuel Bagos and saying "no uncle"? A He removed one of his hands from my waist madam. Q Where did he place his right hand?xxx xxx xxx Q What did he do with his hand? A He placed his left hand over my stomach to hold me. (witness demonstrating by taking the left hand of her mother and placing it on her stomach and taking her right hand towards the private part of [AAA]). Q When Manuel Bagos placed his left hand towards your stomach, what did he do with his other hand?xxx xxx xxx A He held his penis and placed it inside my vagina madam. Q What did you feel when Manuel Bagos placed his penis to your vagina? A It is painful madam. Q What part of your body was painful? A My vagina madam.xxx xxx xxx Q What were you doing while he was doing that thing to you? A I was saying "No uncle." Q After doing that, what happened next? A He told me that if I will report, he will shoot me madam. Q What were you doing when he was saying that to you? A I was putting on my panty madam. Q What about him, what was he doing when he was saying those words to you? A He was putting on his pants madam.19 (Words in bracket ours.)
His allegation that he cannot rape [AAA] in that sitting position because of his physical defect was disproved when the Court required him to sit by placing his buttocks on the floor. With more reason then that he can sit under water which is easier to perform. This Court found to be credible and reliable the testimony of [AAA] on how she was raped by Manuel Bagos in the river.26 (Words in bracket ours)
...Not a few accused in rape cases have attributed the charges brought against them to family feud, resentment, or revenge. But such alleged motives have never swayed this Court from lending full credence to the testimony of the complainant where she remains steadfast in her direct and cross examination. Besides, no parent would expose his or her own daughter to the shame and scandal of having undergone such debasing defilement of her chastity if the charges were not true. It is unnatural for a parent to use his own offspring as an engine of malice, especially if it will subject a daughter to embarrassment and even stigma.
Endnotes:
1 Penned by Associate Justice Hakim S. Abdulwahid, with Associate Justice Andres B. Reyes and Associate Justice Mariflor P. Punzalan Castillo, concurring; rollo, pp. 3-18.
2 CA rollo, pp. 13-29.
3 G.R. No. 167693, September 19, 2006, 502 SCRA 419.
4 CA rollo, p. 4.
5 Id. at 108-128.
6 Id. at 111-114.
7 Rollo, p. 8.
8 Supra note 2.
9 CA rollo, p. 29.
10 Id. at 30.
11 G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640.
12 Rollo, p. 2.
13 Id. at 19.
14 Id. at 22.
15 Id. at 23-28.
16 CA rollo, p. 65.
17 People v. Laceste, G.R. No. 127127, July 30, 1998, 293 SCRA 397, 407.
18 CA rollo, p. 24.
19 TSN, January 21, 1999, pp. 5-11.
20 Records, p. 40.
21 People v. Ligotan, G.R. No. 119219, September 30, 1996, 262 SCRA 602, 607.
22 People v. Suarez, G.R. No. 153573, April 15, 2005, 456 SCRA 333, 350.
23 People v. Clado, G.R. Nos. 135699-700 and 139103, October 19, 2000, 343 SCRA 729, 740.
24 TSN, January 21, 1999, p. 7.
25 People v. Malones, G.R. Nos. 124388-90, March 11, 2004, 425 SCRA 318, 336.
26 CA rollo, pp. 28-29.
27 G.R. No. 130709, March 6, 2002, 378 SCRA 340, 348.
28 People v. Funesto, G.R. No. 143432, April 9, 2003, 401 SCRA 158, 165.
29 People v. De Guzman, G.R. Nos. 140333-34, December 11, 2001, 372 SCRA 95, 109-111.
30 People v. Ranido, G.R. Nos. 116450-51, March 31, 1998, 288 SCRA 369, 377-378.
31 Records, p. 3.
32 Art. 266-A. Rape; when and how committed.-Rape is committed.
1). By a man who shall have carnal knowledge of a woman under any of the following circumstances: xxx xxx xxx
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
33 Previously Article 335, par. 3 of the RPC which has been amended by Republic Act No. 8353 (the Anti-Rape Law of 1997).
34 Art. 266-B. Penalties. - Rape under paragraph 1 of the next preceding article shall be punished by reclusion perpetua.
35 People v. Andaya, G.R. No. 126545, April 21, 1999, 306 SCRA 202, 216.
36 People v. Olaybar, G.R. Nos. 150630-631, October 1, 2003, 412 SCRA 490, 502.
37 People v. Antivola, G.R. No. 139236, February 3, 2004, 421 SCRA 587, 603.
38 People v. Guevarra, G.R. No. 182192, October 29, 2008, 570 SCRA 288, 313.