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172874 December 17, 2008
PEOPLE OF T E P ILIPPINES, plaintiff-appellee, vs. M!RIO C!STRO, accused-appellant. DECISION LEON!RDO"DE C!STRO, J.# On appeal is the decision1 dated February 15, 200 of the !ourt of "ppeals #!"$ in !"-%.R. !R&.!. 'o. 0012 (hich affir)ed in toto an earlier decision 2 of the Re*ional +rial !ourt of Pasi* !ity, ,ranch 1 2 in !ri)inal !ase 'o. 11-50 -&, findin* accused-appellant *uilty beyond reasonable doubt of the cri)e of Rape and i)posin* upon hi) the penalty of reclusion perpetua. !onsistent (ith our decision in People v. Cabalquinto,. the real na)e of the rape victi) in this case is (ithheld and instead, fictitious initials are used to represent her. "lso, the personal circu)stances of the victi) or any other infor)ation tendin* to establish or co)pro)ise her identity, as (ell as those of her i))ediate fa)ily or household )e)bers, are not disclosed in this decision. /n the court of ori*in, accused-appellant (as char*ed (ith the cri)e of rape in an /nfor)ation 0 dated February 2, 2000. +he cri)e (as alle*ed to have been co))itted as follo(s1 On or about 'ove)ber 11, 1222, in +a*ui*, Metro Manila and (ithin the 3urisdiction of this &onorable !ourt, the accused, by )eans of force and inti)idation, did then and there (illfully, unla(fully and feloniously have se4ual intercourse (ith his sister-in-la(, 5"""6, a )inor, fourteen #10$ years of a*e, a*ainst her (ill and consent. #7ord in brac8et ours$ !O'+R"R9 +O :"7. 7hen arrai*ned on ;uly 12, 2000, accused-appellant, assisted by counsel de oficio, pleaded not *uilty to the cri)e char*ed. +hereafter, trial on the )erits ensued, in the course of (hich the prosecution presented the testi)ony of the victi) herself. +he testi)ony of ;urita Olvido (as dispensed (ith after both parties a*reed to stipulate on the follo(in*1 #1$ that she is a social (elfare officer of the <epart)ent of =ocial 7elfare and <evelop)ent> #2$ that she assisted the victi) in filin* a co)plaint due to her )inority> and #.$ that the due e4ecution of her state)ent is ad)itted. 5 For its part, the defense presented Mar*arita =alan*san* as its lone (itness. "ccused-appellant opted not to testify. +he prosecution?s version of the incident is succinctly su))ari@ed by the Office of the =olicitor %eneral in its "ppellee?s ,rief, to (it1 Private co)plainant 5"""6, is a fourteen #10$ year old lass havin* been born on ;uly A, 12A5. "ppellant Mario !astro is the husband of 5,,,6, elder sister of 5"""6.
. they brou*ht her to the . &e said that her elder sister.but near +BM/! Factory. appellant as8ed 5"""6 to undress. 5"""6 (ent (ith appellant. "fter her relatives learned of the incident. +a*ui* Metro Manila. =till over(hel)ed (ith shoc8 and fear. he satisfied his lust. ho(ever. "ppellant eventually told 5"""6 to dress up. he undressed hi)self.. they passed by a different route (hich is near EPepsi. Metro Manila. appellant i*nored her please> he too8 liberties on her body as he ra))ed his penis into her va*ina. =he 8ne( that accused-appellant (ent ho)e strai*ht after the party because she even sa( hi) at his house (hen she returned the pans she borro(ed fro) accused-appellant?s )other. "ll she could do (as to plead1 E7a* na po Duya Mar. &e li8e(ise undressed hi)self. 5"""6 could not run a(ay as appellant pressed her a*ainst the (all of the buildin* and bloc8ed her (ay. (ith a threat to 8eep Cuiet lest he (ould 8ill her. =he felt helpless as she 8ne( that appellant had 8illed so)eone before. "s they reached a dar8 narro( alley. #7ords in brac8et ours$ On the other hand. Mar*arita declared that her house (as located 3ust at the bac8 of accused-appellant?s house. "ppellant initially brou*ht her to the bus and 3eepney ter)inal but he later chan*ed his )ind. she (as so fri*htened and helpless. &e brou*ht her to the ter)inal of the 3eep and allo(ed her to *o ho)e.. he hi)self re)oved her clothes F includin* her inti)ate *ar)ents. appellant suddenly stopped and held 5"""6?s left ar). 7astin* no ti)e.On 'ove)ber 11. accused-appellant (as in her house for her birthday celebration. 2000. . appellant stran*led her. appellant undressed her. +his ti)e. collapsed and (as in the clinic.aran*ay +anod and. she told her aunt 5!!!6 and her *rand)other 5<<<6 that she (as raped. the defense relied on the testi)ony of Mar*arita =alan*san*. 1222 at about 11100 in the evenin*.icutan. 7hen both of the) (ere already na8ed. +hey also proceeded to the Police =tation located at the Municipal &all of +a*ui* to *ive her state)ent.0 in the evenin* on 'ove)ber 11.6. appellant 8issed her on the different parts of her body and. 7hen she refused. the trial court rendered its decision convictin* accusedappellant of the cri)e of rape. 7hen 5"""6 reached her residence. he brou*ht 5"""6 a*ain to the dar8 narro( alley beside +e)ic Factory. after (hich. appellant fetched 5"""6 fro) her "unt?s house at P'R !o)pound.not in the clinic . the dispositive portion of (hich reads1 . "s she could not contain her *rief and )isery. "ll the (hile. appellant brou*ht 5"""6 . +a*ui*.. 7hen appellant learned that Duya Manny (as not at (or8.E "s before.elievin* the story./n a decisionA dated =epte)ber 22. a lessee of accused-appellant?s )other at =i*nal Gilla*e in +a*ui*. "*ain.E Bn*ulfed by his bestiality.0 in the evenin* until he finally left around )idni*ht. 5. she i))ediately too8 a bath. =he testified that at around 21. "ccused-appellant did not leave the house at any ti)e fro) the )o)ent he arrived at 21. Once satiated. in an instant. 1222. 5"""6 could not resist. 5"""6 (as co(ed into silence. &e then 8issed her on the different parts of her body and forced her do(n. appellant told 5"""6 to dress up and (arned her not to tell anybody. "s events turned out. "ppellant hurriedly pulled 5"""6 to the side of a buildin* and told her to undress. later to !a)p !ra)e for )edical e4a)ination. =tartled and fri*htened. 5"""6 screa)ed for help but nobody see)ed to have heard the outcry. &e told 5"""6 that they have to *o to Duya Manny?s (or8 place. 7hen she refused. forced his penis into her va*ina until he satisfied his lust. (hich is an old abandoned buildin* located at 7estern .
of "u*ust 2. 5"""126.96.36.199 /nsistin* that the prosecution failed to prove his *uilt beyond reasonable doubt for the cri)e of rape. !R-&! 'o. its findin*s on Cuestions of facts (ill not be disturbed on appeal. 200 . the !ourt finds the accused Mario !astro.00$ as civil inde)nity and the a)ount of fifty thousand pesos #P50.1 Hnless sho(n that the trial court overloo8ed or )isunderstood so)e facts or circu)stances of (ei*ht and substance that could affect the result of the case.00$ by (ay of )oral da)a*es (ith cost de oficio. 2000.11 Fro) the !". . 10 (hereat it (as doc8eted as !"-%. the case (as then elevated to this !ourt upon filin* by accused-appellant of a notice of appeal on March 10.000. . accused-appellant assails the credibility of the co)plainant brandin* her testi)ony as hi*hly i)probable and contrary to co))on hu)an e4perience. A. the !" upheld the conviction of accused-appellant and affir)ed in toto the R+! decision.5. and hereby sentences hi) to suffer the penalty of reclusion perpetua. 7e have ti)e and a*ain said that the findin*s of the trial court pertainin* to the credibility of (itnesses are entitled to *reat respect since it has the opportunity to e4a)ine their de)eanor on the (itness stand. if they so desire. 12 /n its Resolution1. 200 . Mateo. =O OR<BRB<. "ccused-appellant also asserts that co)plainant failed to cate*orically state that accused-appellant succeeded in insertin* his penis into her va*ina. "ccused Mario !astro is li8e(ise ordered to inde)nify private co)plainant. the !ourt resolved to reCuire the parties to sub)it their respective supple)ental briefs.oth parties.7&BRBFORB. accused-appellant assi*ns the follo(in* errors1 / +&B +R/": !OHR+ %R"GB:9 BRRB< /' %/G/'% FH:: 7B/%&+ "'< !RB<B'!B +O +&B &/%&:9 /'!RB</. 200 . 10 /n this appeal. )anifested that they (ere dispensin* (ith the filin* of a supple)ental brief as their ar*u)ents have already been substantially discussed in their respective briefs filed before the appellate court.".7e have revie(ed the record of the instant case and found nothin* (hich (ould (arrant a reversal of the trial court?s findin*s. the a)ount of fifty thousand pesos #P50. "ccused-appellant?s contentions relate to the credibility of the testi)ony of co)plainant. thus under)inin* her alle*ation of consu))ated rape.000.$.2 accused-appellant appealed his conviction to the !" via a notice of appeal on =epte)ber .R. // +&B +R/": !OHR+ %R"GB:9 BRRB< /' !O'G/!+/'% +&B "!!H=B<-"PPB::"'+ OF R"PB /'=+B"< OF +&B !R/MB OF "!+= OF :"=!/G/OH='B==. ho(ever. &e contends that co)plainant did not particularly describe the details of the alle*ed rape as to (hether she (as forced to lie do(n or (hether they (ere standin* (hen he inserted a part of his or*an into her va*ina. On February 15. *uilty beyond reasonable doubt of the cri)e of Rape co))itted under para*raph 1#a$ of "rticle 2 -" of the Revised Penal !ode #as a)ended by R. 0012 . Pursuant to People v.:B +B=+/MO'9 OF +&B PR/G"+B !OMP:"/'"'+.
=ir. ". =ir. contrary to appellantIs contention. J. 7ould this )ean that you (ere totally na8ed after he (as able to undress youK My panty (as pulled do(n to the 8nee. <id you undress. that you (illin*ly laid do(n (ith the accusedK 'o. 7hat else happened (hen you refused to undressK &e undressed )e. 7hat did he do. Ma?a). J. Ma?a). =ir. J. Mada) (itnessK 'o. =ir. the co)plainant?s narration of ho( accused-appellant perpetrated the se4ual assault upon her (as consistent. . !R/=O:O%O1 J. did he force you do(nK 9es. ho(ever. =ir. J. . =ir. ". 7hile you (ere at the side of the buildin*. if anyK &e as8ed )e to undress. <id you resist his act of undressin* you. have no bearin* on the principal Cuestion of (hether accused-appellant had carnal 8no(led*e of the victi).1A Further. do you )ean that he (as able to undress everythin* includin* your under(earK ". Mada) 7itnessK 9es. J. " =o are you sayin* Miss 7itness. "."ccused-appellant )aintains that co)plainant failed to )ention any pu)pin* )otion and (hether she (as standin* or lyin* do(n (hen she (as alle*edly raped. ". <id he succeed in undressin* youK 9es. ". +hese )atters. ". ". co)plainant testified in no uncertain ter)s durin* crosse4a)ination that she did not (illin*ly lie do(n but (as forced to do so by accused-appellant1 "++9."'<H="91 J. 7hen you said he undressed you.esides. (hat else happened. =ir. J. thus1 PRO=. . spontaneous and strai*htfor(ard. J. 9es.
Mada) 7itnessK 'ot all.0 years old and the brother-in-la( of co)plainant. accused-appellant e4ercised not only physical superiority. On the contrary. =ir.ein* . "nd after he succeeded in undressin* you. Mada) 7itnessK ". because no (o)an (ould be (illin* to under*o a public trial and put up (ith the sha)e. !rysthel )ade a cate*orical state)ent denyin* penetration. not even hint that Pri)oIs penis (as erect or that he responded (ith an erection. ".J. /n fact. in the case at bar. 'or can it be deduced that in tryin* to penetrate the victi)Is or*an the penis of the accused touched the )iddle portion of her va*ina and entered the labia of her pudendu) as the prosecution failed to establish sufficiently that Pri)o )ade efforts to penetrate !rysthel. . J. (hat else happened. nay. /t has foreclosed the possibility of Pri)oIs penis penetratin* her va*ina. if anyK &e (as forcin* his or*an to insert into )y or*an. =ir. &ence. hu)iliation and dishonor of e4posin* her o(n de*radation (ere it not to conde)n an in3ustice and have the offender apprehended and punished. "ccused-appellant ar*ues that he cannot be held liable for consu))ated rape follo(in* the rulin* in People v. . thus sho(in* that he had yet to attain an erection to be able to penetrate his victi). 7hen you said not all so)eho( a part of his or*an (as inserted. 20 'or is there any Cuestion that accused-appellant in this case co))itted rape by )eans of threat and inti)idation. as in this case.20 .22 For this purpose. <id he succeed. ". the above-Cuoted testi)ony of the co)plainant herself established the consu))ation of the cri)e of rape. (ould that be correct. J. especially a )inor. !ora@on even narrated that Pri)o had to hold his penis (ith his ri*ht hand. 444.12 !ourts usually *ive *reater (ei*ht to the testi)ony of a *irl (ho is a victi) of se4ual assault. he (ould carry out his threat to 8ill her. (hat else happened. ho(ever sli*ht. if anyK &e 8issed )e at different parts of )y body. !ora@on did not say. 9es. =ir. Campuhan. =ir. ". +he ar*u)ent is )isplaced.E2. it (as held that the cri)e (as )erely atte)pted rape because all that the victi) said in that case (as that accusedIs penis Etouched her or*an but did not penetrate it. but also )oral ascendancy over his 10-year old victi) such that his threat to inflict physical har) on her effectively co(ed her into sub)ittin* to his lustful desi*ns. J. this !ourt concluded1 5+he6 testi)ony alone should dissipate the )ist of confusion that enshrouds the Cuestion of (hether rape in this case (as consu))ated. /n Campuhan.ut. co)plainant (as a(are that accused-appellant had 8illed so)eone before 21 (hich all the )ore en*endered fear in her F fear that if she did not yield to accused-appellantIs de)ands. "fter 8issin* the different parts of your body. he cites the testi)ony of co)plainant that Enot allE of accused-appellantIs or*an (as inserted into her va*ina.
"s (e have said in unnu)bered cases. as a)ended by R. (hich (ould so)eho( indicate that the private co)plainant (as induced by any ill-)otive in filin* the case a*ainst accusedappellant !astro. clai)ed that accused-appellant (as in her house fro) 21. the accused )ust establish by clear and convincin* evidence #a$ his presence at another place at the ti)e of the perpetration of the offense and #b$ the physical i)possibility of his presence at the scene of the cri)e at the ti)e. or the co))on-la( spouse of the parent of the . if credible. if it (ere not true. "ccused-appellant li8e(ise clai)s that the trial court erred in convictin* hi) of the cri)e of consu))ated rape despite the prosecution?s failure to present the testi)ony of the e4a)inin* physician. /t is (ell entrenched in our 3urisprudence that a )edical e4a)ination of the victi) is not indispensable in a prosecution for rape inas)uch as the victi)?s testi)ony alone. has not been sufficiently established. &o(ever. +he co))ission of rape a*ainst co)plainant cannot be ne*ated si)ply because of the absence of the testi)ony of the doctor (ho e4a)ined the victi).. 7e. and (ere all perfectly consistent (ith the rape of a youn* innocent *irl. ascendant. full or deep penetration is not necessary to consu))ate se4ual intercourse> it is enou*h that there is the sli*htest penetration of the )ale or*an into the fe)ale se4 or*an.22 "ccused-appellant?s defense of alibi is unavailin*. For alibi to prosper.0 7here there is even the least chance for the accused to be present at the cri)e scene. the lone defense (itness. +here can be no doubt. is sufficient to convict the accused of the cri)e. a doctor?s certificate is )erely corroborative in character and not an indispensable reCuire)ent in provin* the co))ission of rape. =aid the !"1 +his !ourt finds nothin* incredible or fantastic in 5"""?s6 narration of the events surroundin* the rape co))itted a*ainst her by accused-appellant !astro. 25 +he )ere touchin* by the )ale or*an of the labia of the pudendu) of the (o)an?s private part is sufficient to consu))ate rape. 'o. *uardian.!learly. that there (as at least a partial entry. this does not ne*ate the possibility that he )i*ht be present at the +BM/! factory (here the cri)e (as co))itted. it is (ell ni*h inconceivable for her to have concocted such a serious accusation and bra@enly i)pute such a cri)e to her o(n brother-in-la(. step-parent.2A 7e are also constrained to a*ree (ith the appellate court?s observation that there (as nothin* i)probable and preposterous in co)plainant?s testi)ony.0-11105 in the evenin* of 'ove)ber 11. Hnder "rticle 2 -.2 /t (as therefore consu))ated rape (hich accused-appellant co))itted. Mar*arita =alan*san*. since Mar*arita?s house and the +BM/! factory are both located (ithin +a*ui*. 1222. of the Revised Penal !ode. Mar*arita herself declared that the distance bet(een the t(o places can easily be ne*otiated by foot (ithin ten #10$ )inutes and by tricycle (ithin five #5$ )inutes. A../n fact. the defense of alibi (ill not hold (ater. so as to )a8e the cri)e consu))ated rape. !onsiderin* her relatively tender a*e and )inority. 7e find accused-appellant?s contention on this point untenable. . co)plainantIs state)ent that not all of accused-appellantIs or*an (as inserted si)ply )eans that there (as no full penetration.2 Cualified rape is co))itted (hen. +he details of her story fail to sho( any telltale indications of falsehood. sustain the conviction of accused-appellant for the cri)e of consu))ated si)ple rape under "rticle 2 -". para*raph 1#a$ of the Revised Penal !ode. relative by consan*uinity or affinity (ithin the third civil de*ree. ho(ever.1 !learly in this case.".. the physical i)possibility of accused-appellant?s presence at the scene of the cri)e on the date and ti)e of its co))ission. +he penalty of reclusion perpetua (as li8e(ise correctly i)posed as the special Cualifyin* circu)stance of relationship had not been specifically alle*ed in the infor)ation. Ethe victi) is under ei*hteen #1A$ years of a*e and the offender is a parent. 2. +he evidence on record is bereft of any sho(in*. thus. a)on* others.5. /n fact. inconsistency or i)probability.
"ssociate . 0012 is hereby!FFIRMED.. "ccused-appellant. 5"""6. therefore. LEON!RDO"DE C!STRO "ssociate . bein* the husband of co)plainant?s elder sister. step-parent. !R-&! 'o. a*ainst her (ill. /n the present case. the a)ounts of P50. or *uardian or co))on-la( spouse of the )other of the victi) F it )ust be alle*ed in the infor)ation that he is Ea relative by consan*uinity or affinity #as the case )ay be$ (ithin the third civil de*ree. Eby )eans of force and inti)idation. "ccused-appellant Mario !astro is found GUILT% beyond reasonable doubt of the cri)e of =i)ple Rape and sentenced to suffer the penalty of reclusion perpetua. 200 of the !" in !"-%. civil inde)nity in the a)ount of P50.0 +he prosecution (as able to prove that at the ti)e she (as raped. &e is also ordered to pay co)plainant.000.R.ustice PRES(ITERO &. TERESIT! &. .ustice LL L MINIT! V. ascendant.00. fourteen #10$ years of a*e. is co)plainant?s relative by affinity (ithin the third civil de*ree. &R.E. unla(fully and feloniously had se4ual intercourse (ith his sister-in-la(... PUNO !hief .00 and )oral da)a*es in the a)ount of P50.!onseCuently. VEL!SCO. co)plainant (as only 10 years old. !onsistent (ith prevailin* 3urisprudence on si)ple rape.000. in the instant case. (e have previously held that if the offender is )erely a relation F not a parent. C!RPIO "ssociate .00 as civil inde)nity andP50.ustice CERTIFIC!TION .E.ustice !NTONIO T. due to the defect in the infor)ation char*in* accused-appellant of rape. did then and there (illfully.ustice 7B !O'!HR1 RE%N!TO S.victi). as evidenced by her birth certificate. a )inor. the infor)ation char*in* accused-appellant of the cri)e of rape alle*ed that the accused.uly A. havin* been born on . . SO ORDERED. 12A5. &o(ever. the decision dated February 15.000. C ICO"N!'!RIO "ssociate . he can only be held liable for si)ple rape and )eted the penalty of reclusion perpetua. /t is necessary to specifically alle*e that such relationship (as by affinity (ithin the third civil de*ree.5 +he prosecution li8e(ise proved accused-appellant is the brother-in-la( of co)plainant.E /t is (ell-settled that these attendant circu)stances of )inority of the victi) and her relationship to the offender are special Cualifyin* circu)stances (hich )ust be specifically alle*ed in the infor)ation and proved (ith certainty in order to (arrant conviction for the cri)e of Cualified rape and the i)position of the death penalty. +hus.000. .00 as )oral da)a*es (ere correctly a(arded by the trial court.A $ EREFORE. the alle*ation that co)plainant is the sister-in-la( of accused-appellant is not specific enou*h to satisfy the special Cualifyin* circu)stance of relationship.
. %.. %. Perlas-. =epte)ber 12. -. "dditional )e)ber in lieu of . 100.ustice "dolfo =.rief.1A20-2 . Rollo. p. Hl*asan. 0 5 - +='. LL Penned by "ssociate . 502. "bdul(ahid and "ssociate .5 =!R" 001. 1. . 2000.R. at 15. p.-A-A-. 200 . 0..ud*e Brlinda Pinera Hy> !" Rollo.ustice Foo)*o)e+ L "dditional )e)ber in lieu of . pp. /d. 1 2 <ecided by . !" Rollo. PUNO !hief .R. p.. 'o.ustice Bstela M. at 00A A 2 10 11 12 1. 2-10.2.uly 11.. 1 . /d. it is hereby certified that the conclusions in the above <ecision (ere reached in consultation before the case (as assi*ned to the (riter of the opinion of the !ourt. =upra note 2. !" Rollo.uly 0. =!R" 00.. "@cuna as per =pecial Order 'o. . February 5. 2. 501. 'os. !" Rollo. concurrin*> rollo. Records. =upra note 1.Pursuant to =ection 1.2. 502 =!R" 012.ustice Renato !. . 200. !" Rollo. 002. 02. "rticle G/// of the !onstitution.. 'os.ustice Re)edios ".ustice &a8i) =.. !orona as per =pecial Order 'o. pp. People v. pp. 15-2 .. 2-. /d. 1. at 21-22> 2--2A.. =ala@ar-Fernando.ernabe. 2000. . p. 10 15 1 1- . %.R. RE%N!TO S. pp.. (ith "ssociate . "ppellant?s . 10. p.
"pril .une 1-. February 1.5 . /d.22 =!R" 2-0. 2000.2. Records. 2 =!R" 1 0. . 100. 'o. 'os.. 'os... %on@ales.- . 2000. 200. 102A0A. March 2A. 2001. 2001..-2. %. 1220. %. People v. . p.A .. People v. People v.5 . . 0.-2 =!R" 25.A-5. 2000. 100. 12202. . at 2A0-2A5..R.R. 'o.une 22. 12 20 21 22 2. 'o. =!R" -1.0 .R. -05.0.-0 =!R" 2 . . People v.R.. . pp. 1220A5.R. 120552=upra note 0. Puertollano.. at 2A0.. Other(ise 8no(n as the "nti-Rape :a( of 122-. 10--10A... %. March 2A. . 'o. .1. 200. %abon. People v. . People v. %. at 10-11. %. . .AA-21.2. 1. 1 2.02 =!R" 055. 2-10. %.. . /d. 2001.. 5. MiMon.R. . 1222. p.0. 1222. 'o. March .1 . 'o. .R.. %.0A =!R" . . /d.. %.R. People v. 10A. 015 =!R" 52. 1-0. 'ove)ber 1 .R. %. p.arin*.. Ma*lente. 'ove)ber 11. 101522. . 5. 0-2. 01 =!R" 502. %. 'ove)ber 2-.0. 20 25 2 2- 2A 22 . 'os. <ece)ber 11. . People v.R.2--000. 2001. +='. . 12-00. 5. 11 .0 =!R" 50 .. 'os.2 ..uly -. 2002. People v. :ope@. 0.-.1A +='. People v. . =!R" 102. Rollo..anuary 2A.R. <e %u@)an. 50-. /bid.r. Mahinay.0 . AA. 1222. 'o. "lvare@. %.
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