SECOND DIVISION

[G.R. No. 124703. June 27, 2000]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROLANDO DE
LARA, CARLITO ILLAS, ED!ARDO ILLAS, "n# $AGNO
TA$ARES, accused,
ROLANDO DE LARA, CARLITO ILLAS, "n# $AGNO
TA$ARES, accused-appellants.
D E C I S I O N
$ENDO%A, J.&
This is an appeal from the decision
[1]
of the Regional Trial Court !ranch ""
Occidental #indoro finding accused$appellants #agno Tamares Carlito Villas and
Eduardo Villas guilt% of forci&le a&duction and sentencing them to suffer a prison term
ranging from 1' %ears and 1 da% of prision mayor as minimum to (' %ears of reclusion
temporal as ma)imum *hile finding accused$appellant Rolando de +ara guilt% of
forci&le a&duction *ith rape and sentencing him to suffer the penalt% of reclusion
perpetua as *ell as ordering accused$appellants ,ointl% and se-erall% to indemnif% the
-ictim Rosa&ella de +emos in the sum of ./''''0'' and to pa% the costs of the suit0
The information against accused$appellants charged1
[(]
That on or a&out the 12th da% of #a% 1332 at around 41'' o5cloc6 in the
e-ening in Sitio !uli !aranga% Ca&ra #unicipalit% of +u&ang .ro-ince of
Occidental #indoro .hilippines and *ithin the ,urisdiction of this 7onora&le
Court the accused *ith le*d designs and conspiring confederating together
and helping one another did then and there *illfull% unla*full% and feloniousl%
a&duct Rosa&ella de +emos against her *ill and pursuant to the aforesaid
conspirac% the accused did then and there *illfull% unla*full% and feloniousl%
&% means of force and intimidation committed *ith the use of a *eapon ha-e
carnal 6no*ledge of the said Rosa&ella de +emos a *oman against her *ill0
CONTR8R9 TO +8:0
8ccused$appellants pleaded not guilt% *hereupon trial ensued0
The prosecution presented as its *itnesses pri-ate complainant Rosa&ella de
+emos and the follo*ing1 ;aga*ad 8raceli Tarcena Dr0 Teresa 8&eleda .agilagan
Re%naldo Tarcena <loria de +emos .at0 Isagani 9uson S.O2 Celestino 9ap and .O1
Ronaldo I&is0 =rom their testimonies the follo*ing appear1
On #a% 12 1332 at around 4 p0m0 in Sitio !uli !aranga% Ca&ra +u&ang
Occidental #indoro *hile Rosa&ella and her mother <loria de +emos *ere on their *a%
to attend a procession >locall% 6no*n as the ?li&utan@A the% *ere stopped &%
Rosa&ella5s uncle #agno Tamares0 Sensing that #agno and his companions *ere up
to something &ad <loria as6ed ?Ano ang kailangan ninyo sa anak koB@ #agno did not
ans*er0 Instead he held &oth hands of Rosa&ella and po6ed a gun at her0 Then he
fired the gun t*ice in the air0 On the other hand Eduardo ?Eming@ Villas held the -ictim5s
left arm *hile Rolando de +ara held her right arm0 Rosa&ella said she *as a&le to
identif% her a&ductors &ecause the latter5s flashlights *ere on0
[2]
She 6ne* Rolando
&ecause she and Rolando had &een ?special friends@ >s*eetheartsA for a %ear *hen the
latter *as still *or6ing in Saudi 8ra&ia0 The% had since &ro6en off ho*e-er as sho*n
in Rolando5s letter to Rosa&ella dated Decem&er 1C 133( in *hich he complained that
Rosa&ella had not ans*ered his letters and as6ed her to tell him if she *as angr%
adding ?dahil di ko naman hawak ang puso mo para piliting mahalin ako0@ >E)h0
EA 8ccording to Rosa&ella *hen Rolando arri-ed from Saudi 8ra&ia he *ent to her
house t*ice tr%ing to reconcile *ith her &ut she refused his offer0 Rosa&ella testified
that she &ro6e off *ith him &ecause he had man% -ices and *as maintaining relations
*ith another *oman0
["]
<loria de +emos testified that accused$appellants forci&l% carried Rosa&ella to the
forest0 Rosa&ella *as cr%ing for help to her mother >Ina, tulungan mo po ako0@A &ut
there *as nothing <loria could do &ecause Carlito Villas held her at &a% *ith a 6nife and
pushed her to the ground as a result of *hich she lost consciousness0 :hen <loria
came to Rosa&ella and accused$appellants *ere gone0 She *ent home to !uli and
told her hus&and *hat happened0 The% then *ent to ;aga*ad 8raceli Tarcena *ho
ad-ised them to see #a%or Raul Virola for assistance0
[/]
Rosa&ella testified that she *as raped &% Rolando de +ara as Eming and Carlito
Villas *atched0 She *as threatened *ith death if she did not su&mit to his *ill0 She
said that Rolando de +ara pushed her to the ground and trapped her &et*een his legs
as he po6ed a 6nife >beinte nueve) at her *ith his right hand0 Then he started
un&uttoning her &louse *ith his left hand and proceeded to undress her &% lo*ering her
pants and panties0 7e thre* a*a% the -ictim5s menstrual nap6in *hich she had
&ecause she *as menstruating at that time0 8fter*ard accused$appellant remo-ed his
pants and *ent on top of her0 She felt pain *hen Rolando de +ara inserted his finger
and later his penis into her -agina0 :hen he *as through he stood up and helped her
put on her clothes0
Rosa&ella *as &rought &% Rolando de +ara Carlito and Eming Villas to the house
of Re%naldo Tarcena in !aranga% +i&is Ca&ra a&out t*o >(A 6ilometers from the place
*here she *as raped0
[C]
The% sta%ed there &et*een 2 a0m0 and " a0m0 on #a% 1" 1332
for a&out fi-e >/A minutes0 Rolando de +ara *anted Re%naldo Tarcena to ta6e them to
;aga*ad 8raceli Tarcena &ecause the% had *ith them Rosa&ella0 Re%naldo Tarcena
said that Rosa&ella *as cr%ing and refused to tal6 and her hair *as dishe-eled0
Considering that the three >2A accused *ere related to him and that he thought he
had no authorit% to hold them Re%naldo Tarcena fetched ;aga*ad Tarcena from her
house a&out /'' meters a*a%0
[D]
.rior to that ;aga*ad Tarcena had &een informed &% .eter de +emos that
Rosa&ella had &een 6idnapped0 <loria de +emos had li6e*ise as6ed for her help in
finding her daughter0
[4]
:hen ;aga*ad Tarcena &rought Rosa&ella and the three
accused$appellants to her house she noticed that Rosa&ella *as cr%ing0 She as6ed if
she had eloped *ith Rolando de +ara &ut she did not ans*er0 Instead it *as Rolando
de +ara *ho ans*ered and said ?Tia Celi, hindi niya alam na siya ay kukunin.@ This
made her sa% ?Patay kaE@
[3]
;aga*ad Tarcena noticed contusions and &ruises in
Rosa&ella5s arms and legs as *ell as &lood stains on her pants0
[1']
In the morning of #a% 1" 1332 #agno Tamares arri-ed in ;aga*ad Tarcena5s
house &ringing *ith him a pair of shorts and panties for Rosa&ella as he o&ser-ed that
?apot na lapot na ang batang iyan@ >?She is -er% dirt%0@A Rosa&ella sta%ed in ;aga*ad
Tarcena5s house from 2 a0m0 until a&out 1' a0m0
[11]
8ll the time the ;aga*ad *as *ith
them0
On #a% 1" 1332 Rolando de +ara &ought her toothpaste and a tooth&rush as *ell
as sanitar% nap6ins0 She too6 a &ath and used the pair of shorts and panties *hich
#agno Tamares &rought for her0 In ;aga*ad Tarcena5s house #agno Tamares
threatened to 6ill Rosa&ella and her famil% if she did not marr% Rolando de +ara0 :hen
Rosa&ella5s parents arri-ed that morning *ith some policemen and Rosa&ella *as
as6ed &% .at0 Isagani 9uson if she *as *illing to marr% Rolando de +ara she
responded ?%es@0 !ut Rosa&ella said she did so onl% &ecause #agno Tamares *as
threatening her and he *as then present *hen she *as as6ed the Fuestion &% .at0
9uson0
[1(]
Rosa&ella *as ta6en &% her mother and the policemen and &rought home in Sto0
!uli0 The follo*ing da% #a% 1/ 1332 she as6ed her &rother to fetch a police officer so
that she could file a complaint0 The ne)t da% #a% 1C 1332 .O1 Ronald I&is and
S.O2 Celestino 9ap came0 Rosa&ella *as ta6en to her emplo%er #rs0 Violeta
8&eleda0 Earlier that da% Rolando de +ara #agno Tamares and the former5s relati-es
*ent to the De +emos5 residence as6ing Rosa&ella ane* to marr% Rolando de
+ara0 #agno Tamares repeated his threat to 6ill Rosa&ella and her famil% if she *ould
not marr% Rolando0
[12]
So *hen .at0 I&is arri-ed Rosa&ella &ecame h%sterical0 She told
him that she *ould sa% something as soon as the% reached to*n0 On the other hand
#agno Tamares as6ed if there *as a *a% the% could settle the matter0 !oth policemen
accompanied Rosa&ella and her immediate famil% to +u&ang0
[1"]
On #a% 1D 1332 Dr0 Teresa .agilagan rural health ph%sician of +u&ang
Occidental #indoro e)amined Rosa&ella0 She after*ard issued a medical certificate
>E)h0 !A that Rosa&ella had in,uries *hich could ha-e &een sustained a *ee6 or so prior
to the e)amination consisting of contusion hematoma on the antero medial part of her
left forearm *hich *as pro&a&l% caused &% a strong gra& of the hand contusion
hematoma in her left 6nee and a&rasion on the antero medial part of her left leg0 The
e)amination of Rosa&ella5s pri-ate parts disclosed that she had positi-e minimal
&leeding &ecause she had menstruation and a h%menal laceration *hich could ha-e
&een caused &% the penetration of a male organ for a *ee6 or so prior thereto0
[1/]
The prosecution presented receipts to pro-e e)penses incurred &% Rosa&ella
relati-e to the prosecution of this case *hich amounted to.(4'"D0'/0
[1C]
The defense then presented its e-idence0
Rolando de +ara claimed that Rosa&ella had &een his girlfriend since 8pril 133'0
:hen he arri-ed from Saudi 8ra&ia on 8pril (2 1332 he attended the #a%flo*er
=esti-al and danced *ith Rosa&ella that night0 .rior to the incident he tal6ed *ith
Rosa&ella fi-e >/A times and on one of those occasions on #a% 11 1332 the% agreed
to elope &ecause Rosa&ella5s si&lings *ere against their marriage0 Rolando claimed
that the% planned to elope on #a% 1( 1332 &ut Rosa&ella *as not allo*ed to lea-e the
house0 The follo*ing morning #a% 12 133" the% agreed to elope in the e-ening of that
da%0 Thus on #a% 12 133" at a&out 4 p0m0 *hile Rosa&ella *as *al6ing ahead of her
mother and si&lings on their *a% to ,oin the procession he met her and the% Fuic6l% ran
a*a% from Rosa&ella5s companions0
[1D]
On their *a% to Sto0 +i&is the% sa* Carlito and
Eduardo Villas *ho earlier that night met each other to ,oin the procession0
[14]
The%
as6ed the t*o to accompan% them to #agno Tamares5 house to see6 his ad-ice0
[13]
:hen the four sa* #agno Tamares the% *ere ad-ised to loo6 for ;aga*ad
Tarcena as she *as the person in authorit%0
[(']
8s ;aga*ad Tarcena *as not %et home
the four proceeded to Re%naldo Tarcena5s house instead0 Carlito and Eduardo Villas
sta%ed outside *hile Rolando de +ara and Rosa&ella *ere ushered in to the house &%
Re%naldo Tarcena and later told to rest in the &edroom0 Rolando de +ara said that once
inside the room Rosa&ella &egan to ta6e off her clothes0 7e *ent on top of her *hile
Rosa&ella held his penis and guided it into her -agina0 Their lo-ema6ing lasted for
a&out 1/ minutes after *hich the% rested em&raced and 6issed each other0
:hen ;aga*ad 8raceli Tarcena arri-ed in Re%naldo Tarcena5s house Rolando and
Rosa&ella told her that the% had eloped0 She in-ited them to her house *here the%
sta%ed until the ne)t morning0 Carlito and Eduardo Villas then *ent home0
[(1]
The ne)t da% #a% 1" 1332 #agno Tamares *ent to ;aga*ad Tarcena5s house
and &rought *ith him a pair of shorts and panties sent &% Rolando de +ara5s cousin
<emma Ri-era0 Thereafter Rosa&ella5s parents and three >2A policemen led &% .at0
9uson arri-ed0 .at0 9uson first tal6ed *ith Rosa&ella alone and then *ith her
parents0 8fter*ards .at0 9uson told Rolando that Rosa&ella5s parents *anted him to
start ser-ing them at home as it *as the custom in the pro-ince0 :hereupon the group
proceeded to the house of Rosa&ella in !uli together *ith Rolando de +ara5s relati-es to
help him perform the customar% ?paninilbihan@ in anticipation of their marriage0
[((]
On #a% 1C 133" Rosa&ella5s t*o &rothers together *ith t*o policemen too6 her to
+u&ang0 Rolando follo*ed them to +u&ang &ut he did not see her an%moreG instead
he learned of a criminal complaint filed against him after a *ee60
[(2]
On the &asis of this e-idence the trial court rendered its decision on 8pril 1D 133/
the dispositi-e portion of *hich reads1
[("]
:7ERE=ORE ,udgment is here&% rendered1
10 =inding the accused #8<NO T8#8RES C8R+ITO VI++8S and
EDH8RDO >EmingA VI++8S <HI+T9 of the crime of =orci&le 8&duction all as
principals *ith the aggra-ating circumstance of nocturnit% and are here&%
meted a penalt% of imprisonment of TEN >1'A 9E8RS and ONE >1A D89
of Prision !ayor as minimum to T:ENT9 >('A 9E8RS of "eclusion
Temporal as ma)imumG
(0 =inding the accused RO+8NDO DE +8R8 <HI+T9 &e%ond reasona&le
dou&t of the comple) crime of =orci&le 8&duction *ith Rape and is here&%
meted a penalt% of "eclusion Perpetua *ith accessories of the la*G and
20 Ordering all the accused ,ointl% and se-erall% to indemnif% Rosa&ella de
+emos the sum of =I=T9 T7OHS8ND >./''''0''A .ESOS and to pa% the
costs0
IT IS SO ORDERED0
7ence this appeal0 Eduardo Villas su&seFuentl% as6ed for and *as granted lea-e
to *ithdra* his appeal0
[(/]
8ccused$appellants contend1
T7E COHRT 8 IHO =8I+ED TO <IVE DHE :EI<7T 8ND
CONSIDER8TION TO T7E EVIDENCE 8DDHCED !9 T7E DE=ENSE
#HC7 +ESS CONSIDERIN< T7E CO++ECTIVE I#.ORT O= T7E
=8CTH8+ CIRCH#ST8NCES :7IC7 S7O: T7E I#.RO!8!I+IT9 O=
T7E O==ENSE C78R<ED0
T7E COHRT 8 IHO ERRED IN CONVICTIN< T7E 8CCHSED$
8..E++8NTS DES.ITE +8C; O= +E:D DESI<N 8S S7O:N !9 T7E
CO#.+ETE 8!SENCE O= CONS.IR8C9 !ET:EEN T7E =OHR
8CCHSED$8..E++8NTS0
I.
:e find these contentions *ithout merit0
The e-idence clearl% sho*s that Rosa&ella *as forci&l% ta6en &% accused$
appellants *hile on her *a% to ,oin a procession0 She *as carried to the forest against
her *ill and there se)uall% a&used &% Rolando de +ara0 She *as later ta6en &%
accused$appellants to the house of ;aga*ad 8raceli Tarcena some t*o >(A 6ilometers
a*a% from *here she *as ta6en &% her parents and some policemen the follo*ing
morning #a% 1" 13320
Rolando de +ara claims that he and Rosa&ella *ere s*eethearts and that the% *ere
eloping on #a% 12 1332 *hen the% *ere found in the house of ;aga*ad 8raceli
Tarcena0 Se-eral circumstances negate this claim0
#irst0 The t*o had alread% &ro6en off their relationship at the time of the incident0
Rolando5s letter to Rosa&ella discloses that *hate-er relationship or feelings the%
shared &efore had alread% ceased at least as far as Rosa&ella *as concerned0
8s the trial court found1
[(C]
Regarding Rolando5s claim of elopement the e-idence sho*ed that as of #a%
12 1332 he and Rosa&ella are no longer s*eethearts &ecause as earl% as
133( the% had &ro6en off their relationship0 7is letter to Rosa&ella dated 1($
1C$3( and mar6ed as E)hi&it ?E@ *hich *as identified &% Rosa&ella is clear
enough to sho* that the relationship &et*een them had ceased to &e
s*eet0 !esides the oral testimon% of Rosa&ella to that effect had not &een
successfull% re&utted &% the accused0 E-en granting for the sa6e of argument
that the% eloped &ecause the% lo-e each other and the reason for their
elopement is the o&,ection of Rosa&ella5s relati-es *h% is it that after the
incident *hen the parents of Rosa&ella allegedl% agreed to the proposition
that Rolando and Rosa&ella *ill &e married Rosa&ella refused to marr% the
accused and instead opted to file charges against him there&% su&,ecting
herself and her entire famil% to pu&lic ridicule and the difficult conseFuences of
such actionB The ensem&le conclusion that can &e dra*n from such action is
the fact that at the time of the alleged incident the accused Rolando and the
complainant Rosa&ella are no longer s*eethearts0
Indeed as his letter re-eals since Rolando de +ara arri-ed from Saudi 8ra&ia he
had &een tr%ing -er% hard to reconcile *ith Rosa&ella0 8s his feelings had not &een
reciprocated he resorted to a more e)treme measure *ith the help of the other
accused$appellants &% ta6ing Rosa&ella against her *ill0 8fter ta6ing her Rolando
raped her0 E-en if Rosa&ella and Rolando *ere s*eethearts this did not gi-e the latter
such license to ta6e li&erties *ith her0 8s this Court held ?[a] s*eetheart cannot &e
forced to ha-e se) against her *ill0 Definitel% a man cannot demand se)ual
gratification from a fiancee and *orst emplo% -iolence upon her on the prete)t of
lo-e0 +o-e is not a license for lust0@
[(D]
$econd. Rolando de +ara claims that he and Rosa&ella had se)ual intercourse in
the house of Re%naldo Tarcena in a room gi-en to them0 !ut as the trial court correctl%
o&ser-ed1
[(4]
There is no dispute that there *as actuall% a se)ual intercourse that too6
place &et*een the accused and the complainant0 That fact is admitted &% the
parties and confirmed &% the testimon% of Dr0 Teresa 8&eleda .agilagan *ho
conducted an e)amination of the complainant shortl% after the incident0 8
medico legal certificate *as prepared and su&mitted in e-idence0 The onl%
Fuestion is *hile the prosecution claimed that it *as done &% force and
intimidation in a forested area the accused claimed that it *as accomplished
in a room at the house of Re%naldo Tarcena upon the mutual and -oluntar%
desire of Rolando and Rosa&ella0
!ased upon the testimonies of Re%naldo Tarcena and 8raceli Tarcena the
circumstances of time and place *ould not allo* the possi&ilit% of Rolando
and Rosa&ella ha-ing se)ual intercourse at said house0 The e-idence
sho*ed that Re%naldo Tarcena5s house is a one >1A room house and the time
that the t*o $ Rolando and Rosa&ella $ sta%ed there *as too short for them to
&e a&le to perform the acts so -i-idl% pictured &% Rolando in his
testimon%0 #oreo-er the undisputed fact is that during the time that Rolando
and Rosa&ella *ere in Rod% Tarcena5s house up to the time that the% left the
same after the arri-al of 8raceli Rod%5s *ife and children >t*o >(A adolescent
daughtersA *ere all a*a6e the claim that under such circumstances Rolando
and Rosa&ella could ha-e engaged in a se)ual intercourse is simpl%
un&elie-a&le0
#oreo-er *hen Re%naldo Tarcena *as presented again as re&uttal *itness he
testified that *hen accused$appellants together *ith Rosa&ella arri-ed in his house he
,ust let Rolando de +ara and Rosa&ella sit on the cemented floor *hile he *ent to
;aga*ad Tarcena0 7e denied Rolando5s claim that it *as in his house *here the couple
had se)ual intercourse &ecause as he e)plained his house is a one >1A room affair
*ith onl% a &lan6et separating the area *here some of his children sleep0
[(3]
Indeed as Rosa&ella said the% sta%ed in Re%naldo5s house for onl% fi-e >/A
minutes a -er% short period for a man and *oman to engage in se)ual
intercourse0 =urther it *as unli6el% for a couple *ho eloped to engage in such acti-it%
in utter carelessness and apparent disregard of the fact that Re%naldo Tarcena5s *ife
and children *ere a*a6e *hen the% arri-ed0
Third0 Rolando de +ara did not dispute that Rosa&ella had menstruation at the time
*hen the% allegedl% engaged in consensual se)ual intercourse0 Considering the
inherent modest% and reticence of a t%pical =ilipina it is dou&tful if she reall% agreed to
engage in se)ual intercourse *hile she had her menstrual c%cle especiall% so
considering that this *as her first time to do this0 That Rosa&ella *as menstruating at
that time *as *ell esta&lished &% the e-idence of the prosecution to *it1
Testimon% of Rosa&ella de +emos
[2']
I $ 8nd *hat did Rolando de +ara do after %ou resisted the un&uttoning of %our
&louse if an%B
8 $ 7e un&uttoned m% pants and lo*ered it *ith m% pant% and nap6in sir0
.ROSECHTOR J8R8V8T81
I $ :h% do %ou ha-e a nap6in at that timeB
8 $ I had a menstruation at that time sir0
I $ 8nd after Rolando de +ara lo*ered %our pants and pant% and remo-ed the
nap6in *here *as the nap6in placedB
8 $ 7e thre* it sir0
0 0 0 0
I $ Did %ou not reFuest Rolando de +ara to &u% %our toothpasteB
8 $ 7e &ought toothpaste and tooth&rush sir0
I $ Did he purchase these items upon %our reFuestB
8 $ I did not sa% sir0
I $ :ere these the onl% items deli-ered to %ou &% Rolando de +araB
8 $ 8lso nap6in sir0
I $ 8re %ou referring to a ta&le nap6inB
8 $ #enstrual nap6in sir0
I $ 9ou are referring to a #odess sanitar% nap6inB
8 $ 9es sir0
Testimon% of Dra0 Teresa .agilagan
[21]
I $ No* ho* a&out positi-e minimal -aginal &leeding *hat is thatB
8 $ #ahinang pagla&as ng dugo sa 6ani%ang pu*erta >-aginal canalA sir0
I $ :ere %ou a&le to determine the cause of that minimal -aginal &leedingB
8 $ I as6ed the patient sir0
I $ :hat did she ans*erB
8 $ She has menstruation sir0
#ourth0 The testimon% of Rolando de +ara puts in serious dou&t his claim that the%
eloped on the night of #a% 12 1332 *hen he admitted that the% did not &ring *ith them
an% clothes *hen the% eloped0
[2(]
#oreo-er it is difficult to &elie-e for s*eethearts *ho
planned to elope due to the o&,ections of relati-es to their relationship to proceed *ith
their plan at a time *hen the% *ould most li6el% &e caught &% their o&,ecting relati-es
considering that Rosa&ella *as then *ith her mother sister and other companions
&ecause the% had planned to ,oin the procession0
#i%th. Rolando de +ara claims that Rosa&ella did not resist his se)ual
ad-ances0 On the contrar% the e-idence sho*s that Rolando threatened to 6ill
Rosa&ella if she did not gi-e in to his desire and contusions and a&rasion on -arious
parts of her &od% *ere found *hich according to Dr0 .agilagan *ere most li6el%
sustained *ithin the *ee6 prior to e)amination and could not ha-e &een self$
inflicted0 The e)amination also re-ealed that she suffered h%menal lacerations0
8ccused$appellants argue further that se-eral details of the incident testified to &%
Rosa&ella cast dou&t on her credi&ilit% particularl% her claim that *hen she *as raped
her pants and panties had &een pulled do*n ,ust a&o-e her 6nees0 This circumstance
ho*e-er does not pre-ent a man from ha-ing intercourse *ith a *oman especiall%
considering that the crime *as committed in a hurr%0
8ccused$appellants also claim that Rosa&ella failed to immediatel% disclose the
incident to her parents *hen the latter arri-ed in ;aga*ad Tarcena5s house0 8s
Rosa&ella said ho*e-er the threat to 6ill her and her famil% made &% #agno Tamares
stopped her from doing so0
Rosa&ella said that she *as afraid of #agno Tamares although the latter is her
relati-e &ecause she 6ne* him to ha-e &een pre-iousl% con-icted and imprisoned for
6illing a person0 That is *h% according to Re%naldo Tarcena in *hose house Rosa&ella
*as first ta6en Rosa&ella refused to tal60 ;aga*ad 8raceli Tarcena said the same
thing0 Thus the testimonies of the prosecution *itnesses sho*1
Testimon% of Rosa&ella de +emos
[22]
I1 Can %ou tell us *h% %ou failed to mention &efore the .olice Officer the in,uries %ou
suffered in the hands of the a&ductorsB
81 :hen I tal6ed to him he told me if I am *illing to marr% Rolando de +ara sir0
I1 Did %ou not first inform him that %ou *ere forci&l% a&ducted and rapedB
81 No Sir0
I1 Did %ou not tell .olice Officer 9uson that %ou *ere forced to go *ith Rolando de +araB
81 The onl% Fuestion he as6ed me *as if I am *illing to marr% Rolando de +ara he ne-er
as6ed an% other Fuestion sir0
I1 So .olice Officer 9uson merel% as6ed %ou *hether %ou are agreea&le to get married
*ith Rolando de +ara is that correctB
81 9es sir0
I1 8nd *hat *as %our ans*erB
81 I said %es &ecause I *as threatened &% #agno Tamares that if I am not going to marr%
Rolando de +ara I *ill &e 6illed sir0
I1 Did %ou tell that to .olice Officer 9usonB
81 No sir0
I1 :as #agno Tamares present *hen %ou tal6ed to .olice Officer 9usonB
81 No sir he *as outside0
I1 8nd inspite of that %ou did not e-en &other to inform 9uson or his companion that %ou
are &eing threatened &% #agno TamaresB
81 I am confused at that time that is *h% I do not 6no* *hat to do then sir0
I1 :hat *as %our confusion ma% I as6 #iss *itnessB
81 I *as afraid &ecause I *ill &e 6illed &% #agno Tamares sir0
Testimon% of <loria de +emos
[2"]
I1 9ou mentioned also #rs0 de +emos that #agno Tamares *as guarding %ou is that
correctB
81 9es sir0
I1 :as #agno Tamares *hen he *as guarding %ou carr%ing an% *eaponB
81 None sir0
I1 7o* did %ou conclude that #agno Tamares *as guarding %ouB
81 7e ne-er left our house sir0
0 0 0 0
I1 9ou ne-er *ere threatened &% the presence of #agno Tamares is that correctB
81 I am afraid to himself >sicA &ecause he had 6illed a person sir0
I1 9ou are referring toB
81 #agno Tamares %our 7onor0
I1 :as #agno Tamares follo*ing %our e-er% mo-eB
81 9es sir0
Testimon% of Re%naldo Tarcena
[2/]
I 8nd %ou are on spea6ing terms *ith Rosa&ella de +emos e-er%time she is >sicA Ca&raB
8 9es sir *e are greeting each other0
I 8nd on that particular date *hen she arri-ed in %our house together *ith the three
accused she did not utter a single *ord to %ou is that correctB
8 9es sir that is *h% I *as surprised0
I 8nd ho* man% times did %ou attempt to tal6 to her on that particular hourB
8 She ne-er tal6ed that is *h% I *as surprised sir0
Testimon% of .at0 Ronald I&is
[2C]
I1 :hat did %ou do after +eon de +emos cried and told %ou that he *ants some result *hat
happened ne)tB
81 I as6ed him *hat he *anted to happen sir0
I1 :hat did he ans*erB
81 7e told me *hat is appropriate sir0
I :hat did %ou do after 6no*ing his ans*erB
8 I got permission from him to tal6 *ith her daughter sir0
I :hat is the name of the daughterB
8 Rosa&ella de +emos sir0
I :ere %ou a&le to tal6 *ith herB
8 9es sir0 She *as still inside their room and *hen I *ent inside and upon seeing me she
got h%sterical sir0
I 8nd *hat do %ou mean &% h%stericalB
8 She cried and cra*led sir0
I 8nd *ho *as present *hen %ou said Rosa&ella de +emos &ecame h%stericalB
8 7er sister sir and I as6ed her to pacif% Rosa&ella0
I Did her sister pacif% Rosa&ellaB
8 9es sir0
I :hat happened to Rosa&ella *hen she *as pacified &% her sisterB
8 I as6ed her *hat she feels and according to her she feels good sir0
I :hat did %ou do after Rosa&ella told %ou that she is feeling goodB
8 I as6ed her *hat she *ants to do sir0
I 8nd *hat did she ans*erB
8 She told me she *ill tal6 upon arri-al in the to*n sir0
Testimon% of 8raceli Tarcena
[2D]
I1 :hat happened to Rosa&ella de +emos after %ou arri-ed in %our houseB
81 :hen *e *ere alread% in our house I told them to sit do*n and I as6ed Rosa&ella de
+emos if she -oluntaril% *ent *ith Rolando de +ara sir0
I1 8nd *hat did Rosa&ella tell %ouB
81 I as6ed Rosa&ella de +emos se-eral times and she ne-er ans*er and it *as Rolando de
+ara *ho ans*ered ?Tia Celi hindi ni%a alam na si%a a% 6u6unin@ sir0
The foregoing sho*s &e%ond dou&t that Rolando is guilt% of the crime of forci&le
a&duction *ith rape0 8rticle 2"( of the Re-ised .enal Code defines and penaliKes the
crime of forci&le a&duction0 The elements are1 >1A that the person a&ducted is an%
*oman regardless of her age ci-il status or reputationG >(A that she is ta6en against her
*illG and >2A that the a&duction is *ith le*d designs0 Rape on the other hand is
committed *hen an offender had carnal 6no*ledge *ith a *oman >1A &% force or
intimidation or >(A *hen the *oman is depri-ed of reason or is unconscious or >2A
*hen the *oman is under 1( %ears of age0 The carnal 6no*ledge in the instant case
*as committed through force and intimidation0 The prosecution pro-ed &e%ond
reasona&le dou&t that Rolando de +ara succeeded in forci&l% a&ducting the complainant
*ith le*d designs esta&lished &% the actual rape0
[24]
In a similar case
[23]
this Court held1
There is no contro-ers% as to the fact that Carolina Isidro *as ta6en a*a% &%
Serafin Castillo and #arcelo +ugod against her *ill0 Counsel for appellant
admits this and it is *ell supported &% the e-idence0 No* the Fuestion *ould
&e1 :ere le*d designs sufficientl% pro-en to constitute the case one of
forci&le a&ductionB The trial court5s finding is full% supported &% e-idence0 It
is admitted that Serafin Castillo *as a re,ected suitor of Carolina Isidro *ith no
hope of ha-ing her in marriage0 7is persistent offers of lo-e and marriage had
&een decidedl% spurned0 It *as in the e-ening of #arch (D *hen he too6 the
girl &% force and at that time the office of the ,ustice of the peace is usuall%
closed and no marriages are therein solemniKed much less at a moment5s
notice *ithout pre-iousl% fulfilling the reFuisites pro-ided &% la*0 Castillo too6
the girl in acarretela to a distance much farther than the municipal &uilding of
8liaga and he proceeded *ith her to that &uilding onl% &% the *arning of a
gra-e danger ahead0 In the carretela he forci&l% em&raced her 6issed her
and handled her against her *ill0 No protestation of no&le intentions can
o&-iate the conclusion that all these acts pro-ed le*d designs0 :ould a man
intent on marriage so actB 8ppellant Castillo claims these acts *ere intended
simpl% to add to the persuasi-e force of his matrimonial offer0 This merits no
consideration at all0 It is a defense that can &e put up e-en &% one *ho
commits rape that the girl *ill e-entuall% %ield to marriage0
The claim that Rolando and Rosa&ella *ere s*eethearts and that on #a% 12 the%
*ere eloping has thus no &asis in fact0 The Fuestion no* is *hether Carlito Villas
Eduardo Villas and #agno Tamares are guilt% of a&duction as the trial court found0
II.
:e find merit in the contention of these three that the element of le*d design *as
not pro-en as to them0 Nor *as there conspirac% in this case0 7ence the% cannot &e
con-icted of the crime of forci&le a&duction0 8s held in People v. Crisostomo,
["']
to
constitute a&duction the ta6ing a*a% of a *oman against her *ill must &e pro-en to
ha-e &een effected *ith unchaste designs0 8ccordingl% in the case at &ar it *as
incum&ent upon the prosecution to pro-e that the three accused *ere actuated &% le*d
design0 The prosecution failed to do so e)cept *ith respect to Rolando de +ara0
Nor can *e find an% &asis for the allegation of conspirac% to commit the crime of
forci&le a&duction much less forci&le a&duction *ith rape e-en if it *as pro-en that one
of the accused har&ored le*d designs0 :hile it is enough that at least one of the
accused entertained le*d design in order to con-ict all of them of forci&le a&duction
such le*d intent ho*e-er must &e 6no*n to all accused *ho cooperated in the
commission of the felon%0 In the case at &ar it *as not pro-en that Carlito Villas
Eduardo Villas and #agno Tamares had 6no*ledge of the le*d designs entertained &%
Rolando de +ara0
7o*e-er *e find #agno Tamares Eduardo Villas and Carlito Villas guilt% of gra-e
coercion0 This crime is committed *hen1 >aA a person is pre-ented &% another from
doing something not prohi&ited &% la* or that he *as compelled to do something
against his *ill &e it right or *rongG >&A that the pre-ention or compulsion &e effected &%
-iolence either &% material force or such a displa% of force as *ould produce
intimidation and control the *ill of the offended part%G >cA that the person that restrained
the *ill and li&ert% of another had not the authorit% of la* or the right to do so or in
other *ords that the restraint shall not &e made under authorit% of la* or in the e)ercise
of an% la*ful right0
["1]
The e-idence pro-es that these elements are present in this case
as far as #agno Tamares Eduardo Villas and Carlito Villas are concerned0 It is
note*orth% that according to ;aga*ad Tarcena and .at0 I&is #agno Tarcenas pleaded
*ith them to clear him of an% criminal lia&ilit%0 Thus $
Testimon% of 8raceli Tarcena
["(]
I 7o* a&out #agno Tamares did he not tr% to get the statement from %ouB
8 #agno Tamares as6ed me to gi-e a statement that Rosa&ella de +emos -oluntaril% *ent
*ith Rolando de +ara sir0
I No* *hat did %ou tell #agno Tamares *hen he told %ou to gi-e statement that
Rosa&ella de +emos -oluntaril% *ent *ith Rolando de +araB
8 I told #agno Tamares that I cannot gi-e him an% statement &ecause that is against m%
dut% as a council*oman sir0
Testimon% of .at0 Ronald I&is
["2]
I :hat did %ou do after thatB
8 :hile *e *ere on our *a% to to*n #agno Tamares as6ed us not to lea-e sir0
I Did #agno Tamares approach %ouB
8 9es sir0
I :here did #agno Tamares approach %ouB
8 I *as in the sala of the house sir0
I 8nd *hat did %ou ans*er if an% to that plea of #agno TamaresB
8 I told him that the reFuest *as to &ring her to the to*n and I told him ,ust to follo* us in
to*n sir0
I :hat did Tamares ans*er if an%B
8 7e as6ed me if the matter can &e settled &ut I told him that according to the complaining
part% the% do not *ant to settle the matter sir0
On the other hand the defense of coincidence or accidental meeting put up &%
Carlito Villas and Eduardo Villas is untena&le0 8s the trial court found1
[""]
+i6e*ise the Court cannot &elie-e and therefore has to re,ect defense
assertion of coincidence0 That it *as &% coincidence that Carlito and Eming
Villas met at a store to &u% cigarettesG That it *as &% coincidence that Carlito
and Eming Villas met Rolando and Rosa&ella along the *a%G and that it *as
&% coincidence that Carlito and Eming Villas *ent *ith Rolando and Rosa&ella
all the *a% until the ne)t da% *ithout e-en thin6ing of their o*n families0
=ull faith and credence must &e gi-en to the testimon% of the prosecution *itnesses
in the a&sence of an% sho*ing that the% had an% ill$moti-e to charge accused$appellants
of the serious crime of forci&le a&duction *ith rape0
Rosa&ella had no moti-e to charge accused$appellants of a crime considering that
Rolando de +ara *as her former s*eetheart *hile the others *ere her relati-es0 #agno
Tamares is a relati-e of Rosa&ella5s father Eduardo Villas5 *ife is the first cousin of
Rosa&ella5s mother and Carlito Villas is the first cousin of Rosa&ella5s father0 If
Rosa&ella and Rolando had reall% eloped there *as no reason for her to accuse
Rolando and the others of forci&le a&duction *ith rape0 The onl% logical conclusion that
can &e deduced from her actions is that she had a strong desire to punish the persons
for the *rong the% had committed against her0
Nor did Rosa&ella5s mother ha-e an% moti-e to charge accused$appellants
falsel%0 8 mother *ould not e)pose her daughter5s misfortune to the pu&lic if she *as
not moti-ated &% an honest desire to ha-e the culprit punished and thus -indicate her
daughter5s honor0
["/]
:ith respect to *itnesses Re%naldo and 8raceli Tarcena there *as
no e-idence that the% har&ored an% ill *ill against accused$appellants for testif%ing for
the prosecution0
In -ie* of the a&o-e *e find Rolando de +ara guilt% of the crime of forci&le
a&duction *ith rape *hile #agno Tamares Carlito Villas and Eduardo Villas guilt% of
gra-e coercion0 In li6e manner onl% Rolando de +ara should &e made lia&le for the
amount of ./''''0'' *hich accused$appellants *ere ordered to pa% as indemnit% and
the costs of the suit0 In addition he must li6e*ise pa% complainant the amount
of./''''0'' as moral damages0 #oral damages is to &e gi-en in rape cases e-en if
there is neither allegation nor e-idence presented as &asis therefor0
["C]
Considering that the ,udgment &% the trial court against Eduardo Villas had alread%
&ecome final and e)ecutor% on account of the *ithdra*al of his appeal the additional
monetar% a*ard applies onl% to those *ho pursued the appeal i.e., Rolando de +ara
Carlito Villas and #agno Tamares0 7o*e-er since this Court finds Eduardo Villas guilt%
of gra-e coercion *hich is a lesser offense the penalt% imposed &% the trial court must
li6e*ise &e modified as to him pursuant to Rule 1(( L11>aA *hich pro-ides that a
,udgment of an appellate court *hich is fa-ora&le shall &enefit an accused *ho did not
,oin the appeal ta6en &% his co$accused0
.arentheticall% considering that the ma)imum term of imprisonment for gra-e
coercion is onl% si) >CA months the rules on Indeterminate Sentence +a* shall not appl%
in this case0
["D]
'HEREFORE the decision of the Regional Trial Court !ranch "" Occidental
#indoro is 8==IR#ED *ith the follo*ing #ODI=IC8TIONS1
>1A 8ccused$appellant Rolando de +ara is found <HI+T9 of forci&le a&duction *ith
rape and sentenced to suffer the penalt% of reclusion perpetua and to pa% the offended
part% Rosa&ella de +emos the amount of ./''''0'' as indemnit% and ./''''0'' as
moral damagesG
>(A 8ccused$appellants #agno Tamares and Carlito Villas are found guilt% of gra-e
coercion and sentenced to suffer three >2A months ofarresto mayor medium and to pa%
a fine of ./''0''G
>2A 8ccused Eduardo Villas is found guilt% of gra-e coercion and sentenced to
suffer three >2A months of arresto mayor medium and to pa% a fine of ./''0''0
SO ORDERED.
&ellosillo, 'Chairman), (uisumbing, &uena, and )e eon, *r., **., concur0
[1] Per Executive Judge Fernando Z. Caunan.
[2] Rollo, p. 8.
[3] TS !"o#a$e%%a de &e'o#(, pp. )*+, ,a- ., 1++).
[)] Id., pp. 31*3+, ))*)..
[.] Id., p. 1/0 TS !1%oria de &e'o#(, pp. +*18, ,a- 2, 1++).
[2] TS !"o#a$e%%a de &e'o#( pp. 1/*1+, 3)*33, ,a- ., 1++).
[3] TS !"e-na%do Tarcena(, pp. 1/*2), ,a- ), 1++)0 TS !"o#a$e%%a de &e'o#(, pp. 18*2/, ,a- ., 1++).
[8] TS !4race%i Tarcena(, pp. 1.*18, Jan. 28, 1++).
[+] Id., pp. 1+*230 TS !"o#a$e%%a de &e'o#(, pp. 2/*21, ,a- ., 1++).
[1/] TS !4race%i Tarcena(, pp. 3), )/*)1, Jan. 28, 1++).
[11] Id., pp. 23*2+.
[12] TS !"o#a$e%%a de &e'o#(, pp. 8/*88, ,a- ., 1++).
[13] Id., pp. +3*1/2, 118*12/.
[1)] TS !P51 "ona%d 6$i#(, pp. 3*13, ,a- 1/, 1++).
[1.] TS !7r. Tere#a Pagi%agan(, pp. 1/*2+, Fe$. 21, 1++)0 Ex8i$it 9:;.
[12] TS !"o#a$e%%a de &e'o#(, pp. 1/+*111, ,a- ., 1++)0 Ex8i$it# 9F*1; * 9F*3+.;
[13] TS !"o%ando de &ara(, pp. 2*1., ,a- 13, 1++).
[18] TS !Car%ito <i%%a#(, pp. ), June 3, 1++).
[1+] TS !"o%ando de &ara(, pp. 1)*1., ,a- 13, ++).
[2/] TS !,agno Ta'are#(, pp. 1)*12, June 2, 1++).
[21] TS !"o%ando de &ara(, pp. 1.*31, ,a- 13, 1++)0 TS !Car%ito <i%%a#(, p. 1/, June 3, 1++).
[22] TS !"o%ando de &ara(, pp. 3/*)3, ,a- 13, 1++)0 TS !,agno Ta'are#(, pp. 13*18, June 2, 1++).
[23] TS !"o%ando de &ara(, pp. )2*)+, ,a- 13, 1++).
[2)] Rollo, p. 2..
[2.] Id., p. 83.
[22] "TC 7eci#ion, pp. .*2.
[23] Peop%e v. ,ana8an, 1.". o. 1281.3, Sept. 2+, 1+++
[28] "TC 7eci#ion, p. ).
[2+] TS !"e-na%do Tarcena(, pp. 3/*3), 5cto$er 2/, 1++).
[3/] TS, pp. 1)*1., ,a- ., 1++).
[31] TS, p. 1., Fe$. 21, 1++).
[32] TS !"o%ando de &ara(, p. .3, ,a- 13, 1++).
[33] TS, pp.8.*88, ,a- ., 1++).
[3)] TS, pp. )3*)+, ,a- 2, 1++).
[3.] TS, pp. 13*18, ,a- ), 1++).
[32] TS, pp. 3*8, ,a- 1/, 1++).
[33] TS, pp. 21*22, Jan. 28, 1++).
[38] See Peop%e v. 4c=on, 22. SC"4 233 !1++3(0 Peop%e v. :aca%#o, 1.". o#. +).31*32, June 22, 1++2.
[3+] Peop%e v. Ca#ti%%o, 32 P8i%. 83+, 8)1*8)2 !1+)2(.
[)/] )2 P8i%. 33. !1+23(.
[)1] 2 &ui# :. "e-e#, T8e "evi#ed Pena% Code Cri'ina% &a> .2/*.21 !1++3(.
[)2] TS, pp. 28*2+, Jan. 28, 1++).
[)3] TS, pp. 8*+, ,a- 1/, 1++).
[))] "TC 7eci#ion, p. 2.
[).] See Peop%e v. "o'ua, 232 SC"4 818 !1++3(0 Peop%e v. :ugarin, 233 SC"4 38) !1++3(.
[)2] Peop%e v. apiot, 1.". o. 11++.2, 4ugu#t ., 1+++.
[)3] 6ndeter'inate Sentence &a>, ?2.