EN BANC

[G.R. No. 119072. April 11, 1997.]

PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, v. JESUS EDUALINO, Accused-Appellant.

The Solicitor General for Plaintiff-Appellee.

Gancayco Law Offices for Accused-Appellant.

SYLLABUS

1. CRIMINAL LAW; RAPE; ELEMENTS; ESTABLISHED IN CASE AT BAR. — The elements of the crime of
rape, as allegedly committed by accused-appellant, are: 1. That the accused-appellant had carnal
knowledge of the complainant; 2. That the act was done against the complainant’s will; 3. That force
and/or intimidation was used in the commission of the act. On whether the acts of accused-appellant
constitute rape, the victim Rowena Nantiza’s testimony was sufficiently clear to show that the carnal
knowledge was without her consent and with force and intimidation. There is no doubt that the crime
committed by accused-appellant is rape.

2. ID.; ID.; WHEN DEATH PENALTY MAY BE IMPOSED; NOT APPLICABLE IN CASE AT BAR. — Under
Article 335 of the Revised Penal Code, as amended by Section 11, R.A. No. 7659." . . the death
penalty shall be imposed if the crime of rape is committed with any of the following circumstances: 1.
When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law
spouse of the parent of the victim. 2. When the victim is under the custody of the police or military
authorities. 3. When the rape is committed in full view of the husband, parent, any of the children or
other relatives within the third degree of consanguinity. 4. When the victim is a religious or a child
below seven (7) years old. 5. When the offender knows that he is afflicted with Acquired Immune
Deficiency Syndrome (AIDS) disease. 6. When committed by any member of the Armed Forces of the
Philippines or the Philippine National Police or any law enforcement agency. 7. When by reason or on
the occasion of the rape, the victim has suffered permanent physical mutilation. (As amended by Sec.
11, RA 7659.)" (Article 335, Revised Penal Code.) In the present case, the prosecution has not proved
any circumstance which would justify or call for the imposition of the supreme penalty of death.

3. REMEDIAL LAW; CRIMINAL PROCEDURE; MEDICAL EXAMINATION, NOT A PREREQUISITE FOR THE
PROSECUTION OF RAPE. — The Court has repeatedly held that a medical examination of the victim is
not a prerequisite in prosecutions for rape. A person accused of rape can be convicted solely on the
testimony of the victim provided the testimony is credible, natural, convincing and otherwise
consistent with human nature and the course of things.

4. ID.; EVIDENCE; TESTIMONY; MINOR INCONSISTENCIES; BADGES THAT THE WITNESSES WERE
UNREHEARSED AND HONEST. — The alleged inconsistencies in the testimonies of the prosecution
witnesses pertain to minor matters and are even badges that the witnesses were unrehearsed and
honest.

FRANCISCO, J., Dissenting Opinion: chanrob1es virtual 1aw library

REMEDIAL LAW; DUE PROCESS; REQUIREMENT FOR "COLD NEUTRALITY OF AN IMPARTIAL JUDGE" ;
MUST BE RECOGNIZED BY THE COURT EVEN UPON FAILURE OF THE ACCUSED TO SIGNIFY HIS
OBJECTION AGAINST JUDGE’S PARTIALITY. — To give life to the due process requirement of "cold
neutrality of an impartial judge," the right of the judge to participate in the examination of witnesses
must be sparingly used in order to avoid the impression of partiality in favor of one party. Thus, to
reiterate "People v. Opida" (142 SCRA 295),." . . the judge must not only be impartial but must also
appear to be impartial, to give added assurance to the parties that his decision will be just. The parties
are entitled to no less than this, as a minimum guaranty of due process." Under the doctrine that an
appeal throws the whole case open to review, the failure of the accused to signify any kind of
objection (whether by objecting to the judge’s question or by seeking for his inhibition) to the judge’s
partiality during trial does not prevent this Court from taking cognizance of this irregularity and
thereafter render a judgment of acquittal grounded thereon if circumstances warrant.