EN BANC

[G.R. No. 146569. October 6, 2003]

THE PEOPLE OF THE PHILIPPINES, appellee, vs. OHN
NE!"I#, appellant.
$ E % I S I O N
PER CURIAM&
This is an automatic review of the Decision
[1]
of the Regional Trial Court
(RTC) of loilo Cit!" Branch #$" convicting the a%%ellant of &ualifie' ra%e"
sentencing him to 'eath (! lethal in)ection an' 'irecting him to %a! the victim
*ar! +hel ,- +uanco" civil in'emnit! an' moral 'amages-
T'e #(tece)e(t*
.n *a! 1/" 1000" an information was file' with the RTC" charging 1ohn
Ne&uia with ra%e- The accusator! %ortion of the nformation rea's2
That on or about January 23, 1999, in the Municipality of Oton, Province of Iloilo,
Philippines, and within the urisdiction of this !onorable "ourt, the above#na$ed
accused, with %rave abuse of confidence, he, bein% the stepfather of the victi$, with
lewd desi%n and by $eans of force, threat and inti$idation, did then and there
willfully, unlawfully and feloniously succeed in havin% carnal &nowled%e of one
M'() *!+, P- *.'/"O, a 13 year#old $inor, a%ainst her will and0or consent-
"O/T('() TO ,'1-
[#]
The accuse'" assiste' (! counsel" was arraigne' on 1une #1" 1000 an'
entere' a %lea of not guilt!-
T'e %+*e ,or t'e Pro*ec-t.o(
During their coverture" 3elena ,lanta an' her live4in %artner +erman
+uanco ha' three chil'ren" *ar! +hel" +erl!n an' 1ohn +il- *ar! +hel" the
el'est" was (orn on 5e(ruar! #" 1067- 3elena e8e' out a living as a franchise
'ealer of Avon %ro'ucts-
3elena an' +erman eventuall! se%arate'- n *arch 1009" 3elena an'
the accuse' live' as hus(an' an' wife in ,a8ia'" .ton" loilo- The chil'ren
sta!e' with them- 3elena an' the accuse' were later marrie' on Decem(er 9"
100:-
.n Decem(er $1" 1009" 3elena was in their house coo8ing- The accuse'
insinuate' that he wante' to have se; with her- 3elena tol' her hus(an' not
to (other her (ecause she was (us! coo8ing- The accuse' went u% to the
secon' floor of their house- <hen the accuse' came 'own" he 8isse'
3elena- =he u%(rai'e' her hus(an' an' tol' him2 >+a" !our mouth is
smelling vagina-? 3e tol' her that he woul' )ust wash his mouth- After 'oing
so" the accuse' went to the camalig. 5or her %art" 3elena went u% to the
secon' floor of their house an' saw her 'aughter +erl!n" who was then a(out
eight !ears ol'" l!ing on the floor covere' with a (lan8et- <hen 3elena %ulle'
the (lan8et awa!" she notice' that her 'aughter@s %anties were
inverte'- =us%ecting that the accuse' ha' se;uall! a(use' her 'aughter"
3elena %rocee'e' to the camalig an' confronte' him- =he 'eman'e' to 8now
what he 'i' to +erl!n- The accuse' 8e%t silent- 3elena then tol' the accuse'
that she woul' sen' her 'aughter to live with her %arents an' sisters in
Baranga! ,ulo" *aestra Aita in .ton- The accuse' got angr!- 3elena then
%lea'e' to him2 >f !ou will not a'mit [it]" %lease 'on@t re%eat it again
[sic]. 3elena tol' +erl!n to (e on guar' henceforth- 3elena 'i' not re%ort the
inci'ent to the %olice authorities ho%ing that the accuse' woul' not a(use her
'aughter again- As a %recautionar! measure" 3elena (rought her 'aughters
*ar! +hel an' +erl!n to her %arents@ house at the en' of the school !ear" an'
as8e' them if her 'aughters coul' sta! there for a while- 3er %arents agree'-
3owever" 1ohn +il" who was then a(out five !ears ol'" sta!e' with his mother
an' the accuse' in ,a8ia'-
At :2// a-m- of 1anuar! #$" 1000" a =atur'a!" 3elena left their house to
collect her customers@ accounts- The accuse'" his mother Bin'a an' 1ohn +il
were left in the house- At a(out 02// a-m-" *ar! +hel" who (! then was twelve
!ears ol'" arrive' at the house an' as8e' the accuse' to ma8e a flower vase
for her as a school %ro)ect- The accuse' agree'- B! noontime" he ha' not !et
finishe' his ste%'aughter@s %ro)ect- After lunch" he or'ere' *ar! +hel an'
1ohn +il to go u% to the secon' floor to slee%- The two chil'ren 'i' as the!
were tol'- *ar! +hel an' 1ohn +il la! 'own on the floor face u% (esi'e each
other- *ar! +hel coul' not slee% an' merel! close' her e!es" while her
(rother sle%t soun'l!-
*omentaril!" the accuse' went u% to the secon' floor" forci(l! hel' *ar!
+hel@s han's an' %lace' them (ehin' her (ac8- The accuse' hit her (uttoc8s
with his han' an' %lace' a %illow on her face to %revent her from shouting or
ma8ing an! noise- *ar! +hel foun' it har' to (reathe- =he wante' to shout"
(ut she coul' not- The accuse' then remove' her clothes an' %anties" lic8e'
her vagina with his tongue an' inserte' his fourth finger- 3e then mounte'
*ar! +hel an' inserte' his %enis into her vagina- *ar! +hel felt e;cruciating
%ain- After the accuse' was satiate'" he 'ismounte' from *ar! +hel an'
remove' the %illow from her face- The %ain *ar! +hel felt in her vagina ma'e
her cr! out lou'- Alarme'" the accuse' hastil! %ut his clothes on an' 'resse'
u% *ar! +hel as well- n his hurr!" he forgot to %ut on *ar! +hel@s
%anties- The accuse' then hurrie'l! went 'own to the groun'
floor- Lola Bin'a went u% an' in&uire' what the accuse' ha' 'one to her" (ut
*ar! +hel coul' onl! cr!- *Car! +hel then %ut on her %anties an' wo8e u% her
(rother- The two left the house an' went to their maternal gran'%arents@
house at ,ulo *aestra Aita- *ar! +hel 'i' not tell her
gran'%arents Lola Etring an' Lolo Emil" an' her aunties A!a an' Bing(ing
what the accuse' ha' 'one to her- =he was afrai' that if she 'i'" the accuse'
might harm her an' her famil!-
At a(out 72// %-m- of the same 'a!" the accuse' fetche' 3elena at
Baranga! Cag(ang an' (rought her home- n the 'a!s that followe'" 3elena
notice' that the accuse' was not his usual self- 3e seeme' a(sent4
min'e'- =he as8e' her sister4in4law *ilagrosa =enarlo" what cause' the
unusual (ehavior of her hus(an'- *ilagrosa re%lie' that she 'i' not 8now" (ut
suggeste' that 3elena tal8 to her 'aughter *ar! +hel-
.n 1anuar! #7" 1000" 3elena went to the ,a8ia' Elementar! =chool
where *ar! +hel was stu'!ing- =he wante' to tal8 to her 'aughter- =he was
una(le to 'o so" however" (ecause *ar! +hel was ta8ing her tests at the
time-
1anuar! #:" 1000 was 3elena@s (irth'a!- =he returne' to the school an'
tal8e' with *ar! +hel in the school canteen- <hen 3elena as8e' her
'aughter what ha%%ene' to her on 1anuar! #$" 1000" *ar! +hel re%lie' that
nothing ha%%ene'- 3owever" 3elena notice' that *ar! +hel was 8ic8ing her
feet on the groun' an' that she ha' starte' cr!ing- *ar! +hel then a'mitte'
that something in'ee' ha%%ene' to her- 3elena urge' her 'aughter to reveal
the inci'ent an' to consi'er the information as *ar! +hel@s (irth'a! gift to
her- Touche' (! her mother@s re&uest" *ar! +hel finall! tol' her mother that
she was ra%e' (! the accuse' shortl! after lunch on 1anuar! #$" 1000- =he
tol' her mother how the accuse' se;uall! a(use' her- 3elena was shoc8e'
(! her 'aughter@s revelation- 3elena 'i' not confront the accuse' (ecause
she was sure that he woul' not a'mit to an! wrong'oing-
Nevertheless" 3elena accom%anie' *ar! +hel to the <estern Aisa!as
*e'ical Center in loilo Cit! on 5e(ruar! 1#" 1000- Dr- Encarnacion A-
Ru(inos e;amine' *ar! +hel an' later signe' a me'ico4legal certificate
containing the following fin'ings2
I/T+(/', +2'MI/'TIO/ 3I/4I/*56
"OMP,+T+ !)M+/', T+'(, O,4, !+',+4 'T
7688 and 9688 o:cloc& PO5ITIO/5-
,';O('TO() 3I/4I/*56 /O 5P+(M'TO<O' 5++/
IMP(+55IO/6 "OMP,+T+ !)M+/', T+'(, O,4, !+',+4 'T 7688 = 9688
O:",O"> PO5ITIO/5-
[$]
.n 5e(ruar! D" 1000" 3elena an' *unici%al =ocial <or8er Ra&uel
Bal'ovese accom%anie' *ar! +hel to the .ton ,olice =tation where the!
re%orte' the inci'ent" as well as the Decem(er $1" 1009 occurrence when the
accuse' ha' also a%%arentl! se;uall! a(use' the !ounger +erl!n-
[D]
.n
5e(ruar! 19" 1000" Chief of ,olice Antonio B- Bersamin file' a criminal
com%laint for ra%e against the accuse' with the *unici%al Trial 1u'ge of
.ton- A%%en'e' to the com%laint was the affi'avit e;ecute' (! *ar! +hel-
T'e E/.)e(ce o, t'e #cc-*e)
The accuse' 'enie' the charge- 3e claime' that 3elena instigate' the
charge against him (ecause she wante' to leave him (ut he %revente' her
from 'oing so- 3e testifie' that he was heavil! in'e(te' an' that in 1006"
3elena was as8e' to %a! his 'e(ts- At 72$/ a-m- on 1anuar! #$" 1000" he
accom%anie' his wife 3elena to Baranga! Cag(ang" .ton- 3e returne' to the
house an' saw *ar! +hel who as8e' him to a%%l! shellac on her (am(oo
%ro)ect- 3e tol' *ar! +hel that he ha' no shellac (ut that his (rother4in4law
Roger ,lanta" 3elena@s (rother" ha' some- After a short time" the accuse' left
to %ass (! Roger@s house an' to fetch 3elena- .n the wa!" he also %asse'
(! the house of a frien'" Nestor Es%a'a" at Baranga! A(ilang =ur- 5ifteen
minutes later" he arrive' at Roger@s %lace- The accuse' as8e' Roger if he
ha' shellac an' the latter re%lie' that he ha' alrea'! use' them u%- Roger
then invite' the accuse' to a 'rin8ing s%ree- The accuse' agree'- The!
were )oine' (! Tor%o" an' later (! 1ose%h- The 'rin8ing s%ree en'e' at
aroun' #2$/ %-m- Thereafter" the accuse' %rocee'e' to Baranga! Cag(ang
where he fetche' 3elena- The cou%le arrive' home at 72$/ %-m- B! then"
*ar! +hel ha' alrea'! left the house with her (rother-
*ilagrosa =enarlo" the sister of the accuse'" testifie' that she live' a(out
ten meters awa! from her (rother@s house- 3elena@s relationshi% with her
(rother turne' sour when 3elena starte' arriving home late- The accuse'
(ecame >a(sent4min'e'? (ecause he an' 3elena were heavil!
in'e(te'- 3elena ha' (een to 3ong8ong in 1006 an' s%ent so much mone!
for her tri%- The! also gam(le' at ,a8ia'-
The witness also testifie' that in the earl! morning of 1anuar! #$" 1000"
the accuse' an' 3elena left their house an' went to Baranga! Cag(ang- The
accuse' returne' at 02// a-m- *ar! +hel" who was wearing %ants an' a
(louse" arrive' at the house with her school %ro)ect- The accuse' then left-
3is mother Bin'a tol' *ar! +hel to leave her %ro)ect in the house- As it was
getting late" Bin'a accom%anie' *ar! +hel an' 1ohn +il to the near(!
store- 5rom there" *ar! +hel an' 1ohn +il left for ,ulo *aestra Aita (!
themselves- Accor'ing to the witness" *ar! +hel an' 1ohn +il were even
%la!ing together on their wa! to the store-
The ne;t 'a!" 1anuar! #D" 1000" the accuse' an' 3elena went to the cit!
to see a movie- *ar! +hel (rought her (rother 1ohn +il (ac8 to the house of
the accuse' at D2$/ %-m- in a tric!cle-
After 'ue %rocee'ings" the trial court ren'ere' )u'gment convicting the
accuse' of &ualifie' ra%e an' sentencing him to 'eath- The 'ecretal %ortion
of the 'ecision rea's2
1!+(+3O(+, ud%$ent is hereby rendered findin% the accused *.I,T) beyond
reasonable doubt of the cri$e of (ape defined and penali?ed under 'rts- 2@@#' and
2@@#; of (epublic 'ct A373 hereby sentencin% the accused John P- /eBuia to the
supre$e penalty of 4+'T! by lethal inection, further conde$nin% the said accused
to pay the victi$ Mary *heI *uanco the su$ of P97,888-88 by way of civil liability
and the a$ount of P97,888-88 $oral da$a%es-
The 1arden, Iloilo (ehabilitation "enter, Iloilo "ity where the accused is detained is
ordered to i$$ediately re$it said accused to the /ational Penitentiary- ,et the entire
records of this case be elevated to the !onorable 5upre$e "ourt, Manila for
auto$atic review-
5O O(4+(+4-
[9]
The a%%ellant assails the 'ecision of the trial court" raising the lone
assignment of error that 4
T!+ "O.(T ' C.O *('D+,) +((+4 I/ "O/DI"TI/* T!+
'"".5+4#'PP+,,'/T O3 T!+ "(IM+ O3 "O/5.MM'T+4 ('P+
4+5PIT+ ./"+(T'I/T) O3 IT5 "OMMI55IO/-
[7]
The a%%ellant asserts that" as can (e gleane' from *ar! +hel@s affi'avit
an' the com%laint file' with the *TC" the a%%ellant 'i' not insert his %enis into
*ar! +hel@ s vagina- *ar! +hel a'mitte' when she testifie' that she 'i' not
see the %enis of the a%%ellant- =he a'mitte' that she was l!ing (esi'e her
(rother 1ohn +il when the a%%ellant ra%e' her" an' was force' to close her
e!es when the a%%ellant ha' se; with her-
The a%%ellant conten's that although the %rosecution %rove' that he
inserte' his fourth finger into the %rivate com%lainant@s vagina" such act 'oes
not constitute ra%e (se;ual assault) un'er the Anti4Ra%e Baw-
[:]
3e argues that
the insertion of a human finger into the victim@s vagina has (een e;clu'e' in
=enate Bill No- 09/ an' 3ouse Bill No- 7#79- 3e also cite' *emoran'um
Circular No- ##" 'ate' =e%tem(er #6" #/// of the then =ecretar! of 1ustice
Artemio Tu&uero- 5urthermore" there is no evi'ence that the a%%ellant
threatene' the victim with %h!sical harm- The %rosecution thus faile' to %rove
with certaint! that the a%%ellant ra%e' *ar! +hel-
Accor'ing to the a%%ellant" the victim an' her mother 3elena were even
smiling an' were in a ha%%! moo' 'uring the trial- Des%ite 3elena@s
8nowle'ge that the a%%ellant ha' a(use' her 'aughter" she never confronte'
him- 3elena even a'mitte' that 'es%ite her 8nowle'ge that the a%%ellant ha'
ra%e' her 'aughter" she still agree' to have se; with the a%%ellant" an'
%ro''e' the latter to have more se; although he ha' alrea'! e)aculate'-
The contention of the a%%ellant 'oes not hol' water- *ar! +hel testifie'
that the a%%ellant lic8e' her vagina with his tongue" inserte' his fourth finger"
then his %enis into her vagina" although she 'i' not 8now how 'ee% the
%enetration was- =he felt %ain in her vagina as the a%%ellant %enetrate' her2
E At aroun' 1#2$/ o@cloc8 [sic] at noon" can !ou tell this 3onora(le Court what were
!ou 'oing at that time insi'e the house of !our ste%fatherF
A 3e tol' us to go to slee%-
E Gou sai' >us?" who was !our com%anion at that timeF
A *! !ounger (rother-
E Gour !ounger (rother 1ohn +ilF
A Ges" sir-
E <hen !our ste%father tol' !ou to slee%" 'i' !ou slee%F
A sle%t on the u%%er %ortion-
E Gou mean the house of !our ste%father an' mother has a [sic] # store!F
A Ges" sir-
E That %lace" the u%%er %art of the house where !ou were tol' (! !our ste%father to
slee%" how man! rooms are thereF
A .ne-
E An' where 'i' !ou an' !our (rother slee% that noon of 1anuar! #$" 1000 (ecause
!ou were tol' to slee%F
A At the u%%er %ortion-
E .n the (e'F
A No" sir-
E <hereF
A .n the floor-
E There is no (e' on the u%%er %art of the house of !our ste%fatherF
A No" sir-
E B! the wa!" were !ou a(le to slee% that afternoon of 1anuar! #$" 1000F
A was not a(le to slee%" onl! close' m! e!es-
E <hen !ou sai' !ou onl! close' !our e!es" an' [were] not a(le to slee%" can !ou
tell this 3onora(le Court what ha%%ene'F
A *! ste%father went u%stairs an' hel' m! [sic] (oth han's an' %lace' it [sic] on m!
(ac8-
C.HRT2
E A(out what time is this" more or lessF
A can not recall-
E 3ave !ou alrea'! ta8en !our lunch when !ou went to slee%F
A Ges" sir-
C.HRT2
,rocee'-
5=CAB2
E <hen !ou sai' !our ste%father came an' hel' !our # han's an' %ut them at !our
(ac8" what was !our %osition at that timeF
A was facing u%war's-
E Can !ou 'emonstrate what was !our %osition at that timeF
A Ges" sir- (<itness 'emonstrating (! sitting an' %lacing (oth han's on the (ac8)-
E After !our ste%father hel' !our (oth han's an' %ut [them] on [sic] !our (ac8" what
'i' he 'o after thatF
A 3e covere' m! e!es an' mouth with a %illow-
E After he covere' !our e!es an' mouth with a %illow" what 'i' he 'oF
A 3e sla%%e' m! (uttoc8s so that will not shout-
E An' after thatF
A Then he too8 off m! %ants an' %ant!-
E <hat were !ou wearing at that timeF
A ,ants-
E <hat 8in' of %ants was thatF
A *aong-
C.HRT2
E s that a long or short %antsF
A Bong-
E An' after he too8 off !our long %ants an' %ant!" what 'i' he 'oF
A 3e %lace' a %illow un'er m! (uttoc8s-
E An' what 'i' he 'o after thatF
A 3e li%%e' [sic] m! vagina an' fingere' m! vagina-
E <hat 'i' !ou 'o at that time when !our ste%father li%%e' an' fingere' !our
vaginaF
A can not move at that time-
E An' after he li%%e' an' fingere' !our vagina" what 'i' he 'oF
A 3e lai' on to% of me an' inserte' his %enis [in]to m! vagina-
E An' after he inserte' his %enis into !our vagina what ha%%ene'F
A Because of %ain shoute'-
E An' when !ou shoute' (ecause of %ain" what ha%%ene'F
A 3e remove' his %enis in m! vagina-
E An' what ha%%ene' ne;tF
A An' m! gran'mother in&uire' from him what ha%%ene' to Can'! an' he re%lie'"
>Nothing" he )ust &uarrele' with her (rother-?
E <here was !our gran'motherF
A Downstairs-
E <hat was she 'oing at that timeF
A =he finishe' alrea'! [sic] wee'ing-
C.HRT2
E Gou sai' that when !ou shoute' (ecause of %ain" the accuse' with'rew or
remove' his %enis from !our vagina" correctF
A Ges" sir-
E <h!" was his %enis a(le to enter the o%ening of !our vaginaF
A Ges" sir-
E <as it a(le to %enetrate !our vaginaF
A t was not full! inserte'-
E <as the ti% of his %enis a(le to touch the o%ening of !our vaginaF
A Ges" sir-
E <as it a(le to %enetrate the %ortion of !our vaginaF
A Ges" sir-
E A(out how man! inches was the %enetration" if an!F
A 'o not 8now-
[6]
- - -
C.HRT
E Gou are sure that 1ohn Ne&uia" the accuse' inserte' his %enis into !our vaginaF
A Ges" Gour 3onor" (ecause felt %ain when he inserte' his %enis-
E <as his %enis a(le to %enetrate into !our vaginaF
A cannot ascertain (ut onl! felt %ain-
E Gou cannot 'etermine how 'ee% was the %enetration of his %enis into !our vaginaF
A No" Gour 3onor-
E Di' !ou e;%erience whether !our vagina (le'F
A No" Gour 3onor-
E Di' it (lee' or it 'i' not (lee'F
A 'o not 8now (ecause was not a(le to see-
[0]
Although *ar! +hel testifie' that she 'i' not see the %enis of the a%%ellant
(ecause of the %illow on her face" she was sure that the a%%ellant inserte' his
%enis (ecause it was (igger than his finger2
ATTG- DE+H*A
E *a'am <itness" since !ou sai' !our e!es were covere'" how 'o !ou 8now that it
was the %enis of 1ohn Ne&uia that [was] inserte' into !our vaginaF
A Because of that fact that felt as if it is his finger (ecause his finger is smaller than
his %enis-
C.HRT
E <hich is (igger" his %enis or his fingerF
A 3is %enis" Gour 3onor-
[1/]
The trial court correctl! convicte' the a%%ellant of consummate' ra%e
un'er Article #774A" %aragra%h 1 of the Revise' ,enal Co'e" as amen'e' (!
Re%u(lic Act No- 6$9$" the Anti4Ra%e Baw-
n People v. Salinas,
[11]
we hel' that in ra%e cases" there are no half
measures or even &uarter measures" nor is their gravit! gra'uate' (! the
inches of entr!- ,artial %enile %enetration is as serious as full %enetration- n
either case" ra%e is 'eeme' consummate'- <e further sai' that in a manner
of s%ea8ing" >(om(ar'ment of the 'raw(ri'ge is invasion enough even if the
troo%s 'o not succee' in entering the castle-?
[1#]
n People v. Campuhan,
[13]
we hel' that ra%e is consummate' (! the
slightest %enetration of the female organ" i.e., touching of either labia of the
pudendum (! the %enis2
E's the labias, which are required to he touched by the penis, are by their
natural situs or location beneath the mons pubis or the va%inal surface, to touch the$
with the penis is to attain so$e de%ree of penetration beneath the surface, hence, the
conclusion that touchin% the labia majora or the labia minora of
the pudendurnconstitutes consu$$ated rape-
The pudendum or vulva is the collective ter$ for the fe$ale %enital or%ans that are
visible in the perineal area, e.g., mons pubis, labia majora, labia minora, the hy$en,
the clitoris, the va%inal orifice, etc- The mons pubis is the rounded e$inence that
beco$es hairy after puberty, and is instantly visible within the surface- The neFt layer
is the labia majora or the outer lips of the fe$ale or%an co$posed of the outer conveF
surface and the inner surface- The s&in of the outer conveF surface is covered with
hair follicles and is pi%$ented, while the inner surface is a thin s&in which does not
have any hair but has $any sebaceous %lands- 4irectly beneath the labia majora is
the labia minora. ...
*ere contact (! the male@s se; organ of the female@s se; organ
consummates ra%e-
[1D]
Threats of %h!sical harm on the victim is not an in'is%ensa(le element in
the crime of ra%e- 5or ra%e to (e consummate'" it is enough that the victim is
intimi'ate' or force' into su(mitting to the (estial lust of the
accuse'- n People v. Sagun,
[15]
we hel' that intimi'ation is a''resse' to the
min' of the victim- t is su()ective an' its %resence cannot (e teste' (! an!
har'4an'4fast rule (ut must (e viewe' in the light of the %erce%tion an'
)u'gment of the victim 'uring the commission of the crime-
[17]
The age" siIe an'
strength of the %arties shoul' (e ta8en into account in evaluating the
e;istence of the element of force or intimi'ation in the crime of ra%e-
[1:]
Though
the accuse' la!s no han' on the victim" !et if (! an! wa! of %h!sical forces"
he so over%owers her min' that she 'oes not resist" or ceases resistance
through fear of greater harm" ra%e is 'eeme' consummate'- ,h!sical
resistance nee' not (e %roven in ra%e when intimi'ation is e;ercise' u%on the
victim an' the latter is im%elle' to su(mit herself to the (estial 'esire of the
accuse'-
[16]
n this case" the a%%ellant was #6 !ears ol' an' heav! in (uilt- 3e
over%owere' the victim (! hol'ing (oth her han's an' %lacing them at her
(ac8- The a%%ellant even sla%%e' her (uttoc8s an' %ut a %illow over her face
to %revent her from shouting for hel%- The victim coul' har'l! (reathe as the
a%%ellant ravishe' her- =he felt %ain in her vagina when the a%%ellant
%enetrate' her-
The Court" however" 'oes not agree with the a%%ellant@s su(mission that
he 'i' not commit ra%e (se;ual assault)" as 'efine' an' %enaliIe' in Article
#774A" %aragra%h # of the Revise' ,enal Co'e" as amen'e' (! Re%u(lic Act
6$9$" when he inserte' his fourth finger into *ar! +he@s vagina- The
aforesai' law rea's2
'rticle 2@@#'- Rape; When and How ommitted. G (ape is co$$itted6
- - -
2H ;y any person who, under any of the circu$stances $entioned in para%raph I
hereof, shall co$$it an act of seFual assault by insertin% his penis into another
person:s $outh or anal orifice, or any instru$ent or obect, into the %enital or anal
orifice of another person-
n People v. Perez,
[19]
the wor' >instrument or o()ect? was construe' to
inclu'e a human finger- The Court reiterate' its ruling in People v.
Soriano
[20]
an' People v. Bun.
[21]
The Anti4Ra%e Baw transforme' an'
reclassifie' ra%e as a felon! against %ersons" un'er Title Eight" Cha%ter Two"
Boo8 of the same Co'e-
[##]
The criminaliIation of the %enetration of a
%erson@s se; organ or anal orifice an' the insertion of a %erson@s %enis into the
mouth or anal orifice of another" whether man or woman" an' the classification
thereof as ra%e (se;ual assault) were 'esigne' to %revent not onl! the
%h!sical in)uries inflicte' on the victim (ut also his su()ection to %ersonal
in'ignit! an' 'egra'ation an' affront to the %s!chological integrit! associate'
with an unwante' violation-
[#$]
An unconsente' intrusion (! whatever o()ect or
instrumentalit! chosen (! the %er%etrator" whether animate or inanimate" is
%rohi(ite' (! the law-
[#D]
The fact that onl! 'igital %enetration occurre' 'i' not
lessen the victim@s fear an' humiliation or the violation of her (o'il! integrit!-
[#9]
The %u(lic %rosecutor shoul' thus have file' two se%arate nformations
against the a%%ellant" one for ra%e un'er Article #774A" %aragra%h 1 for the
insertion (! him of his %enis into the vagina of the victim" an' ra%e (se;ual
assault) un'er Article #774A" %aragra%h # of the law for inserting his finger into
the victim@s vagina- 3owever" onl! one information was file' against the
a%%ellant" for ra%e un'er Article #774A" %aragra%h 1 of the Co'e- The
a%%ellant cannot thus (e convicte' of ra%e (se;ual assault) un'er Article #774
A" %aragra%h #" since he was not charge' with the sai' crime-
There is no 'iscor'ance (etween *ar! +hel@s affi'avit" which was
a%%en'e' to the criminal com%laint for ra%e" an' her testimon!- n her
affi'avit" *ar! +hel state' that the a%%ellant ha' intercourse with her2
That after a few $inutes, $y stepfather John /eBuia ca$e and he hold !sic" $y
hands, covered $y $outh with a pillow and slapped $y hip in order not to shout and
he i$$ediately too& off $y underwear, he put pillow $y !sic" hips, &issed, suc&ed
and fin%er !sic" $y va%ina and have intercourse with $e but did not consu$I$Jate
because !sic" I shouted for !sic" the pain of $y va%ina-
[#7]
The cre'i(ilit! of *ar! +hel an' the %ro(ative weight of her testimon! are
not im%aire' (! the 'eficienc! in the accusator! %ortion of the criminal
com%laint file' (! .ton Chief of ,olice Bersamin" nor the latter@s failure to
testif! for the %rosecution" or the fact that *ar! +hel 'i' not sign the criminal
com%laint- Besi'es" the criminal com%laint was never a''uce' in evi'ence (!
the %rosecution-
There is no evi'ence on recor' that *ar! +hel an' 3elena were alwa!s
smiling an' in a ha%%! moo' 'uring the trial- .n the contrar!" the recor's
show that when *ar! +hel testifie'" she crie'2
REDRECT EJA*NAT.N
BG ,R.=ECHT.R CABABH*
E- *a'am <itness" how were !ou a(le to shout when !ou sai' (efore that the %illow
was covering !our mouth an' !our e!esF
A- was a(le to shout when he was no longer l!ing on to% of me-
E- An' !ou were a(le to remove the %illow covering !our e!es an' mouthF
A- Ges" *a@[a]m-
E- *a'am <itness" wh! 'i' !ou not tell !our Bola Bin'a whom !ou first met after the
inci'entF
A- have not tol' an!(o'! a(out it- )ust continue' to lie an' was afrai' at the time-
C.HRT2
E- <h! are !ou afrai'F
A- was )ust afrai'" Gour 3onor-
E- Gou are afrai' of whomF
A- 1ohn Ne&uia-
E- <h! are !ou afrai' of 1ohn Ne&uiaF
A- Because if will reveal he might 8ill us-
ATTG- DE+H*A
Gour 3onor" move to stri8e out the statement >(asi %amat!on 8o sila?- t is a
%resum%tion" Gour 3onor-
C.HRT
E- <h!" are !ou afrai' that 1ohn Ne&uia will 8ill !our %arents if !ou will re%ort the
inci'ent to themF
A- Because love them" Gour 3onor-
E- But 1ohn Ne&uia warne' !ou not to re%ort to !our %arentsF
A- No" Gour 3onor" (ecause m! gran'mother imme'iatel! went u%-
E- <hat mean" 1ohn Ne&uia 'i' not tell !ou not to re%ort what he 'i' to !ou to !our
%arentsF
A- No" Gour 3onor-
C.HRT
,rocee'-
,R.=ECHT.R2
woul' li8e to %ut on recor' that the victim is cr!ing-
C.HRT
Note' alrea'!-
,R.=ECHT.R
That will (e enough-
[#:]
The testimon! of *ar! +hel is not im%aire' (! the evi'ence that
the a%%ellant ra%e' her while 1ohn +il was slee%ing (esi'e her- Ra%e can (e
committe' in the same room where other mem(ers of the famil! are also
slee%ing-
[#6]
The a%%ellant@s attac8 on 3elena@s cre'i(ilit! as a witness an' the veracit!
of her testimon! is futile- 3elena@s account of the events is merel!
corro(orative of *ar! +hel@s testimon!- Case law has it that it is %erfectl!
acce%ta(le to anchor a )u'gment of conviction for ra%e (ase' solel! on the
uncorro(orate' testimon! of the victim when the testimon! per se is cre'i(le"
natural" convincing an' free from serious contra'iction" an' her sincerit! an'
can'or" free from sus%icion-
[#0]
n this case" the trial court foun' the testimon! of
*ar! +hel s%ontaneous" sincere an' entitle' to full %ro(ative weight2
1hereas, co$plainant Mary *hel *uanco declared that she was raped by her
stepfather and herein accused John /eBuia, the said accused, relyin% on si$ple denial
and alibi and further attributin% ill#$otive on the part of !elena P- /eBuia, stron%ly
denies havin% raped co$plainant Mary *hel *uanco- That co$plainant Mary *hel
was only 13 y