People v.

Antonio Basallo y Asprec

G.R. No. 182457; January 30, 2013; Leonardo-De Castro, J.
SUMMARY:
Oct. 25, 1995: Antonio Basallo was charged before the La Union RTC of raping ABC. Despite
the issuance of a warrant of arrest, it was returned unserved as he could no longer be found
at his given address and he appeared to have gone into hiding. He was eventually arrested
in Aug. 1998. ABC testified that Basallo employed her as a helper since she was 12, and she
worked for them for 3 years. They were neighbors and she called him "uncle, but they are
not related. On May 8, 1995, his wife was at the office. While the children were sleeping at
the first floor of the house, he told ABC to take his shirt at the second floor. She went inside
the first room and took the shirt at the back of the door panel. After she entered the room,
Basallo followed her and laid on top of her. He removed her clothes, and ABC could not move
because he was holding a knife. He then inserted his penis into her private part,
simultaneously kissing her and holding a knife. ABC was told not to report him because he
would kill her. After this, he left and told her to take care of the children. She stayed at the
Basallo house for another week. Later on, her mother discovered ABC was pregnant. She
told her mother that she was raped by Basallo when her mother discovered her pregnancy.
Her mother brought her to the hospital where she was told that she was 4 months pregnant,
despite never having any sexual experience before the incident. She also testified that
Basallos house is made of concrete, and shouting would not be heard, and that she did not
ask help from neighbors because nobody was around. She still returned the next day
because she was afraid of Basallo and pitied the children because nobody would take care of
them.
Basallo denied the charge, alleging that on May 8, he was appointed as a poll watcher at
Brgy. Capas, which is 8-10 km away. Before proceeding there, he dropped by the house of Dr.
Eriguel. Then he went with his brother-in-law Tirso Fangonil to cast their vote in Brgy. San
Julian. He reached Capas around 9:10 am, where he stayed the whole night. During the
election period, he asked his wife and children to stay with his sister-in-law, Carol Fangonil.
He would only come home to take a bath and change clothes. Tirso Fangonil, Rodolfo Dularte
and Patricia Basallo (wife) corroborated his testimony with their own. RTC: Basallo guilty.CA:
denied Basallos appeal. In his appeal to the SC, Basallo claims the prosecution failed to
establish his guilt beyond reasonable doubt, emphasizing (a) the absence of overt and
determined resistance by ABC; (b) the absence of attempts to escape despite various
opportunities; and (c) ABCs conduct after the alleged incident which was glaringly
contradictory with that of a rape victim. SC: affirmed his conviction, increased exemplary
damages.
DOCTRINE:
In rape cases, the accused may be convicted solely on the basis of the testimony of the
victim that is credible, convincing, and consistent with human nature and the normal course
of things. Based on ABCs narrative, carnal knowledge and force or intimidation were
present. Basallo succeeding in having non-consensual sexual intercourse with ABC through
intimidation using a knife constitutes rape. Basallo pointed out that, if the incident did occur,
the encounter was consensual. However, failure to shout for help and lack of resistance
especially when intimidated by the offender into submission does not signify voluntariness
or consent. The failure to shout, fight back, or escape is not tantamount to consent. The law
imposes no obligation to exhibit defiance or to present proof of struggle.
Delay in reporting rape does not necessarily cast doubt on credibility, if satisfactorily
explained. ABCs fear of harm and her shame reasonably explained silence. Having
established that fear pushed ABC to keep silent, it can be inferred that it is that same fear
which forced her to return to work. Human reactions vary facing a shocking experience such
as sexual assault. Not all rape victims can be expected to act to the usual expectations of

everyone. Defense and alibi are negative self-serving defenses, and cannot prevail over the
victims affirmative allegations. There is less probative weight to an alibi when it is
corroborated by friends and relatives. Lastly, Basallo went into hiding immediately after the
issuance of an arrest warrant and evaded arrest for over 2 years. Flight is competent
evidence to indicate guilt, when unexplained. Basallo also filed a Motion for the issuance of
an order to direct ABC, her son, and Basallo himself to undergo DNA testing before the NBI
to determine if he is the father. The motion was granted. The defense counsel claimed their
motion was denied but the trial court stated no such denial can be found in court records.
The SC found it perplexing that Basallo did not continue, as DNA testing would conclusively
prove that he is not the father of ABCs son who is alleged to be the fruit of his crime.