PEOPLE v GODOY

December 6, 1995 | Regalado, J. | SC Automatic Review | Compromises

Plaintiff-appellee: PEOPLE OF THE PHILIPPINES
Accused-appellant: DANNY GODOY
SUMMARY: Godoy was convicted of raping and kidnapping hs 17-year-old student Mia. She was raped in her cousins boarding
house and locked in a hotel room for several days. Godoy claimed they were secret lovers. Mias family reported the matter to the
police and Godoys mother gave them P30,000 as settlement, which they accepted. However, they claimed this was an admission of
guilt. The SC reversed RTC and acquitted Godoy. The offer to compromise cannot be considered an admission of guilt because he
did not know, not until the trial proper, that his mother actually paid P30k for the settlement of the cases. It has been held that where
the accused was not present at the time the offer for monetary consideration was made, such offer of compromise would not save
the day for the prosecution. Also, the evidence for the defense overwhelmingly proves his innocence of the offense charged. What
actually transpired was an elopement or a lovers' tryst.
DOCTRINE: In criminal cases, an offer of compromise is generally admissible as evidence against the party making it. It is a legal
maxim, which assuredly constitutes one of the bases of the right to penalize, that in the matter of public crimes which directly affect
the public interest, no compromise whatever may be entered into as regards the penal action. It has long been held, however, that in
such cases the accused is permitted to show that the offer was not made under a consciousness of guilt, but merely to avoid the
inconvenience of imprisonment or for some other reason which would justify a claim by the accused that the offer to compromise
was not in truth an admission of his guilt or an attempt to avoid the legal consequences which would ordinarily ensue therefrom.
FACTS:
MIA'S VERSION: her Physics teacher Danny Godoy
allegedly raped and kidnapped her

Mia, 17, went to her cousin's boarding house near her

school Palawan National HS. The house was dark and
nobody was home. After entering from the kitchen,
somebody suddenly grabbed her, poked a knife to her
neck, dragged her by the hand and told her not to shout.
She was then forced to lie down on the floor.

Although it was dark, she was able to recognize her

assailant, by the light coming from the moon and
through his voice

Godoy removed her panty with one hand while

holding the knife with the other hand, opened the zipper
of his pants, and then inserted his private organ inside
her private parts. She felt pain because it was her first
experience and she cried. He had a knife to her throat
the whole time and threatened to kill her and her family
if she told anyone.

After the assault, she put her panty back on, Godoy
walked her to the gate, and they parted ways

The next day, Godoy kidnapped her and locked her up in a

hotel room (Sunset Garden) and in his friend's house. The
alleged abduction lasted from Jan 22- Jan 27 '94

He went to Mia's house and asked her parents for

permission to let her accompany him in soliciting funds

because she was a candidate in Miss PNS Pulot

He threatened to kill her if she didnt agree to ride the

jeep to Sunset Garden. She was locked in a room and
raped repeatedly for 3 days.

She was then brought to the house of Godoy's friend

Fernando Rubio at Edward's Subdivision, where she
was again raped 3 times

2 days later, Godoy discovered that Mia was reported

as a missing person to the police. On the same day,
Mia was released, but only after her parents agreed
to settle the case. Godoy's mother gave them
P30,000. THEY CLAIM THIS IS AN ADMISSION
OF GUILT.

They subsequently executed an affidavit of desistance

in the prosecutor's office.

As a result of the events, Mia was not allowed to

graduate

Her father died 2 months after, supposedly because of

what happened

Mia was brought to the District Hospital for examination

where she was found to have lacerations in her hymenal
opening, indicating she had sexual intercourse. However, the
doctor could not say there was force applied because there
were no scratches or bruises.

GODOY'S DEFENSE: They were secret lovers

Godoy claims he did not court Mia, but he fell in love

with her because she often told him, "Sir, I love you,"
which started as a joke, but became a serious secret
relationship
Dec 20, 1993: They first had sex. Mia went to his
quarters in Narra Pilot Elementary School where he was
the chess coach, and decided to spend the night
Jan 21: Mia asked Godoy to meet her at her cousin's
boarding house to help with her monologue for Miss
PNS contest. When he got there, the house was dark
and they sat on the bench near the road for 15 mins.
After which, Mia returned to her boarding house across
the street.

Godoy claims Mia was the one who wanted to stay at

Sunset Garden, even threatening to kill herself should he
leave her. He admitted having sex with her, but only once

Godoy met with Mia's mother to ask permission so

they could solicit funds. Mia was carrying a plastic bag,
which she claimed contained things for her cousin (later
on revealed to be her clothes)

They solicited funds until 630 PM then had snacks

Mia suggested they stay at the Sunset Garden

because it was already late and there was no longer any
transportation. Godoy agreed after Mia repeatedly told
him she would commit suicide should he leave her.

Mia arranged their registration and paid the P400 bill

from the funds they solicited

At 9pm, Godoy told Mia he was going to see a

certain Bert, but he actually borrowed a motorcycle
from Fernando Rubio and went home. He did not bring
Mia along because she refused to go home

The following morning, Godoy informed Mia's

parents that she stayed at the hotel and they said they
would fetch her. Godoy went back to sunset Garden and
waited for them until 5pm

When he did not arrive, he decided to have drinks

with Isagani Virey. They went to Mia's room, which
was locked from the inside. They had to knock for her
to open it.

Godoy asked Virey to accompany him to the house of

police officer Romy Vallan to report that he could not
avoid Mia because of her threat to commit suicide.

Vallan found that there was no complaint filed yet, and

he told the couple to consult Naem, an imam/Muslim
leader.

Naem suggested that Godoy marry Mia in Mislim

rites, but Godoy refused because he was already
married

It was eventually agreed that Naem would just

mediate in behalf of appellant and make
arrangements for a settlement with Mia's parents.
Later that day, Naem went to see Mia's parents at
their house

Because Mia could no longer afford hotel bills, they

transferred to Fernando Rubio's house where they stayed for 2
days. Here, Naem informed them that Mia's parents were
willing to talk to Godoy. He was invited to the police
station. He was not able to talk to Mia's parents and he
was detained after they lodged a complaint for rape and
kidnapping.

Godoy was detained in the provincial jail

While in detention, Mia's cousin delivered 2 letters

(annexed) from Mia stating that her period was delayed
and her parents were giving her a hard time. She
apologized for not being able to help him.

Godoy was told by his mother that Mia's parents

executed an affidavit of desistance. He claims that he
never knew and it was never mentioned to him, not
until the day he testified in court, that his mother
paid P30,000.00 to Mia's father because, although he
did not dissuade them, neither did he request his
mother to talk to Mia's parents in order to settle the
case. Because of this, his cousel told him he need not
submit a counter-affidavit. He also signed a waiver of
right to preliminary investigation

Mia told him her father would kill her if she did not
testify against him, although by the time she did testify,
her father had already died

Detained since Jan 27, but the warrant of arrest was

only issued Jan 28.

The defense also presented testimonies proving their secret

relationship, but Mia rejected them as false. She also denied
that she sent Godoy love letters. However, she identified her
signature on her test paper, which is exactly the same as what
appeared on the letters.

already married.

3.

Godoy was found guilty beyond reasonable doubt of the

crimes of rape and kidnapping with serious illegal detention,
and sentencing him to the maximum penalty of death in both
cases. Case was forwarded to SC for automatic review.

RELEVANT ISSUE:

On top of these, Godoy did not know, not until the trial
proper, that his mother actually paid P30,000.00 for
the settlement of these cases. It has been held that
where the accused was not present at the time the offer
for monetary consideration was made, such offer of
compromise would not save the day for the
prosecution.

Mia's own mother, testified that present during the

negotiations were herself, her husband, Mia, and
appellant's mother. Appellant himself was never present
in any of said meetings.

W/N trial court erred in concluding that there was implied

admission of guilt on the part of Godoy in view of the offer to
compromise -- YES

RATIO: There was no implied admission.

1.

GENERALLY, AN OFFER TO COMPROMISE IN A

CRIM CASE IS ADMISSIBLE AS EVIDENCE
AGAINST THE PARTY MAKING IT. It is a legal
maxim, which assuredly constitutes one of the bases of
the right to penalize, that in the matter of public crimes
which directly affect the public interest, no compromise
whatever may be entered into as regards the penal action.

In another case, this Court ruled that no implied

admission can be drawn from the efforts to arrive at a
settlement outside the court, where the accused did not
take part in any of the negotiations and the effort to
settle the case was in accordance with the established
tribal customs, that is, Muslim practices and traditions,
in an effort to prevent further deterioration of the
relations between the parties.

ADDITIONAL ISSUES:
HOWEVER, THE ACCUSED IS PERMITTED TO
SHOW THAT THE OFFER WAS NOT MADE
UNDER A CONSCIOUSNESS OF GUILT, BUT
MERELY TO AVOID THE INCONVENIENCE OF
IMPRISONMENT or FOR SOME OTHER REASON
WHICH WOULD JUSTIFY A CLAIM BY THE
ACCUSED THAT THE OFFER TO COMPROMISE
WAS NOT AN ADMISSION OF HIS GUILT OR
ATTTEMPT TO AVOID THE LEGAL
CONSEQUENCES WHICH WOULD ORDINARILY
ENSUE THEREFROM

2.

In this case, a primary consideration is that the evidence

for the defense overwhelmingly proves his innocence
of the offense charged.

The supposed offer of marriage did not come from

him but was actually suggested by a certain Naem, who
likewise informed appellant that he could be converted
into a Muslim so he could marry complainant.

As a matter of fact, when said offer was first made to

appellant, he declined because of the fact that he was

Re rape and kidnapping: GODOY WAS ACQUITTED

because his testimony was well corroborated by his
friends, in contrast to Mia's inconsistent testimony. Mia's
letters were also proof of their secret relationship. The
rape charge was merely an offshoot of the discovery by her
parents of the intimate relationship between her and
Godoy. In order to avoid retribution from her parents,
together with the moral pressure exerted upon her by her
mother, she was forced to concoct her account of the
alleged rape. What actually transpired was an elopement
or a lovers' tryst, immoral though it may be.

1.

The prosecution failed to prove beyond reasonable

doubt that Godoy had sex with Mia against her will

Mia claims Godoy was already waiting for her in the

boarding house, planning to rape her. But it is
perplexing how he could have known she was going to
the boarding house at that time, considering she doesnt
even live there

The place where the alleged crime was committed is

not an ordinary residence but a boarding house where

several persons live and where people are expected to
come and go. The prosecution did not even bother to
elucidate on whether it was the semestral break or that
the boarding house had remained closed for some time,
in order that it could be safely assumed that nobody was
expected to arrive at any given time

That Godoy walked her to the gate after she was

raped is inconceivable. It is not in accord with human
experience for appellant to have let himself be seen
with the complainant immediately after he had
allegedly raped her

hands on the bench outside the boarding house

Element of force was not established. The findings of

the doctor were mediocre and do not establish rape.
The finding that there were no evident signs of extragenital injuries tends to show absence of struggle

She previously talked Mia out of the relationship, but

to no avail.

She identified Mia's handwriting on love letters

presented as evidence, claiming she was familiar with
it, being her former teacher

He asked Mia what they were doing in Sunset Garden

and she said it was of her own free will, but her father
could not know because he would kill her

He claims the couple looked very happy

Fernando Rubio, Godoy's acquaintance (see above)

She was not threatened to leave her parent's house.

Godoy even respectfully asked permission from her
parents. Complainant's enigmatic behavior after her
alleged ravishment can only be described as
paradoxical: it was so strangely normal as to be
abnormal.

Godoy's testimony re their secret relationship was

substantially corroborated by:
Erna Baradero, teacher at PNS

Mia was not crying, nor did it appear that Godoy was
pleading with her

Isagani Virey, Godoy's friend

Complainant mentioned in her narration that right

after the incident she went directly to her boarding
house where she saw her landlady. Yet, the landlady
was never presented as a witness to corroborate the
story of complainant

Rubio claimed they were very happy, they were

intimate and sweet to each other, they always ate
together, and it was very obvious that they were
having a relationship

While at his house, Mia was free to come and go as

she pleased. She would buy food at the market, her
room was never locked because the lock was
destroyed. Mia told him she really loved Godoy. She
calls him Papa

Several police officers lived in the area, she could

have easily reported that she was kidnapped

2.

On the evening of Jan 20, 1994, she heard Mia tell

Godoy: "Mahal na mahal kita, Sir, iwanan mo ang
iyong asawa at tatakas tayo." She saw them holding
hands and they could not explain to her what they
were doing.

Mia admitted she was having an affair with Godoy

and even told her told her "Ano ang pakialam mo,"
adding that she loves appellant very much. She then
informed Godoy's wife Fruit (yes, Fruit!) about it

Fruit requested Erna to execute an affidavit regarding

the rape/kidnapping case, but it was not submitted
because of the affidavit of desistance from Mia's
parents.

Filomena Pielago, Mia's former teacher

Jan 21: She saw Mia and Godoy talking and holding

Armado Pasion, Palawan Provincial Jail guard

3.

Volunteered to testify that Mia's cousin visited Godoy

and gave him a letter

Mia's statements were inconsistent and the apparent

ease with which she changed or adjusted her answers
in order to cover up or realign the same with her prior
inconsistent statements is readily apparent from her
testimony. From her deportment, it does not appear
that the alleged threat made by appellant had instilled
any fear in the mind of complainant. Such a
nonchalant, unconcerned attitude is totally at odds
with the demeanor that would naturally be expected of
a person who had just suffered the ultimate invasion of
her womanhood.

She claims she was raped 3 times, but Godoy was

only charged with one count of rape

Mia never explained how she was threatened with the

knife in such a manner that she was always cowed into

having sex. SC says this is "appears to be a common
testimonial expedient and face-saving subterfuge"

She claimed Godoy never slept, but she also said he

would be in bed beside her whenever she'd wake up

She alleged she could not go out of the room because

it was locked, but the door could actually be locked
from the inside

In Sunset Garden, she did not ask for help or attempt

to free herself despite interacting with the cashier and
room boy. If indeed she was bent on fleeing, she could
have grabbed every possible opportunity to escape.
Inexplicably, she did not.

When they left the house together and walked in

going to the highway. In her own testimony, she stated
that appellant went ahead of her. It is highly
improbable, if appellant really had evil motives, that he
would be that careless.

their neighbors witnessing their departure. It is difficult

to comprehend how one could deduce from these
normal and innocuous arrangement any felonious intent
of appellant to deprive complainant of her liberty

Mia declared that when they left her house, she was
bringing with her a plastic bag which later turned out to
contain her clothes. We cannot conceive of a ridiculous
situation where the kidnap victim was first allowed to
prepare and pack her clothes, as if she was merely
leaving for a pleasant sojourn with the criminal, all
these with the knowledge and consent of her parents
who passively looked on without comment

When asked about the kind of lock on the door, she

pointed to the doorknob in the courtroom, which could
be opened from the inside. She admitted that the two
locks in the room at Sunset Garden could also be
opened from the inside in the same manner

The allegation of Helen Taha that she made a report

to the police about her missing daughter was not
supported by any corroborative evidence, such as the
police blotter, nor was the police officer to whom she
allegedly reported the incident ever identified or
presented in court.

That Mia was dropped from school and not allowed

to graduate is absurd. Rather than support and
commiserate with the ill-fated victim of rape, it would
appear that the school authorities were heartless people
who turned their backs on her and considered her an
outcast. But her parents never complained about this
apparent injustice. Such complacency cannot but make
one think and conclude that there must necessarily have
been a valid justification for the drastic action taken by
the school and the docile submission thereto by the
Taha family.

LETTERS:
27 Feb. 94

4.

5.

Re Letters: They were most probably written out of

desperation and exasperation with the way she was
being treated by her parents, complainant threw all
caution to the winds when she wrote: "Oo, aaminin ko
nagkasala ako sa iyo, pinabilanggo kita dahil nagpanig
ako sa mga magulang ko nadala nila ako sa sulsul nila,
hindi ko naipaglaban ang dapat kong ipaglaban,"

It is basic that for kidnapping to exist, there must be

indubitable proof that the actual intent of the
malefactor was to deprive the offended party of her
liberty. In the present charge for that crime, such
intent has not at all been established by the
prosecution.
In Mia's own words, Godoy courteously asked her

parents to permit her to help him solicit contributions

for her candidacy. When they left the house, appellant
walked ahead of her, obviously with her parents and

Dane,
Kumusta kana? Kong ako hito hindi na makatiis sa sakit.
Sir, sumulat ako sa inyo dahil gusto kong malaman mo ang situation ko. Sir,
kong mahal mo ako gagawa kang paraan na mailayo ako dito sa bahay.
nalaman ng nanay at tatay ko na delayed ang mens ko ng one week.
pinapainom nila ako ng pampalaglag pero ayaw ko. pagnalaman nila na hindi
ko ininom ang gamot sinasaktan nila ako.
Sir, kong maari ay huwag ng maabutan ng Martes. dahil naabutan nila akong
maglayas sana ako. kaya ngayon hindi ako makalabas ng bahay kong wala
akong kasama, kong gaano sila kahigpit noon doble pa ngayon. ang mga
gamit ko ngayon ay wala sa lalagyan ko. tinago nila hindi ko makita, ang
narito lang ay ang bihisan kong luma. Sir kong manghiram ka kaya ng motor
na gagamitin sa pagkuha sa akin. Sa lunes ng gabi manonood kami Ng Veta
eksakto alas 9:00 ay dapat dito ka sa lugar na may Veta. tanungin mo lang kay
Lorna kong saan ang Veta nila Navoor Lozot. Mag busina ka lang ng tatlo
bilang senyas na lalabas na ako at huwag kang tatapat ng bahay dahil nandoon
ang kuya ko. kong ano ang disisyon mo maari bang magsulat ka at ipahatid
kay Lorna.
alang-alang sa bata. Baka makainon ako ng gamot dahil baka pagkain ko
hahaluan nila.

Please sir . . .
(Sgd.) Mia Taha 70
_______________________________________________________________
3/1/94
Dane,
I'm sorry kong problem ang ipinadala o sinulat sa iyo sa halip sa kasiyahan. oo
nag usap na tayo nagawa ko lang naman ang sumulat sa iyo dahil naiinis na
ako sa pagmumukha ng mga magulang kong suwapang. Ang paglayas ko sana
ay dahil sa narinig ko. Sir narinig ko na magreklamo si nanay kay Arquero
yong superentende sa Palawan high tapos ang sabi ay magreklamo itong si
Arquero sa DECS para matanggal ka sa pagtuturo yan ang dahilan kong bakit
naisipan kong lumayas ng wala sa oras at wala akong tensyon na masama
laban so iyo. hindi ko sinabi sa kanila na delayed ako ay sinabi sa iyo ni Eden
na sa harap niya mismo binigyan ako ng gamot samantalang noong Sabado ng
gabi lang nalaman dahil gusto kong masuka. Oo aaminin ko nagkasala ako sa
iyo, pinabilanggo kita dahil nagpanig ako sa mga magulang ko nadala nila ako
sa sulsul nila. hindi ko naipaglaban ang dapat kong ipaglaban ngunit kong

iniisip mong minahal lang kita dahil sa may kailangan lang ako sa iyo
nagkakamali ka. alam ng Diyos na hindi ganon ang hangarin ko sa iyo. higit
pa sa binilanggo ang kalagayan ko kong alam mo. kinukunsinsiya, nagtitiis na
saktan at pagsasakripisyo ng damdamin ko na gusto kang makita at yakapin ka
pero ano ang magagawa ko kong ang paglabas ko ng bahay ay hindi ako
makalabas ng mag isa may guardiya pa. tanungin mo si Lorna kong ano
ginagawa nilang pagbantay sa akin para akong puganti. hindi ito ayon sa
kagustuhan ng mga magulang ko sarili kong plano ito. Magtitiis pa ba akong
hindi makakain maghapon tubig lang ang laman ng tiyan, kong may masama
akong hangarin sa iyo.
Oo, magtiis ako para maipakita kong mahal rin kita. March 2 darating ako sa
bahay na sinasabi mo. hindi ko matiyak kong anong oras dahil kukuha pa ako
ng tiyempo na wala rito ang tatay ko. Alam mo bang pati ang kapatid kong si
Rowena ay inuutusan akong lumayas dahil naawa no siya sa situation ko. siya
lang ang kakampi ko rito sa bahay malaki ang pag-asa kong makalabas ako ng
bahay sa tulong niya.
Love you, (Sgd.) Mia Taha