People vs Suba : 119350-51 : November 29, 1999 : J. Kapunan : First Division

FIRST DIVISION

[G.R. Nos. 119350-51. November 29, 1999]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MAURO SUBA y MUSNGI, accused-appellant.

D E C I S I O N

KAPUNAN, J.:

Herein accused-appellant Mauro M. Suba was charged with two counts of rape before the Regional Trial Court, Branch 43, Third Judicial Region, San Fernando, Pampanga and docketed as Criminal Case Nos. 7025 and 7026, the informations read as follows:

Criminal Case No. 7025

That on or about the 24^th day of January 1993, in Barangay Lourdes, Municipality of Candaba, Province of Pampanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, MAURO SUBA y MUSNGI with lewd design, by means of force and intimidation, by then and there pointing a fanknife at Annabelle R. Gavino, did then and there wilfully, unlawfully, feloniously and maliciously have carnal knowledge with the said Annabelle R. Gavino without the latter’s consent and against her will.

Contrary to law.[1] Criminal Case No. 7026

That on or about the 9^th day of November 1992, in Barangay Lourdes, Municipality of Candaba, Province of Pampanga, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, MAURO SUBA y MUSNGI, with lewd design, by means of force and intimidation, by then and there pointing a fanknife at Annabelle R. Gavino, did then and there wilfully, unlawfully, feloniously and maliciously have carnal knowledge with the said Annabelle R. Gavino against the latter’s will and without her consent.

Contrary to law.[2]

Upon arraignment, accused-appellant pleaded “not guilty” to both charges.[3] Trial ensued, and, thereafter, the court a quo rendered its decision on January 23, 1995, finding the accused-appellant guilty as charged and sentencing him as follows:

WHEREFORE, the Court finds accused Mauro Suba y Musngi guilty beyond reasonable doubt of the crime of rape in two (2) instances: That one committed on November 9, 1992 and the other on January 24, 1993, and hereby sentences him to suffer the penalty of reclusion perpetua in each case and to indemnify the private complainant in the amount of P120,000.00 in both cases and to pay the costs of suit.

The Provincial Warden is hereby ordered to commit the accused to the National Penitentiary within ten (10) days from the promulgation of this Decision and thereafter to make his report unto this Court regarding the said commitment.

SO ORDERED.[4]

The facts as established by the prosecution follows.

Between 9:00 and 10:00 a.m. on November 9, 1992, private complainant Annabelle R. Gavino (hereinafter “Annabelle”), then fourteen (14) years old, was busy cleaning their house in Barangay Lourdes, Candaba, Pampanga. She heard someone calling from downstairs. It was accused-appellant, a cousin of her father, who asked to borrow matches. Annabelle answered that she did not have any. She thought that accused-appellant had left. To her surprise, he had gone upstairs. Without a word, he approached her and poked a balisong (fanknife) at her neck.[5]

With the knife menacingly pointed at Annabelle’s neck, appellant proceeded to undress her. She started to cry.[6] After undressing her, accused-appellant pushed her down to the floor. As she lay on her back, appellant went on top of her and had sexual intercourse with her. All the while the fanknife was pointed at her neck. After violating Annabelle, accused-appellant left with the threat that if she reported the incident to anyone he would kill her family.[7]

A similar incident occurred on January 24, 1993. At mid-morning, appellant called Annabelle from downstairs and asked this time if he could borrow a tambayok (a straight flattened bamboo used on the shoulders to carry two loads on both ends). She told him that she had none and again she thought that he left thereafter. But, he went upstairs and threatened her with a balisong pointed at her neck. Appellant asked Annabelle if she reported what had happened before to anyone to which she answered in the negative.[8]

Accused-appellant again proceeded to rape Annabelle poking his knife at her neck the whole time.[9] In the middle of it all, Annabelle’s older brother, Arnold arrived and saw his sister being ravaged by accused-appellant. Alarmed at Arnold’s arrival, accused-appellant quickly put on his short pants and ran away. Arnold consoled his sister who was crying. He reported what had happened to his parents as well as the parents of the accused-appellant.[10] That same day, the Gavino family reported the incident to the barangay authorities.[11]

The next day, January 25, 1993, Annabelle was brought to Lingad Hospital, where Dr. Marissa P. Morales examined her. Said examination yielded the following results:

x x x

LABIA MAJORA: