SECOND DIVISION
[G.R. Nos. 116009-10. February 29,
2000]
PEOPLE OF THE
PHILIPPINES, plaintiff-appellee, vs. RODERICK LORIEGA and GARY AREVALO, accused-appellants.
D E C I S I O N
QUISUMBING, J.:
This is an appeal from the decision
promulgated on June 6, 1994, by the Regional Trial Court of Legazpi City,
Branch 5, in Criminal Case Nos. 5987 and 5988 finding appellants Roderick
Loriega and Gary Arevalo guilty of two counts of rape as defined under paragraph
(2) of Article 335 of the Revised Penal Code. Supremex
Prosecutor German Mata charged appellants
with the crime of rape in two separate informations, both dated November 27,
1992. The accusatory portion of one information docketed as Criminal Case No.
5987 states:
"The
undersigned Prosecutor II of Albay, upon the sworn complaint of Angielyn Marco,
hereby accuses RODERICK LORIEGA and GARY AREVALO, of the crime of RAPE,
committed as follows:
‘That on or about
March 1, 1992 in the evening at San Roque, Daraga, Albay, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused
RODERICK LORIEGA, with the indispensable cooperation of his co-accused GARY
AREVALO, who was holding the hands of the victim, both accused, conspiring,
confederating and helping one another for a common purpose, with lewd design,
did then and there willfully, unlawfully and feloniously have carnal knowledge
of Angielyn Marco y Aquino, 15 years old, and a deaf/mute, with the use of
force and against her will, to the latter's damage and prejudice.’
ACTS CONTRARY TO
LAW."[1]
The other information, docketed as Criminal
Case No. 5988, reads:
"The
undersigned Prosecutor II of Albay, upon the sworn complaint of Angielyn Marco,
hereby accuses RODERICK LORIEGA and GARY AREVALO, of the crime of RAPE,
committed as follows: Court
‘That on or about
March 1, 1992 in the evening at San Roque, Daraga, Albay, Philippines, and
within the jurisdiction of this Honorable Court, the above-named accused GARY
AREVALO, with the indispensable cooperation of his co-accused RODERICK LORIEGA,
who was holding the hands of the victim, both accused, conspiring,
confederating and helping one another for a common purpose, with lewd design,
did then and there willfully, unlawfully and feloniously have carnal knowledge
of Angielyn Marco y Aquino, 15 years old, and a deaf/mute, with the use of
force and against her will, to the latter's damage and prejudice.’
ACTS CONTRARY TO
LAW."[2]
On motion of the public prosecutor, the two
cases were tried jointly as both arose out the same incident and involved the
same accused with the same victim.[3] Upon arraignment, appellants, assisted by counsel,
entered a plea of "not guilty" to both charges.[4] Thereafter, trial on the merits ensued.
Subsequently, the trial court rendered its verdict finding appellants guilty as
charged. The dispositive portion of its decision reads:
"WHEREFORE,
... decision is hereby rendered as follows:
In Criminal Case
No. 5987, both accused Roderick Loriega and Gary Arevalo are hereby found
GUILTY beyond reasonable doubt of the crime of RAPE as this is defined and
penalized under Article 335 of the Revised Penal Code and hereby sentences EACH
OF THE SAID ACCUSED to suffer the penalty of imprisonment of RECLUSION PERPETUA
with all the accessory penalties provided by law.
In Criminal Case
No. 5988, both accused Roderick Loriega and Gary Arevalo are hereby found
GUILTY beyond reasonable doubt of the crime of RAPE as defined and penalized
under Article 335 of the Revised Penal Code and hereby sentences EACH OF THE
SAID ACCUSED to suffer the penalty of imprisonment of RECLUSION PERPETUA with
all the accessory penalties provided by law.
Both accused are
hereby ordered to pay P50,000.00 jointly and severally as damages to the
complainant Angielyn Marco and to pay the costs.
SO ORDERED."[5]
The pertinent facts of this case, as found
by the trial court, are as follows: Jlexj
"The offended
party and complainant, Angielyn Marco is a fifteen (15) year old deaf mute
girl. She lives with her parents at San Roque, Daraga, Albay, in the very same
barangay where the two accused Roderick Loriega and Gary Arevalo also live.
Angielyn Marco, Roderick Loriega and Gary Arevalo are friends with each other
aside from the fact that accused Gary Arevalo is an uncle of complainant
Angielyn Marco because Angielyn Marco's great grandmother is the sister of Gary
Arevalo's grandmother. Angielyn Marco however does not call Gary Arevalo uncle
because the latter prefers to be called as Gary.
Unlike other deaf
mutes, Angielyn Marco can talk although not satisfactorily but with limitations
because she had been studying for five years at the SPED class at the Bicol
University under the tutorship of Miss Elisa Maceres (who acted as the
interpreter at the time that Angielyn Marco was presented as a witness with the
express consent of both accused and only after she was sworn under oath).
Angielyn Marco can read and write as she has shown to the court during her
testimony when she was presented as a witness although with some limitations,
as she can communicate in writing in telegram form.
In the early
evening of March 1, 1992, Angielyn Marco went out of their house to buy Royal
Tru-Orange soft drinks at a nearby sari-sari store. There was no Royal
softdrinks at the sari-sari store however, so she just went home. Along her way
home, she met accused Roderik Loriega in front of Gary Arevalo's house. Accused
Loriega held Angielyn, pulled and brought her to the house of accused Gary
Arevalo. Said accused Arevalo was in the house too. While in the house of
accused Arevalo, Angielyn Marco was striped naked and the two accused, Loriega
and Arevalo took turns in raping Angielyn Marco. The first to rape her was
accused Loriega while accused Arevalo was covering her mouth and holding her
hands. After accused Loriega was through, he held the hands of Angielyn Marco
and covered her mouth while accused Arevalo was raping her. Angielyn Marco
struggled but she is just a petite girl that her strength was no match to the
two accused. She was helpless.
After the two
accused were through raping Angielyn Marco, they left. Angielyn dressed up and
went home. Asked by her parents where she came from she gave no answer and she
also did not tell her parents about the rape incident she underwent. Angielyn
told no one about her being raped until March 18, 1992 when she confided her to
her cousin Nadin Marco about the rape. Nadin Marco, in turn told her father, a
brother of Angielyn's father, and the following day, the rape incident was
reported to Angielyn's father.
Angielyn was
brought by her father to the Municipal Health Office of Daraga, Albay where she
was examined and found to have a lacerated hymen at 4:00 o'clock position, a
circumstance showing that a foreign body had entered the vagina which could be
caused by, among others, sexual Intercourse."[6]
During the pendency of this case at the
prosecutor's office, private complainant, a deaf-mute, was referred to Don
Susano Rodriguez Memorial Hospital for determination of her actual mental age.
She was given a mental status examination and intelligence quotient (IQ) test.
In her testimony, Dr. Chona Belmonte opined that private complainant has an IQ
of sixty-nine percent (69%) which falls under the category of "borderline
intellectual functioning". Dr. Belmonte likewise declared that private
complainant's mental age is just between nine (9) and eleven (11) years, and so
she could not manage her affairs without the assistance of others.[7]
For his defense, Loriega denied the
accusation against him. On the contrary, he claimed that it was private
complainant who sexually abused him: Lexjuris
"[T]hat at
about 6:30 o'clock in the evening of March 1, 1992, he went to the house of
accused Gary Arevalo at San Roque, Daraga, Albay. He met Angielyn in front of
accused Arevalo's house. Angielyn signalled to him, pointing to a small trail
at the side of Arevalo's house leading to a small study room at the back of
Arevalo' s house. Thinking that Angielyn wanted to show him something, he
followed Angielyn on the trail to the study room. Angielyn entered the room and
beckoned him to come in. He was hesitant to come because there were only two of
them and somebody might see them, but Angielyn took him by the hand and led him
inside the room. It is a small room with a bed, there was no light then.
Loriega knows this room well because when the former occupant left, he helped
in the fixing of this room to convert it into a study room. Once inside the
room, Angielyn started kissing him all around his face and lips. He pushed her
away afraid that somebody might see them. Angielyn was persistent. She removed
her blouse then removed Loriega's T -shirt and when both were half-naked
Angielyn tried to remove his pants but he resisted and did not agree. Angielyn
kept on kissing him and he tried to hold her back but Angielyn was persistent.
While Angielyn was kissing him, she was also unbuttoning his pants and
succeeding in unbuttoning his pants, Angielyn held his sexual organ and kissed
it, held his balls and suck his penis until he ejaculated in the mouth of
Angielyn who swallowed his sperm because that was what she wanted. At the time
that Angielyn was sucking his penis, he was hesitant, confused, such that after
his ejaculation, he pushed Angielyn away, buttoned his pants and dressed up.
Angielyn also dressed up. He heard the mother of Gary Arevalo telling Gary to
cook and he knew that Gary would enter the room because the switch of the light
of the kitchen was in that room. When Gary entered and saw them, they were told
to leave and they left. Loriega left the room ahead and headed for home. He did
not know where Angielyn went from there. On March 12, 1992 he woke up with
Angielyn on top of him."[8]
For his part, Arevalo insisted on his
innocence. He gave his own story which tended to corroborate the claim of
Loriega:
"[T]hat in
the morning of March 1, 1992, he went to barangay Sto. Cristo, Daraga, Albay to
help his uncle care and train the fighting cocks. He went home at about 7:00
o'clock in the evening at San Roque, Daraga, Albay. When he arrived, his mother
told him to cook and when he switched on the light of the kitchen which was
located at the study room, he saw Roderick Loriega and Angielyn Marco seated on
the bed with Angielyn Marco holding the thigh of Loriega. He told them to leave
the room and they did leave the room. He also testified that Angielyn Marco's
great grandmother is the sister of his grandmother. The motive in being
included in these cases is that there was a previous incident between him and
Angielyn's father when he once fetched water and Angielyn's father did not give
any water and he had an argument with Angielyn's father when he told him that
he does not want to give water when he use[s] a jumper for the water pump and
spends nothing for electricity. This angered Angielyn's father."[9]
In an attempt to lend some degree of
persuasiveness to appellants' story and discredit the testimony of the offended
party, three other witnesses were presented by the defense. First, Socorro
Llave, neighbor of Arevalo, testified that on the whole night of the March 1,
1992, she did not hear, see or notice any untoward incident in the vicinity of
her house or in the house of her neighbor. She swore that if there was unusual
occurrence, she would have sensed it because Arevalo' s dog would have barked
as it usually does whenever somebody passes by their place.[10] Second, another neighbor, Rodel Guiriba, declared
that private complainant visits the house of Loriega about twenty-five times a
month. He swore that he did not notice any change in the relationship between
private complainant and Loriega even after the alleged rape happened. He said
that the last time he saw private complainant went to Loriega's residence was
on March 12, 1992.[11] Third, Sonny Madelar attested that on March 12,
1992, at about 4:00 P.M. as he was walking home, he noticed several people
looking towards the house of Loriega. Out of curiosity, he and his companions
proceeded to the backyard of Loriega's house. While there, he fixed his eyes on
the open window of the room of Roderick and he saw private complainant place
herself on top of Loriega but did nothing more.. He stated that both Roderick
and private complainant were not naked at that time.[12] Jurismis
The trial court found the defense put up by
appellants too flimsy and incredible, and on the basis of the evidence
presented by the prosecution held appellants guilty as charged. After the trial
court handed its verdict of conviction, sentencing them to reclusion
perpetua, Loriega and Arevalo readily filed their respective notice of
appeal, albeit directed to the Court of Appeals. Apparently realizing
their mistake, they immediately filed an amended notice of appeal, this time
correctly addressed to this Court.[13]
As required, Loriega's counsel filed
appellant's brief. We dispensed with the filing of Arevalo' s brief as we
granted the motion of Arevalo's counsel to adopt the appellant's brief of
Loriega as Arevalo's too.[14] In their bid to obtain reversal of their conviction,
Loriega and Arevalo claim that the lower court erred:
"1
IN GIVING FULL
CREDENCE TO THE INHERENTLY UNRELIABLE TESTIMONY OF THE OFFENDED PARTY; and
2
IN CONCLUDING FROM
THE EVIDENCE OF THE PROSECUTION THAT THE CRIME OF RAPE WAS COMMITTED."[15]
The fundamental issue to be resolved is
whether or not the trial court erred in affording credence to the testimony of
the victim.
In casting doubt on the testimony of private
complainant, appellants argue that if indeed they committed the offense, then
private complainant's hymen should not have just one but two or more
lacerations. They contend that not every laceration is a positive proof of rape
as laceration could result from other causes such as menstruation. They aver
that private complainant, being a virgin, should have bled profusely which, in
turn, should have stained her clothes and the scene of the crime. Further, they
insist that their seminal discharge should have been found in private
complainant's body. They also maintain that private complainant should have
experienced difficulty in walking and felt intense pain after the alleged rape.[16] In short, appellants would like us to believe that
they neither deflowered nor had carnal knowledge with private complainant on
the date and place alleged by the latter.
Regrettably, appellants' assertions did not
persuade the trial court that they are innocent of the offense charged. They
are too worn-out to be convincing. Again, we stress that neither hymenal
laceration nor bleeding is an element of rape. It is sufficient that there was
sexual congress, and that this was consummated by the slightest introduction of
the male organ into the labia of the pudendum.[17] Also, the presence or absence of seminal discharge
is immaterial in the prosecution of a rape case for it is well-settled that the
slightest penetration, not ejaculation, constitutes rape.[18] Likewise, ambulatory difficulty and pain in woman's
genitalia are not standard consequence after a first ever sexual intercourse.
Furthermore, appellants' portrayal of the victim
as a lustful nymphet is far from worthy of belief. That private complainant
took Loriega to the study room of Arevalo and while there sucked Loriega's
manhood against the latter's will is incredible. As the lower court observed it
is not the actuation of a fifteen-year old girl, much less that of a country
girl with a mental age between nine (9) and eleven (11) years. It is doctrinal
that for evidence to be believed, it must not only proceed from the mouth of a
credible witness but must be credible in itself such as the common experience
and observation of mankind can approve as probable under the circumstances.[19]
Similarly, the other witnesses for the
defense did not bolster the cause of appellants at all. Llave's declaration
that there was no unusual occurrence in Arevalo's house on the date and time of
the alleged rape is easily discredited by Loriega's admission that he and
private complainant were in the aforesaid house. The testimonies of Guiriba and
Madelar refer to the conduct and behavior of private complainant towards
Loriega after the crime took place, hence, not material to the defense. Jjjuris
In contrast to the inherently weak defense
of the appellants, the prosecution evidence indubitably shows that appellants
sexually assaulted private complainant in the place, date and manner described
by the latter in her testimony. Private complainant, assisted by her
interpreter,[20] testified as follows:
"PROSECUTOR
DE MESA: (Continuing)
Q......On March 1, 1992 in the evening what
happened? If any?
ATTY. ABITRIA:
......WE WILL request that what the witness is gesturing be
interpreted.
INTERPRETER:
......The witness your Honor, gestured with her fingers
(forefinger and middle finger) that she was walking.
A......I was walking.
Q......Where were you then walking?
A......I was going to buy Royal.
Q......Where did you go to buy Royal?
A......I went to buy Royal but when I reached the
store there was no more royal.
Q......Did you go home after that?
A......I went home but on the way I met Roderick
Loriega.
Q......Do you know how to draw?
A......Yes, Madam I can draw.
Q......Alright Angeline, you draw the place of
your house and the store where you were supposed to buy Royal and the place
where you met Roderick Loriega in going back to your house. Make a sketch and
indicate the distance of the store from your house, making your house as the
point of reference.
INTERPRETER:
......At this juncture, the witness indicated on the yellow
ruled pad making illustrations of the way she took from her house to the store.
She made an arrow indicating "AKO" and gesturing that she went to the
store to buy royal but there was no more royal and then she wrote the name
"RODERICK LORIEGA" on the yellow pad saying that this is the place
where she met Roderick Loriega. The witness said there was no more royal so she
went back home but on her way back, she met Roderick Loriega and Loriega pulled
her towards a house. She said that there was a house and wrote the word
"GARY" meaning that the house is the house of Gary Arevalo.
Q......Who owns the house?
A......The witness wrote the word
"GARY" pointing to the house.
Q......What about the house of Gary? Where is it
located?
INTERPRETER:
......The witness, your Honor said that Roderick Loriega
brought her to the house of Gary Arevalo at the same time making the sign of
sexual intercourse.
COURT:
Q...... So she was brought to the house of Gary
Arevalo. Who brought you there? justice
A...... Roderick.
Q......Where was Gary Arevalo because according
to you Roderick brought you to the house of Gary. Where did you see Gary?
A......Gary was in his house when Roderick
Loriega brought there.
COURT:
......Proceed Fiscal.
PROSECUTOR DE MESA
(continuing)
Q......Then after that what happened next if any?
A...... No answer.
......(The Interpreter wrote the question on the yellow pad
and then by way of answering she gestured that she was sexually abused by
Roderick.)
INTERPRETER:
......The witness gestured in answer to the questions,
making the sign of sexual intercourse saying that she was raped.
COURT:
......So what is now the answer to be put on record?
INTERPRETER:
......SHE MANIFESTED BY GESTURING THAT IN the house of Gary
Arevalo she was brought by Roderick Loriega and sexually abused by Roderick
Loriega and Gary Arevalo. She also said that, her mouth was being covered
gesturing with her hand by placing her hand over her mouth; and that it was
first Roderick Loriega who raped her while Gary held her hands and covered her
mouth so that she could not shout; she tried to shout because she--- ah-it was
painful but her mouth was covered and her hands were restrained.
PROSECUTOR DE
MESA: (continuing)
Q......After Roderick Loriega had sexual
intercourse with you, what did Gary Arevalo do, if he did anything?
A......After Roderick Loriega raped me, Gary
Arevalo raped me also.
Q......After that what happened next? Jksmä â Ó
INTERPRETER:
......THE WITNESS said that after she was abused sexually
by Roderick Loriega Gary Arevalo also sexually abused her and this time, it was
Roderick Loriega who held her hands and had covered her mouth. She also said
that she was in pain and very scared. She is gesturing, your Honor that she
felt pain and she shouted but her mouth was covered. She said--- she keeps on
saying Roderick ako raped, house Gary.
PROSECUTOR DE
MESA:
Q......So After that what happened, where did
Roderick and Gary go?
A......After Roderick Loriega and Gary Arevalo
took turns in raping me, they were gone
PROSECUTOR DE
MESA:
......She is gesturing by making the sign of sexual
intercourse that she was raped by Roderick and that also Gary raped her.
COURT:
......What is now the official interpretation?
INTERPRETER:
......The witness said that after Roderick sexually abused
her, Roderick held her hands and then it was Gary who took his turn in sexually
abusing her. She said that while Roderick was raping her she was held by Gary
and then Gary held her hands and covered her mouth.
ATTY. ABITRIA:
......We want to make it straight that what should be
recorded is only the interpretation of the Interpreter who was sworn in. As it
is, even the Honorable Prosecutor is also interpreting or translating the
answer of the witness. She should leave the official interpretation to the
Interpreter.
COURT:
......We are interpreting the answer of the witness which
is in telegram form and the manifestation of the Interpreter is being recorded
as gestured or written by the witness in the proper perspective. Esä m
PROSECUTOR DE
MESA:
......She was trying to describe the situation she was in
at that time, your Honor and we are just trying to help in the translating of
the question to the witness and not the answer of the witness. I am not
interpreting the answer of the witness, you Honor.
COURT:
Q......Everything is being recorded here. Now
what about Gary what did he do?
INTERPRETER:
......At this juncture your Honor, the witness made a
drawing of the person and placing the corresponding name and made gestures of
covering her mouth saying "GARY" and put an arrow on the drawing of a
person then placed the word "Gary". She also said that Gary sexually
abused her while Roderick held her hands.
COURT:
Q......That is already on record. What happened
next after that?
INTERPRETER:
......Your Honor, according to the witness Gary Arevalo
removed his clothes when he sexually abused her. The witness further said that
she was also naked and she made gestures of covering her nakedness by putting
her arms around her, meaning that she tried to cover herself with her arms
because she saw that she was already naked.
COURT:
......Proceed Fiscal.
PROSECUTOR DE
MESA: (continuing)
Q......What did you feel about or after you were
sexually raped rather, after you were raped by Roderick and Gary?
A......I felt pain in my "pipi"
(vagina). Very painful.
Q......Did you cry?
A......I cried, it was very painful, very
painful.
Q......What did you do after that?
A......I put on my clothes and went home."[21]
Private complainant's claim that she was
ravished is corroborated by the medical findings of Dr. Ferchito Avelino, who
testified that in his examination of the victim's genitalia, he found her hymen
to have a healed superficial lacerated wound at 4:00 o'clock position.[22] He also opined that the laceration could have been
possibly caused by sexual intercourse.[23]
We have ruled that a victim who cries rape,
more so if she is a minor, almost always says all that is needed to signify
that the crime has been committed, and so long as her testimony meets the test
of credibility, the accused may be convicted on the basis thereof.[24] It is indeed highly inconceivable for a young barrio
girl, inexperienced with the ways of the world, like private complainant, to
fabricate a charge of defloration, undergo a medical examination of her private
parts, subject herself to public trial and tarnish her family's honor and
reputation, unless she was motivated by a potent desire to seek justice for the
wrong committed against her.[25] Esâ msc
In the case at bar, private complainant,
notwithstanding her mental deficiency, is not disqualified from taking the
witness stand. The trial court observed that she can read and write although in
a limited fashion. In her limited capacity to talk during her testimony, she
tried to syllabicate the words to be understood. She can lip-read. Thus, she
looked intently at the lips of her interpreter to enable her to understand the
question, and when she could not express what she wanted to say, she would
write or sketch them on a piece of paper. She had a tendency to be repetitious
and had to be asked leading questions, but her replies were not unintelligible
or beyond understanding. Private complainant is therefore a competent witness
as she could convey her perceptions to the court.
A close scrutiny of the records of this case
convinces us that there is no reason to doubt private complainant's story. We
note that her testimony is clear and certain in identifying the appellants as
the perpetrators of the crime. She is able to recount her ravishment with
candor and sufficient clarity with the aid of writings, sketches, drawings and
her interpreter. Under rigorous cross-examination, she struggled yet remained
steadfast in her assertion that appellants forced their lust on her. Private
complainant's lack of ill motive to testify against appellants and her
unwavering narration of how she was raped bear the hallmarks of truth.[26] In view of the foregoing considerations, the trial
court could not be said to err in affording credence to private complainant's
testimony. All told, we find no reversible error in the trial Court's holding
that appellants are guilty beyond reasonable doubt of the two counts of rape.
The Revised Penal Code, prior to its
amendment by Republic Act Nos. 7659 and 8353, defined and penalized the crime
of rape as follows:
"Art. 335.
When and how rape committed. --- Rape is committed by having carnal knowledge
of a woman under any of the following circumstances:
1. By using force
or intimidation;
2. When the woman
is deprived of reason or otherwise unconscious; and
3. When the woman
is under twelve years of age, even though neither of the circumstances
mentioned in the two next preceding paragraphs shall be present.
The crime of rape
shall be punished by reclusion perpetua.
Whenever the crime
of rape is committed with the use of a deadly weapon or by two or more persons,
the penalty shall be reclusion perpetua to death.
xxx"[27]
Under our penal law, whenever the crime of
rape is committed by two or more persons, the penalty shall be reclusion
perpetua to death, a penalty composed of two indivisible penalties. In this
case, there is neither mitigating nor aggravating circumstances in the
commission of the crime, thus, the lesser penalty of reclusion perpetua is
imposed.
We note, however, that the trial court
awarded only the amount of P50,000.00 as damages to private complainant. This
is inadequate. It must be clarified that the award of P50,000.00 for civil
indemnity is mandatory upon the finding of the fact of rape.[28] In addition, the victim should be awarded the amount
of P50,000.00 as moral damages without need of additional proof in accordance
with prevailing jurisprudence.[29] Inasmuch as appellants are guilty of two counts of
rape, they must jointly and severally indemnify the victim twice[30] the foregoing amounts. EsmmÓ is
WHEREFORE, the appeal is hereby DENIED and the judgment of the
lower court convicting appellants RODERICK LORIEGA and GARY AREVALO of two
counts of rape and imposing on them two (2) penalties of reclusion perpetua is
AFFIRMED, with MODIFICATION that appellants shall pay jointly and severally the
victim, Angielyn Marco, damages amounting to TWO HUNDRED THOUSAND PESOS
(P200,000.00), broken down as follows: (a) CIVIL INDEMNITY in the total amount
of ONE HUNDRED THOUSAND (P100,000.00) PESOS for the two counts of rape; and (b)
MORAL DAMAGES in the total amount also of ONE HUNDRED THOUSAND (P100,000.00)
PESOS for the two counts of rape.
Costs against appellants.
SO ORDERED.
Bellosillo, (Chairman), Mendoza, and De Leon, Jr., JJ., concur.
Buena, J., on official leave. Esmsoâ
[1] Rollo, p. 5.
[2] Id. at 14.
[3] Records of Crim. Case No. 5988, pp. 43 and 45.
[4] Rollo, p. 17.
[5] Id. at 49-50.
[6] Id. at 42-43.
[7] TSN, May 17, 1993, pp. 11-19.
[8] Rollo, p.46.
[9] Id. at 46-47.
[10] TSN, November 10, 1993, pp. 11-13.
[11] TSN, December 3, 1993, pp. 5-6.
[12] Id. at 14-18.
[13] Rollo, pp. 51-54.
[14] Id. at 150-154.
[15] Rollo, p. 66.
[16] Id. at 76-81.
[17] People vs. Garcia, 288 SCRA 382, 399 (1998)
[18] People vs. De la Paz Jr., 299 SCRA 86, 97 (1998)
[19] Cosep vs. People, 290 SCRA 378, 385 (1998)
[20] Elisa Maceres, Special Education teacher at Bicol University, Legaspi City.
[21] TSN, February 16, 1993, pp. 35-42.
[22] TSN, February 16, 1993, p.11.
[23] Id. at 15.
[24] People vs. Tabion,, GR-132715, October 20, 1999, p. 10.
[25] People vs. Alquizalas, GR-128386, March 25, 1999, p. 7.
[26] People vs. Caratay, GR-119418, 119436-7, October 5, 1999, p. 14.
[27] Article 335. Revised Penal Code.
Republic Act 8353 (Anti-Rape Law of 1997) approved on September 30, 1997, has classified rape as a crime against persons. It mandates the incorporation into Title Eight of the Revised Penal Code a new chapter to be known as Chapter Three on Rape. Thus, the crime of rape is now governed by Articles 266-A, 266-B, 266-C and 266-D
[28] People vs. Gementiza, 285 SCRA 478, 492 (1998)
[29] People vs. Prades, 293 SCRA 411, 431 (1998)
[30] People vs. Pagpaguitan, GR-116599, September 27, 1999, p. 17; People vs. Celis, GR-125307-09, October 20, 1999, p. 17.