EN BANC
[G.R. Nos. 131818-19. February 3,
2000]
THE PEOPLE OF
THE PHILIPPINES, plaintiff-appellee, vs. BERNABE SANCHA, accused-appellant. ULANDU
D E C I S I O N
PER CURIAM:
Automatic review of the decision[1] of the Regional Trial Court, Branch 38, Daet,
Camarines Norte, finding accused-appellant Bernabe Sancha guilty beyond
reasonable doubt of two counts of rape of his daughter, aged 15, and sentencing
him, in both cases, to suffer the penalty of death and to indemnify the victim
in the amount of P100,000.00.
Two informations for rape were filed against
accused-appellant.
In Criminal Case No. 8888, the information[2] against accused-appellant alleged -
"That on or
about the 20th day of June 1996 at around 7:00 o'clock in the evening at Sitio
Biray, Barangay Banocboc, Municipality of Vinzons, Province of Camarines Norte
and within the jurisdiction of this Honorable Court, the above-named accused
urged by bestial lust and taking advantage of his over-bearing power over his
own daughter, Bermalyne Aban Sancha, who was living under his parental care,
unlawfully, feloniously, and criminally, did then and there, commit sexual
intercourse with said Bermalyne Aban Sancha, a girl of 15 years of age against
the latter's will to her damage and prejudice.
"CONTRARY TO
LAW."
In Criminal Case No. 8889, it was alleged -
"That on or
about the 21st day of June 1996 at around 9:00 o'clock in the morning at Sitio
Biray, Barangay Banocboc, Municipality of Vinzons, Province of Camarines Norte
and within the jurisdiction of this Honorable Court, the above-named accused
urged by bestial lust and taking advantage of his over-bearing power over his
own daughter, Bermalyne Aban Sancha, who was living under his parental care,
unlawfully, feloniously, and criminally, did then and there, commit sexual
intercourse with said Bermalyne Aban Sancha, a girl of 15 years of age against
the latter's will to her damage and prejudice.
"CONTRARY TO
LAW."
Mesm
The cases were then consolidated. When
arraigned, accused-appellant pleaded not guilty to the charges, whereupon,
joint trial commenced.
The prosecution evidence shows the
following: Complainant Bermalyne Aban Sancha is accused-appellant's daughter by
his wife Arsenia Aban Sancha. She is the second child of the couple. At the
time she testified in court on February 26, 1997, Bermalyne was 16 years old.
Upon the death of their mother on June 17, 1995, Bermalyne and her siblings,
Emma, 19, Augusto, 12, Maritess, 10, and Rosalie, 8, had been left in the care
of accused-appellant in their house in Sitio Biray, Barangay Banokbok, Vinzons,
Camarines Norte. Soon after, however, Emma, the eldest, went to Manila.
In the evening of June 20, 1996,
accused-appellant and his children, Bermalyne, Augusto, Maritess and Rosalie
were at home about to go to sleep. Their house was small (about one-fourth
[1/4] of the courtroom) with no partition inside. The family slept side by side
on the floor. Accused-appellant slept between Augusto and Maritess. To the
right of Augusto were Rosalie and Bermalyne. At about 7:00 p.m., after the
children had fallen asleep, accused-appellant went near Bermalyne and then
started to remove her t-shirt, short pants and underwear. Bermalyne was
awakened, and she started to cry. Accused-appellant removed his short pants and
underwear quickly, went on top of Bermalyne and then inserted his penis into
her vagina. Bermalyne felt pain in her private parts as accused-appellant
forced himself upon her. When accused-appellant removed himself from her, Bermalyne
noticed her vagina bleeding. Accused-appellant raped her two more times that
night, at about 10:00 p.m. and 12:00 midnight. Throughout the rape, Bermalyne
was crying but accused-appellant threatened to kill her if she resisted or woke
up her siblings.[3]
The following day, June 21, 1996, at about
8:00 a.m., accused-appellant again sexually assaulted his daughter. At about
11:00 a.m. of that day, while the other children were out, playing in the house
of Arsenio Aban, Bermalyne's maternal uncle, accused-appellant again raped
Bermalyne inside their house. Bermalyne tried to shout but accused-appellant
covered her mouth with his hand. When Bermalyne's siblings returned home at
about 3:00 p.m. of that same day, she did not tell them what had happened to her
as she was afraid of accused-appellant and ashamed of her disgrace.[4] In fact, she did not even say anything of her ordeal
to her uncles Artemio, Alejandro and Arsenio Aban, brothers of her late mother
Arsenia, who were also residents of Sitio Biray. Later, Bermalyne and her
siblings were brought by accused-appellant to their paternal grandfather's
house in Mangcawayan, Vinzons, Camarines Norte. Slx
Somehow, however, Artemio Aban learned from
Flory Vasquez and one Julieta that Bermalyne had been raped by accused-appellant.
When confronted, Bermalyne broke down and admitted to her uncle that she had
been molested by her own father. So, on September 24, 1996, while
accused-appellant was out fishing (naglaot), Artemio took Bermalyne to
Sitio Biray where Bermalyne confided the matter to her aunt Flocerfida Aban,
Artemio's wife. Artemio and Flocerfida did not bring Bermalyne back to
Mangcawayan and instead took custody of her.[5]
The following day, September 25, 1996, at
about 6:00 p.m., Bermalyne, together with spouses Artemio and Flocerfida, and
Flory Vasquez, went to radio station Bombo Radyo (DZVX) in Daet.[6] They sought the help of station manager Rhonnel R.
Peρaflor who accompanied them to the 501st Criminal Investigation Group (CIG)
Office in Daet, Gamarines Norte where the officer-in-charge, SPO2 Clemente
Gonzales, conducted an investigation and placed Bermalyne's statements in
writing (Exh. C).[7]
On September 26, 1996, Bermalyne filed a
criminal complaint (Exh. B) for two counts of rape against accused-appellant
before the Municipal Trial Court, Vinzons, Camarines Norte.
On the same day, September 26, 1996, Artemio
and Flocerfida accompanied Bermalyne to the Camarines Norte Provincial Hospital
in Daet, Camarines Norte for her medical examination. Dr. Marcelito B. Abas,
medico-legal officer of Regional Health Office No. 5, examined Bermalyne and
his report (Exh. A)[8] yielded the following results:
"GENITAL
EXAM: Scslx
=
.Healed hymenal laceration at 2, 8, 9 o'clock;
=
.Vagina admits one finger easily but two
fingers with slight difficulty."
The findings showed that the hymenal
lacerations of Bermalyne could have been caused by the penetration of a turgid
penis during sexual intercourse. There is no finding of other physical injuries
inflicted upon Bermalyne.[9]
The defense then presented its evidence.
Accused-appellant Bernabe Sancha interposed denials. According to him, at about
6:00 p.m. of June 20, 1996, Arturo and Edmundo Flavia went to his house and
they drank two bottles of gin. As they got tired and became tipsy, the two
left. At about 7:00 p.m., he was already asleep in his house in Sitio Biray,
Barangay Banokbok, Vinzons, Camarines Norte together with his children,
Bermalyne, Augusto, Maritess and Rosalie. He slept soundly and woke up at 7:00
a.m. of the following day, June 21, 1996. By 7:30 a.m., he left and did some
usual farm work (kaingin) for more than two hours. At about 10:00 a.m.,
he went back to his house and slept again. He woke up at 3:00 p.m. He claimed
that the charge of double rape was merely a scheme (pakana) of his
brothers-in-law, Alejandro and Artemio, to get back at him for Arsenia's death.
He alleged that they harbored ill-feelings against him for being negligent in
attending to Arsenia while she was giving birth to her youngest child which resulted
in her untimely demise. After Arsenia's death, Bermalyne would visit the house
of her maternal uncles once in a while. He averred that the reason he
transferred his family to Mangcawayan was that he wanted to take care of his
father (Bermalyne's paternal grandfather) who was already very old. He said
that when the case was filed, he did not ask Bermalyne why his brothers-in-law
prevented him from seeing her. Nor did he bring up the matter to any member of
his own family nor to any of his immediate relatives.[10]
On August 21, 1997, the trial court rendered
a decision finding accused-appellant guilty of two counts of rape. The
dispositive portion of its decision reads:[11]
"WHEREFORE,
finding the accused Bernabe Sancha guilty beyond reasonable doubt of the two
(2) counts of rape as charged under Art. 335 Revised Penal Code as amended by
R.A. 7659, he is hereby sentenced to suffer the extreme penalty of DEA TH in
both cases and to pay the offended party the amount of P100,000.00, as
damages.
"SO
ORDERED."
Accused-appellant seeks reversal of his
conviction alleging errors in the trial court's decision. Slxsc
First. Accused-appellant points out inconsistencies in Bermalyne's statements
as to the number of times he allegedly raped her. He says that at one time, she
said she was abused three times, while at another time she said four times. On
the other hand, a witness for the prosecution, Flocerfida Aban, testified that
Bermalyne related to her that she had been raped by accused-appellant twice.
Accused-appellant contends that because of these discrepancies, Bermalyne was
lying.
This contention is without merit. The
perceived discrepancies in the testimony of Bermalyne as to the number of times
she was raped are inconsequential. Inconsistencies of this nature can be
expected of a young girl whose harrowing experience she is called upon to
recall.[12] They tend to buttress, rather than weaken, her
credibility, since they indicate that her testimony was not contrived.[13] Indeed, victims of rape hardly retain in their
memories the dates, number of times and manner they were violated. For this
reason, it has been held that the exact date of the commission of the rape is
not an essential element of the crime.[14] What is material is that the commission of the rape
by accused-appellant against complainant is sufficiently proven. Discrepancies
should refer to significant facts which are crucial to the guilt or innocence
of an accused. Inconsistencies and discrepancies in details which are
irrelevant to the elements of the crime, such as the exact time of the
commission of the crime, are not grounds for acquittal.[15]
On the other hand, that Bermalyne was
telling the truth is evident from a reading of her testimony as she recounted,
with tears welling in her eyes, how she was molested by her father three times
on the night of June 20, 1996 and twice in the morning of June 21, 1996:
"Q
.You said awhile ago that you were about to sleep on that evening of June
20, 1996, at around 7:00 o'clock, is it not?
A
.Yes, sir.
Q
.Were you able to sleep that night?
A
.No, sir.
Q
.Why were you not able to sleep that night on June 20, 1996, at around
7:00 o'clock in the evening?
FISCAL FERRER
Witness is
crying, Your Honor. I would like to place on record that witness is shedding
tears.
ATTY. BARANDON
I would like to
put on record that the alleged victim cannot answer simple question, Your
Honor.
Slxmis
COURT
The witness is
crying that's the reason why she could not answer. And the court is waiting for
that answer.
FISCAL FERRER
Q
.Who were the persons inside your house?
A
.Augusto, Maritess, Rosalie and my father, sir.
Q
.Where is your [father] at that time?
A
.He was in the sala, sir.
Q
.How about you?
A
.I was also in the sala, sir.
FISCAL FERRER
Q
.What was your distance?
A
.A bit far, sir.
Q
.What happened?
A
.My father went near me, sir.
Q
.What did he do?
A
.He undressed me, sir.
ATTY. BARANDON
We believe the
answer should be louder.
(WITNESS)
A
.He undressed me, sir.
Q
.You said that your father removed your dress, what else did he do?
A
.My pant[y], sir.
Q
.What [were] you wearing that night?
A
.T-shirt, sir.
Q
.That was also removed by your father?
A
.Yes, sir. Missdaa
Q
.Were you wearing short pants?
A
.Yes, sir, I was wearing.
x x x
.x x x
.x x x
FISCAL FERRER
Q
.When your father was removing your T-shirt, and short pants, what did
you do, if any?
A
.I was crying, sir.
Q
.Did he stop when he saw you crying?
A
.No, sir, he did not.
Q
.So, do you mean to say that you were totally naked when your father
removed your clothes including your pant[y]?
A
.Yes, sir.
Q
.When you were totally naked, what did your father do next?
A
. (At this juncture, witness is shedding tears). He inserted his penis in
my vagina, sir.
Q
.Did your father also undress himself?
A
.Yes, sir.
Q
.What did your father remove?
A
.He removed his brief, sir.
Q
.What else did he remove aside from his brief?
A
.Short pants, sir.
Q
.And when your father removed his short pants, did you see his penis?
ATTY. BARANDON
Very leading,
Your Honor.
FISCAL FERRER
I will reform
the question.
Q
.When your father removed already his short pants and brief, what did he
do to you?
A.......He inserted his penis into my vagina, sir.
Q.......Was he able to insert his penis into your
vagina?
Sdaadsc
x x x.......x x x.......x
x x
ATTY. BARANDON
We put [it on]
record that the witness is crying.
(WITNESS)
A.......No, sir.
COURT
The court would
like to hear if the penis was able to be inserted by the accused into your
vagina?
(WITNESS)
A.......Yes, sir.
FISCAL FERRER
Q.......And what did you feel when you said he
inserted his penis into your vagina?
A.......It was painful, sir.
Q.......Now, when your father was about to insert his
penis into your vagina, what was your position in relation to your father?
A.......I was lying on my back, sir."[16]
"FISCAL
FERRER
Q.......After your father had removed your dress
including your underwear you said that you were on a lying position, is it not?
A.......Yes, sir.
Q.......In what portion of the sala were you lying
at?
Rtcspped
A.......On one side of the sala, sir.
Q.......On the floor of the sala?
A.......Yes, sir.
Q.......While you were lying what was the position of
your father in relation to you after he undressed himself?
A.......He placed himself on top of me.
Q.......You mean to say that your father was on top
of you?
A.......Yes, sir.
Q.......When your father was on top of you what did
you do next?
A.......He violated me.
Q.......You mean to say that your father was able to
insert his penis?
ATTY. BARANDON
That will be
leading.
FISCAL FERRER
Q.......What do you mean by your father violated you?
A.......He had carnal knowledge with me.
Q.......For how long was your father on top of you
while he was having carnal knowledge with you?
A.......About one hour.
Q.......While your father was on top of you and
having carnal knowledge with you what did you do, if any?
A.......I was crying. Korte
Q.......When you cried did your father stop of what
he was doing to you?
A.......No, sir. He did not.
Q.......Did you plead mercy to your father when he
was on top of you?
A.......Yes, sir.
Q.......Did he accede to your plea?
A.......No, sir.
Q.......You mean to say despite your plea for mercy
he did not stop of what he was doing to you?
A.......Yes, sir.
Q.......While your father was on top of you, what did
you feel in your private organ?
A.......Painful, sir.
Q.......And why was your private organ painful while
your father was on top of you?
A.......Because he violated me.
COURT
Q.......Which is painful?
A.......My vagina, Your Honor.
x x x.......x x x.......x
x x
FISCAL FERRER Sclaw
Q.......Did you tell your father that your vagina was
painful?
A.......Yes, sir.
Q.......And what was the reaction of your father upon
hearing that?
A.......He removed himself on top of me.
Q.......And when he removed himself on top of you
what did you notice or observe from your private organ?
A.......It was bleeding.
Q.......And when you saw that your private organ was
bleeding when your father removed himself from you what did you do to your
private organ?
A.......None, sir.
Q.......And after your father removed himself on top
of you what happened next?
A.......Nothing more.
Q.......Did you get dress[ed]?
A.......Yes, sir.
Q.......How about your father, where did he go?
A.......He was staying at the sala.
Q.......By the way [Ms.] Witness, how many times did
your father [lie] on top of you on that night of June 20, 1996?
A.......Three (3) times, sir.
Q.......You mean to say that your father abused you
for three (3) times on that night of June 20, 1996 while you were in the sala
of your house?
ATTY. BARANDON Sclex
We will object
to that question, Your Honor. It will be misleading because the first question
was ilang beses ka pinatungan? and she said three (3) times. The next
question of the Fiscal was ilang beses ka inabuso? There will be no basis.
COURT
No, it was
answered three (3) times and that is another question.
Q.......How many times were you violated, in local
parlance she used 'kinayos'?
WITNESS:
A.......Three (3) times, Your Honor.
FISCAL FERRER
Q.......During those times that your father violated
you on three (3) occasions on the night of June 20, 1996 where are your brother
Augusto, sisters Maritess and Rosalie?
A.......They were in the house.
Q.......Where particularly in the house?
A.......In the sala.
Q.......Who is the nearest to you among your brother
and sisters while your father was violating you?
A.......Rosalie, sir.
Q.......Approximately what was your distance from
Rosalie while your father was violating you while you were inside that house?
A.......That place where Atty. Barandon is seated.
(Witness indicating a distance of two (2) meters, more or less.)
COURT
2 ½ more or
less.
Xlaw
FISCAL FERRER
Q.......And what was Rosalie doing then while your
father was violating you?
A.......She was sleeping.
Q.......How about your sister Maritess what was she
doing then?
A.......She was also sleeping.
Q.......How about your brother Augusto?
A.......He was also sleeping.
Q.......Did you try to wake them up when your father
was violating you on three (3) occasions during that night of June 20, 1996?
A.......No, sir.
Q.......Why did you not wake them up while you were
being violated by your father?
A.......Because I was warned by my father not to wake
them up.
Q.......You mean to say your father warned you not to
wake them up, is that what you were saying?
A.......Yes, sir.
Q.......And because your father warned you not to
wake them up you did not wake them up out of fear, is it not?
A.......Yes, sir.
Q.......You said that the first time that he violated
you was around 7:00 o'clock in the evening, is it not?
A.......Yes, sir.
Q.......What time was the second time that your
father violated you on June 20, 1996? Xsc
A.......10:00 o'clock, sir.
Q.......What time was the third time that your father
violated you again on June 20, 1996?
A.......12:00 midnight.
Q.......By the way, were you able to sleep that night
when your father violated you three (3) times?
A.......No, sir.
Q.......What did you do the whole night when you said
you were not able to sleep?
A.......I kept on crying.
Q.......Where was your father when you kept on crying
that night?
A.......He was in the sala.
Q.......Did you try to talk to your father why he did
that to you?
A.......No, sir.
Q.......The following day, June 21, 1996, what
happened next, if any?
A.......I stayed in the house.
Q.......And what time was that?
A.......At 8:00 o'clock in the morning.
Q.......And while you were in your house at 8:00
o'clock in the morning of June 21, 1996, what happened next to you?
A.......He again violated me.
Q.......You mean to say that your father again had
carnal knowledge of you on June 21, 1996?
A.......Yes, sir.
Q.......Where?
A.......In the sala, sir.
Q.......And what time did your father violate you
again on June 21, 1996 when you said you were in the sala of your house?
A.......About 11:00 o'clock in the morning. Sc
Q.......And how did your father again violate you on
June 21, 1996, will you describe that to this Honorable Court?
A.......He again undressed me.
Q.......And after undressing you what happened next?
A.......He removed my shorts and panty.
Q.......And after your father had removed your dress,
shorts
and panty, what
did he do next?
A.......He undressed himself.
Q.......And after your father undressed himself what
did he do to you?
A.......He removed his shorts and brief.
Q.......And after removing them what did your father
do?
A.......He inserted his penis into my vagina.
Q.......Did the penis of your father able to insert
into your vagina on June 21, 1996?
A.......Yes, sir.
Q.......And what did you feel when the penis of your
father again entered into your vagina?
A.......It is painful.
Q.......And for how long was your father on top of
you?
A.......About two (2) hours.
Q.......Are you sure of that, that your father was on
top of you for two (2) hours?
A.......Yes, sir.
Q.......And how many times did your father place
himself on top of you on June 21, 1996?
A.......Twice, sir.
Q.......You mean to say that your father again
violated you twice on June 21, 1996?
A.......Yes, sir.
Q.......Ms. Witness, while your father was violating
you or having carnal knowledge with you on June 21, 1996 where [were] Rosalie,
Maritess and Augusto, your brother and sisters?
A.......They were with our neighbors."[17] Scmis
The rule is settled that the trial court's
appreciation of the evidence will not be disturbed on appeal unless there is
good reason for doing otherwise. Accused-appellant has not shown that the trial
court misappreciated the evidence.[18] Invariably, on questions of credibility of
witnesses, we give due deference to the observations of trial courts since they
have a better opportunity for observation than appellate courts. It has thus
since become doctrinal that the evaluation of testimonial evidence by the trial
court is accorded great respect.[19]
At several instances during her testimony,
Bermalyne broke down and cried as she was overcome by emotion, indicating that
she was telling the truth.[20] As the trial court observed, she was unperturbed
throughout her lengthy cross-examination.[21] If Bermalyne had concocted her tale, she would not
have remained consistent throughout her entire testimony in the face of intense
and lengthy interrogation.[22]
We are thus convinced that accused-appellant
raped Bermalyne. It is well-settled that in rape cases, the accused may be
convicted based solely on the testimony of the rape victim, if such testimony
is credible, natural, convincing and consistent with human nature and the normal
course of things. For by its very nature, rape is committed with the least
possibility of being seen by the public. In fact, the presence of eyewitness
could even raise serious doubts of its commission.[23]
In this case, Bermalyne's testimony is
corroborated by medical findings of hymenal lacerations. Nor may the absence of
physical injuries on Bermalyne preclude rape. In cases of incestuous rape,
accused-appellant's moral ascendancy over the victim takes the place of
violence and intimidation.[24] Moreover, for rape to exist, it is not necessary
that the force or intimidation employed be so great or of such character as
could not be resisted. It is enough that the intimidation produces such fear in
the victim that if she does not yield to the demands of the accused, something
grave would happen to her. Intimidation would also explain why there are no
traces of struggle which would indicate that the victim fought off her
attacker.[25] In fact, the law does not even impose a burden of
proving resistance on the part of the rape victim.[26]
Second. Accused-appellant claims that on June 20, 1996, he
went to sleep at 7:00 p.m., which was earlier than his children, and that he
did not wake up until 7:00 a.m. of the following day, June 21, 1996. He never
got up during the night, not even to urinate. He said that at 7:30 a.m., he
went to work in the farm and came back at about 10:00 a.m. He slept and
woke up at 3:00 p.m.[27] On the other hand, Bermalyne categorically testified
that accused-appellant raped her thrice - at 7:00 p.m., 10:00 p.m. and 12:00
midnight - on June 20, 1996, and twice - at 8:00 a.m. and 11:00 a.m. - on June
21, 1996.[28] Missc
Our cases show that those who commit rape
are no respecter of time and place. The crime of rape has been known to be
committed in places ordinarily considered as unlikely. The scene of the rape is
not always nor necessarily isolated or secluded.[29] Rape can be committed in places where people
congregate, in parks, along the roadside, within school premises, inside an
occupied house and even in a room where other members of the family are also
sleeping.[30] Among couples with big families who live in cramped
quarters, the presence of other members of the family is not necessarily a
deterrent to the commission of this crime.[31] In this case, it is not impossible for the rape to
have taken place inside a small house with no partition and with five occupants
therein, including accused-appellant and Bermalyne.
Third. Accused-appellant claims that the two criminal cases for rape filed
against him had been concocted by his brothers-in-law. They had been harboring
a grudge against him believing that he failed to give the best care to his
wife, Arsenia, while she was giving birth to their youngest child, as a result
of which she died. Accused-appellant denied that he ever was wanting in caring
for his wife during her delivery. He said:
"FISCAL
FERRER
You said also
that your wife died due to giving birth on June 17, 1995?
A.......Yes, sir.
Q.......And will you agree with me that somebody
assisted your wife in delivering a child?
A.......Yes, sir.
Q.......And what's the name of the midwife who
assisted your wife?
A.......Ramona, sir.
Q.......And this Ramona is also the midwife of your
other children [Bermalyne], Emma, Augusto and Rosalie?
A.......Yes, sir.
Q.......Why did your wife die on June 17, 1995?
A.......Because of delivering [a] child, sir. Misspped
Q.......Was the child alive?
A.......Dead, sir.
Q.......Together with the mother?
A.......Yes, sir.
Q.......And you did not participate in the delivery
of your wife?
A.......I participated, sir.
Q.......Your participation is boiling water and
giving the necessary things required by the midwife?
A.......Yes, sir.
Q.......And it was the midwife who actually prepared
your wife in delivering her baby?
A.......Yes, sir.
Q.......And in one way or another, you have nothing
to do with the death of your wife?
A.......Yes, sir.
Q.......And the death of your wife is considered to
be an accident?
A.......Yes, sir.
Q.......And your relatives Avelino, Arsenio and her
parents knew this fact that your wife died because of giving birth?
A.......Yes, sir.
Q.......And you also accept the fact that your wife
died because of carrying/delivering a baby?
A.......Yes, sir.
Q.......And your relatives and the brothers of your
wife accepted the fact that your wife died because of some factors beyond the
control of the midwife, is it not?
A.......Yes, sir.
Q.......And your brother-in-law knew the fact that
you have nothing to do with the death of your wife? Spped
A.......Yes, sir.
Q.......And they even went to the wake of your wife
and during the burial, is it not?
A.......Yes, sir.
Q.......And even to the extent of helping you and
sympathizing with you due to the untimely death of your wife.
A.......Yes, sir."[32]
A prosecution for rape inevitably exposes
the complainant to public scrutiny. That is why some victims of rape would
rather suffer in silence than face publicity. No woman would want to go through
the humiliation of trial unless she actually has been so brutalized that she
desires justice for her suffering.[33] In this case, Bermalyne told the court
"FISCAL
FERRER:
Q.......Ms. Witness, when you gave your statement to
the CIS regarding this incident when you filed this criminal complaint against
your father before the MTC of Vinzons, what was the reason that prompted you to
file this case against your own father?
A.......In order for him not to repeat what he did to
me.
Q.......With these two (2) cases already filed
against your father at your instance and despite what your father did to you,
can you still forgive your father?
A.......Not anymore, Sir.
Q.......You still love your father after what he did
to you?
A.......I don't love him anymore.
Q.......And what do you want that should happen to
your father when you filed this case?
A.......Hang him."[34]
We do not think Bermalyne would agree to
play along with her uncles just so the latter can punish accused-appellant who
is her father. Bermalyne must be so depraved that she would be willing to allow
herself to be used as a pawn of her uncles in a plot that can send her father
to his death, let alone expose her family to shame.[35] Jospped
Nor do we see any basis to find Bermalyne's
uncles so evil as to falsely charge accused-appellant for negligence that was
so uncertain.
Fourth. The trial court found accused-appellant guilty of two
counts of rape and sentenced him, in both cases, to suffer the penalty of death
and to indemnify the victim in the amount P100,000.00 as damages.
Art. 335 of the Revised Penal Code, as
amended by Republic Act No.7659, provides:
"The death
penalty shall also be imposed if the crime of rape is committed with any of the
following attendant circumstances:
"1. When the
victim is under eighteen (18) years of age and the offender is a parent,
ascendant, step-parent, guardian, relative by consanguinity or affinity within
the third civil degree or the common-law spouse of the parent of the
victim."
The concurrence of both the minority of the
victim and her relationship to the offender constrains the Court to affirm the
death penalty imposed by the trial court. Four members of the Court, although
maintaining their adherence to the separate opinions expressed in People v.
Echegaray [36] that R.A. 7659, insofar as it prescribes the penalty
of death, is unconstitutional, nevertheless submit to the ruling of the
majority that the law is constitutional and that the death penalty should
accordingly be imposed.
As to the monetary liability of
accused-appellant, the Court finds that the award by the trial court of P100,000.00
as damages, which is P50,000.00 for each count, should be
increased to P150,000.00, or P75,000.00 for each count of rape,
as civil indemnity. According to jurisprudence,[37] since the crime of rape is committed or effectively
qualified by circumstances which warrant the imposition of the death penalty by
applicable amendatory laws, the complainant should be indemnified P75,000.00
for each count of rape. The additional amount of P50,000.00 for each
count of rape by way of moral damages must also be awarded. This award is
automatically made in rape cases without need of proof for it is assumed that
the complainant has suffered moral injuries entitling her to such an award.[38] Sppedjo
WHEREFORE, the appealed decision of the trial court, finding
accused-appellant Bernabe Sancha guilty beyond reasonable doubt of the crime
charged and imposing upon him the penalty of death, is AFFIRMED with the
MODIFICA TION that accused-appellant is ordered to pay complainant Bermalyne
Aban Sancha P75,000.00 for each count of rape or P150,000.00
civil indemnity, and an additional amount of P50,000.00 in each of the
two cases or P100,000.00 as moral damages.
In accordance with Section 25 of R.A. 7659,
amending Art. 83 of the Revised Penal Code, upon finality of this decision, let
the records of these cases be forthwith forwarded to the Office of the
President in case he decides to exercise his prerogative of mercy.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo,
Puno, Vitug, Kapunan, Mendoza, Panganiban, Quisumbing, Purisima, Pardo, Buena,
Gonzaga-Reyes, Ynares-Santiago, and De Leon, Jr., JJ., concur.2/17/00
[1] Per Judge Sancho Dames II.
[2] Rollo, pp. 14-15.
[3] TSN of Bermalyne A. Sancha, Feb. 26, 1997, pp. 10-18; Feb. 27, 1997, pp. 2-11 (morning session); See sworn statement of Bermalyne Aban Sancha dated September 26, 1996 (Exh. C), Crim. Case No. 8888, pp. 4-5.
[4] TSN of Bermalyne A. Sancha, Feb. 27, 1997, pp. 11-17 (morning session)
[5] Id., pp. 18-28; TSN of Flocerfida Aban, Feb. 27, 1997, pp. 11-21 (afternoon session); TSN of Artemio Aban, March 3, 1997, pp. 2-9.
[6] TSN of Bermalyne A. Sancha, Feb. 27, 1997, pp. 6-10 (afternoon session); TSN of Flocerfida Aban, Feb, 27, 1997, pp. 21-25; TSN of Artemio Aban, March 3, 1997, pp. 9-11.
[7] TSN of SPO2 Clemente Gonzales, Feb. 28,1997, pp. 2-11.
[8] Crim. Case No. 8888, RTC Records, p. 4.
[9] TSN of Dr. Marcelito B. Abas, Feb. 26, 1997, pp. 2-8.
[10] TSN of Bernabe Sancha, March 10, 1997, pp. 2-29.
[11] Rollo, p. 24.
[12] People vs. Empante, G.R. Nos. 130665 and 137996-97, April 21, 1999; People vs. Padilla, 301 SCRA 275 (1999)
[13] E.g. People vs. Calayca, 301 SCRA 192 (1999)
[14] People vs. Lim, G.R. Nos. 131861-63, August 17, 1999; People vs. Alba, G.R. Nos. 131858-59, April 14, 1999; People vs. Villamor, 297 SCRA 262 (1998); People vs. Bugarin, 273 SCRA 384 (1997)
[15] People vs. Maglente, G.R. Nos. 124559-66, April 30, 1999.
[16] TSN, Feb. 26, 1997, pp. 13-18.
[17] TSN, Feb. 27, 1997, pp. 2-14 (morning session)
[18] People vs. Lim, supra.
[19] E.g. People vs. Lopez, 302 SCRA 669 (1999)
[20] People vs. Ramos, 296 SCRA 559 (1998)
[21] TSN, Feb. 27, 1997, pp. 2-15 (afternoon session)
[22] People vs. Perez, 296 SCRA 17 (1998)
[23] People vs. Medina, 300 SCRA 98 (1998)
[24] People vs. Bernaldez, G.R. Nos. 132779-82, January 19, 2000; People vs. Panique, G.R. Nos. 125763, October 13, 1999; People vs. Bartolome, 296 SCRA 615 (1998); People vs. Balmoria, 287 SCRA 687 (1998)
[25] People vs. Manggasin, G.R. Nos. 130599-600, April 21, 1999; citing People vs. Caρada, 253 SCRA 277 (1996)
[26] People vs. Cantos, G.R. No. 129298, April 14, 1999.
[27] TSN of Bernabe Sancha, March 10, 1997, pp. 5-8.
[28] TSN of Bermalyne A. Sancha, Feb. 27,1997, pp. 7-14.
[29] People vs. Sandico, G.R. No. 128104, May 18, 1999; People vs. Perez, supra.
[30] People vs. Batoon, G.R. No.134194, October 26, 1999.
[31] People vs. Geromo, G.R. No. 126169, December 21, 1999.
[32] TSN of Bernabe Sancha, March 10, 1997, pp. 15-17.
[33] E.g. People vs. Lopez, supra.
[34] TSN of Bermalyne A. Sancha, Feb. 27, 1997, pp. 30-31 (morning session)
[35] People vs. Acala, G.R. Nos. 127023-25, May 19, 1999; People vs. Melivo, 253 SCRA 347 (1996)
[36] 267 SCRA 682 (1997)
[37] People vs. Victor, 292 SCRA 186 (1998); People vs. Alba, supra; People vs. Empante, supra; People vs. Lim, supra.
[38] People vs. Prades, 293 SCRA 411 (1998)