SECOND DIVISION
[G.R. No. 123539. June 27, 2000]
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARIANO
AUSTRIA alias "ANOY", accused-appellant.
D E C I S I O N
BUENA, J.:
Charged with,
tried, and convicted for the crime of rape, accused-appellant Mariano
Austria—82 years old at the time of the commission of the offense—now comes
before us to assail the decision, dated 31 October 1995, of the Regional Trial
Court of Lingayen, Pangasinan, Branch 38, in Criminal Case No. L-5239,
adjudging him guilty beyond reasonable doubt of rape and sentencing him to
suffer the penalty of reclusion perpetua and to indemnify the victim
P50,000.00 as moral damages plus cost of the proceedings.
The information[1], dated 15 January 1995, charged octogenarian
accused-appellant Mariano Austria with the rape of minor Prescila de Vera, as
follows:
" That on or
about the 22nd day of November 1994 at 12:00 o’ clock noon (sic) in Barangay
San Jose, Municipality of Aguilar, Province of Pangasinan, Philippines and
within the jurisdiction of this honorable court, the above-named accused armed
with a scythe, taking advantage of his superior strength, by means of force and
intimidation, did then and there willfully, unlawfully and feloniously have
sexual intercourse with Prescila G. de Vera against her will, to her damage and
prejudice.
Contrary to
Article 335 of the Revised Penal Code."
Upon arraignment,
accused-appellant pleaded not guilty after which trial on the merits ensued,
where the prosecution presented the testimonies of complainant Prescila; Myrna
de Vera, mother of Prescila; Nieves de Vera, aunt of Prescila; and Dr. Cecilio
Guico, Jr., the physician who conducted the medical examination on Prescila and
prepared the corresponding medical certificate thereon.
At the time of the
alleged rape, Prescila was 12 years old having been born on 01 May 1982[2]; accused-appellant claimed to be 82 years old at the
time of the commission of the offense, having been born on 12 September 1912.[3] However, no official record or document was
presented or available to ascertain the actual age of accused-appellant.[4]
As gleaned from the
collective narration of the prosecution witnesses, the facts unfold.
Twelve-year-old
Prescila de Vera, a grade three student and only daughter of Rodolfo de Vera
and Myrna Garcia, had been staying with her grandmother Brigida at San Jose,
Aguilar Pangasinan, for a year already prior to the alleged rape.[5]
As a student,
Prescila attended the morning and afternoon school sessions at Anonang
Elementary School[6] located around ten kilometers away from Brigida’s
residence.[7]
On 22 November
1994, as Prescila was passing a ricefield[8] on her way home for lunch, accused-appellant
Austria, whom she refers to as "Lake Anoy,"[9] suddenly accosted her and grabbed her left wrist.
Accused-appellant then drew an eight-inch scythe and despite Prescila’s
resistance and protestations, dragged the girl toward a part of the field where
banana plants abound.[10]
Amid the cover of
vegetation, accused appellant poked his scythe on Prescila’s throat,[11] removed Prescila’s short pants and underwear and –
on pain of death – forbid her to report the incident. Accused-appellant then
removed his short pants, as he was not donning any underwear, laid Prescila
down and, with his finger, fondled Prescila’s vagina,[12] which bled. As accused-appellant commenced to
unleash his lust, the young lass felt pain in her vagina.
Thereafter,
accused-appellant kissed Prescila, mashed her breast and probed his finger into
her vagina. Unsatisfied, accused-appellant touched himself by masturbating his
penis.[13] Then, perched on top of the young girl and while in
the heat of fondling himself, accused-appellant held Prescila’s hand. Prescila
protested, struggled and pushed accused-appellant away causing the latter to
fall down. She attempted to escape but accused-appellant stepped on Prescila’s
foot[14] thus rendering futile her efforts to extricate from
the lecherous advancement of accused-appellant.
Insatiated,
accused-appellant positioned himself on top of Prescila, inserted his penis
into her vagina and worked his way with a "push-and-pull-movement".
Again, Prescila felt pain in her vagina.
Having spent his
lust, accused-appellant stood up, wore his short pants and went away. Feeling
sick, dizzy and devoid of strength, Prescila rested for a while after which she
put on her underwear and proceeded home.[15]
Upon arriving home
and fearing that her grandmother Brigida would whip her, Prescila chose not to
divulge immediately the traumatic event as her grandmother was strict.[16] After the passage of two weeks, however, Prescila,
unable to conceal the ordeal to herself, disclosed the rape incident to her
Aunt Nieves de Vera, who eventually reported the same to Brigida.
At the witness
stand, Prescila testified that she had her menstrual period on the day
accused-appellant ravished her. Further, she described appellant’s
penis—"like a new Peso coin," about an inch in diameter, around four
inches in length and black in color.[17] Prescila categorically declared that prior to the
rape incident she did not have sexual intercourse with anyone[18] and that as a result of the rape, she stopped
attending school for fear of her life.
On 26 December
1994, Dr. Cecilio Guico, Jr., resident physician of the Mangatarem District
Hospital, physically examined Prescila, which test yielded that[19] Prescila’s hymen had old lacerations at "1,3,7
and 9 o’ clock" which could have been caused by a blunt object forcibly
entered into the victim’s vagina.[20] According to the medical report, Prescila’s vagina
was negative for spermatozoa and easily admitted one examining finger.[21] No other external physical injuries were found at
the time of examination which was conducted 34 days after the alleged incident.[22]
In contrast,
accused-appellant principally adopted a two-pronged defense riveted on denial
and impotency. Thus, according to accused-appellant’s testimony, as
corroborated by defense witness Rudy Garcia,[23] around noon of 22 November 1994, accused-appellant
was busy harvesting palay in the ricefield owned by Austria’s nephew
Romualdo Gondayao. As accused-appellant was conversing with Rudy Garcia, who
was then overseeing the mango trees, Prescila, accompanied by another girl,
approached[24] and asked Austria for money.[25] Upon accused-appellant’s refusal to give money,
Prescila grabbed his wallet containing P1,600.00[26] tucked in the right back pocket of his pants.
Accused-appellant then held Prescila’s right hand and recovered the wallet from
her. Thereafter, Prescila retreated and from a distance of five meters,
picked-up and threw hardened soil at accused-appellant hitting his right knee.
Beyond this,
accused-appellant raised the defense of impotency. On the stand,
accused-appellant testified that since reaching the age of 60 years, his penis
is not anymore capable of erection[27] because of his rheumatic condition. Upon reaching
the age of 70, he also claimed to be afflicted with hernia;[28] he cannot anymore run fast because his knees are
already weak.[29]
In its bid for
acquittal, the defense presented Dr. Wilma Flores-Peralta[30] who testified that she examined accused-appellant on
11 January 1995 and found him suffering from Epidideguio Orchites or
"epidition of testicles plus the left tube". According to Dr.
Peralta, the left testicle[31] of accused-appellant was "swollen, larger than
the right and tender". She added that the illness, which is different from
Hernia[32] and caused by viral or bacterial infection,[33] is painful.
During trial, the
court observed and noted that the forefinger, fourth finger and thumb of the
accused are severed from accused-appellant’s right hand. The forefinger is
about an inch in length.[34]
Moreover, the
testimonies of SP02 Luis Padama of the PNP Aguilar Police Station, and
Magdalena Fernandez, daughter of accused-appellant were presented by the
defense. Magdalena testified that on 10 September 1994, she heard Prescila
crying and reporting to her Aunt Nieves that one Sammy Valdez, who was drunk,
dragged Prescila to his house and raped the young girl. Magdalena’s
recollection though was never corroborated.
Similarly, through
the testimony of Magdalena, the defense interjected an angle of personal
vendetta theorizing that the rape charge against accused-appellant could have
been filed due to Magdalena’s refusal to grant Brigida’s request to let the
latter transfer and occupy the former’s land.[35] Brigida is Prescila’s grandmother.
On 31 October 1995,
the trial court rendered a decision convicting accused-appellant, the decretal
portion of which reads:
"Wherefore, in
the light of the considerations discussed above, the court finds and holds the
accused, Mariano Austria alias "Anoy", guilty beyond reasonable doubt
of the crime of rape, defined and penalized under Article 335 of the Revised
Penal Code as amended by Republic Act No. 7659 and conformable thereto,
pursuant to law, hereby sentences the said accused to suffer the penalty of
Reclusion Perpetua and its accessory penalties provided by law and to further
pay the costs of the proceedings.
The court further
orders the accused to indemnify the victim Prescila de Vera the sum of Fifty
Thousand (P50,000.00) Pesos as moral damages without subsidiary imprisonment in
case of insolvency.
SO ORDERED."
Hence, the instant
appeal where the defense ascribed to the trial court the following errors:
I
The trial court
erred in finding the accused-appellant Mariano Austria guilty beyond reasonable
doubt of the crime of rape defined and penalized under Article 335 of the
Revised Penal Code considering that:
A. The conduct of
Prescila De Vera after the supposed rape belie her claim and seriously puts her
credibility in issue;
B. The delay in
reporting the crime was not reasonably explained. Thus, it casts a serious
doubt on the truth of the charge for rape;
C. The prosecution
failed to overcome the presumption of impotence on the part of
accused-appellant Mariano Austria who was already eighty-two (82) years old at
the time of the alleged rape;
D. The prosecution
failed to prove force and intimidation as an element of the crime of rape.
II
The trial court
erred in not giving credence to the testimony of the defense when the version
of the prosecution is incredible failing thus to prove the guilt of the accused
beyond reasonable doubt.
A. The story of
the prosecution is replete with material inconsistencies and fails to discharge
its burden of proof sufficient to warrant a conviction.
As these proffered
arguments are specious, the conviction of accused-appellant Austria necessarily
stands.
Beyond reasonable
doubt, the prosecution’s collective evidence indubitably established not only
the commission of the rape but also accused-appellant’s precise degree of
culpability and guilt therefor. Of equal importance is the glaring fact that
Prescila, in open court, positively identified[36] accused-appellant as the defiler of her virtue.
In an attempt to
evade criminal liability, accused-appellant, in effect, assails the credibility
of Prescila by casting doubts on complainant’s conduct after the
incident and by interposing the issue of delay in reporting the crime.
On this score, we reiterate the long-standing rule in this specie of cases,
that the lone testimony of a rape victim, if credible, is sufficient to sustain
a judgment of conviction.[37] Courts usually lend credence to testimonies of young
girls, especially when the facts point to their having been victims of sexual
assault.[38]
Though insensate,
the records still reveal that at the time accused-appellant ravaged
complainant’s budding womanhood, Prescila, despite her being twelve years old,
was still in grade three having failed grade one thrice and grade two once.[39] Given the naiveté and limited intelligence of the
complainant, we do not believe that she could have fabricated her charges
against accused-appellant, weaving a tale of pure fantasy out of mere
imagination. She does not appear to have such inventiveness.[40]
Neither is it
proper for us to judge the actions of children who have undergone traumatic
experience by the norms of behavior expected under the circumstances from
mature people.[41] Also, it is a matter of judicial cognizance that in
rural areas in the Philippines, young ladies are strictly required to act with
circumspection and prudence, and that great caution is observed so that their
reputation shall remain untainted.[42]
In the course of
trial, the lower court observed that Prescila was sincere and frank in
answering questions propounded to her. At times, Prescila even "shed tears
as she recalled and narrated the harrowing experience and tragedy that befell
upon her." Of judicial cognizance is the fact that the crying of the
victim during her testimony is evidence of the credibility of the rape charge.[43] Likewise, the trial court recognized no "tone
of hesitancy and artificiality in her voice as she testified and narrated how
the accused deflowered her."
To our mind,
Prescila’s testimony is unsoiled by deceptiveness and untouched by the vice of
falsehood. Her story of defloration, woeful as it is, bears the earmarks of
truth; her narration deserves outmost credence and weight, as opposed to accused-appellant’s
self-serving declarations and tale of denial.
As to the alleged
delay, Prescila’s disclosure that she has been raped must not be taken lightly,
as it is not uncommon for a young girl to conceal for some time the assault on
her virtue because of the rapist’s threats on her life, fear of public
humiliation, and/or lack of courage and composure to immediately explain that
she has been sexually assaulted.[44]
For while a
complainant’s act in immediately reporting the commission of rape has been
considered by the Court as a factor strengthening her credibility, delay or
vacillation in criminal accusations does not necessarily impair the
complainant’s credibility if such delay is satisfactorily explained.[45]
In the case before
us, the rueful ordeal that Prescila bitterly experienced in the vicious hands
of accused-appellant, coupled with the fear of disappointing her grandmother
and the serious threats on her life are—without doubt—more than enough to cow a
young girl from immediately articulating the bestiality that miserably visited
her at such blooming age.
To put it
differently, silence is not an odd behavior of a rape victim.[46]
Granting too that
the delay could not be attributed to death threats and intimidation made and
exercised by the accused on the victim, such failure in making a prompt report
to the proper authorities does not destroy the truth per se of the
complaint.[47]
Contrary to
accused-appellant’s arguments, the prosecution clearly showed that force and
intimidation attended the commission of the crime. Thus on the stand, Prescila
narrated how "Lake Anoy", far more advanced in age than her and
formidably armed with a scythe, threatened to snuff out her life if she were not
to bow down to accused-appellant’s salacious desires.
In a decided case,[48] this Court ruled that it is not necessary that force
and violence be employed in rape, intimidation is sufficient, and this includes
the moral kind, i.e., threatening the victim with a knife. Moreover, if the use
of a knife and the threat of death against the victim’s parents was, in People
vs. Pada[49] deemed intimidation sufficient to cow the victim
into obedience, a fortiori, must we, in the instant case, uphold the
presence of force and intimidation, considering that accused-appellant directed
the threats against Prescila—the victim of rape herself.
Consequently, we
consider the aggravating circumstance of deadly weapon[50] in the commission of the rape, contrary to the trial
court’s pronouncement that the scythe " is a necessary implement to earn a
livelihood of the accused (sic) who is a farmer." As can be seen, the
scythe was used by accused-appellant as a tool to intimidate the victim and
facilitate the consummation of this deplorable offense.
Notably,
jurisprudence is replete with cases that threatening the victim with bodily
injury while holding a knife or bolo constitutes intimidation sufficient
to bring a woman to submission to the lustful desires of the molester.[51]
As to the alleged
inconsistencies in Prescila’s testimony, we consider them to be only minor and
trivial so as not to diminish, much less shatter the weight accorded to her
narration concerning the commission of the rape and the identity of the
despicable author thereof—accused-appellant Austria. Besides, Prescila’s charge
is fortified by the evidence on record specifically the medical findings and
testimony of Dr. Cecilio Guico, Jr., that the lacerations found in the victim’s
hymen could have been caused by a blunt object forcibly entered into
Prescila’s vagina.[52]
Obviously, when the
victim’s testimony of her violation is corroborated by the physician’s findings
of penetration, there is sufficient foundation to conclude the existence of the
essential requisite of carnal knowledge.[53]
Arguing on the last
ditch, the defense volunteers that "the prosecution failed to overcome the
presumption of impotence on the part accused-appellant who was already
eighty-two years old at the time of the alleged rape."
This contention is
dissident to settled jurisprudence.
Clearly, the
presumption had always been in favor of potency.[54] Stated differently, impotency—the physical inability
to have sexual intercourse—is considered an abnormal condition and should not
be presumed, thus: [55]
"Impotence,
in Medical Jurisprudence—Inability
on the part of the male organ of copulation to perform its proper function.
Impotence applies only to disorders affecting the function of the organ of
copulation XXX (Dennis, System of Surgery; Bouvier’s Law Dictionary, Rawle’s
Third Revision, Vol. II, p. 1514);
"Impotence.
3. Law &
Med. Incapacity for sexual intercourse." (Websters New International
Dictionary, Second Edition, Unabridged, p. 1251).
"Impotency
or Impotence—Want of power
for copulation, not mere sterility. The absence of complete power of copulation
is an essential element to constitute impotency. (31 C.J. p. 259)."
In rape cases,
impotency as a defense must be proven with certainty to overcome the presumption
in favor of potency.[56] Under the present circumstances, the evidence
proffered by the defense failed to discharge such burden, inasmuch as the very
testimony of Dr. Wilma Flores-Peralta repudiates the claim that
accused-appellant could not have performed the sexual act.
Although Dr.
Peralta’s findings prove that accused-appellant was afflicted with "Epidideguio
Orchites", such piece of evidence however does not categorically
conclude, nor even hint that Austria was sexually impotent. The evidence on
this point is wanting.
Assuming further
that accused-appellant was 82 years old as he claimed he was at the time of the
commission of the crime, his advanced age does not ipso facto mean that
sexual intercourse is no longer possible, as age is not a criterion taken alone
in determining sexual interest and capability in middle-aged and older people.[57] Moreover, as in People vs. De Guzman[58], the protestations of accused-appellant that he
could not have raped the complainant because he was already old at that time
are belied by his physical condition.
To this end, the
trial court had these words to describe accused-appellant Austria:[59]
"During the
trial of the case, the court had occasion to observe the movements of the
accused and found him still strong, agile and capable of committing sexual act.
In fact, it has been established during the trial that Mariano Austria could
still work in the farm and was harvesting palay at the time the incident
happened. The court also entertains serious doubts that the accused is 83 years
old. His physical built, appearance and movements strongly negate the assertion
of the defense that Mariano Austria is 83 years old."
Notwithstanding, we
consider accused-appellant’s old age to mitigate his liability.[60]
As to the proper
penalty, where appellant committed the rape with the use of a deadly weapon,
the law provides that the range of penalty imposable on him shall be the
indivisible penalties of reclusion perpetua to death.[61]However, in view of the mitigating circumstance of
his age and pursuant to Article 63 of the Revised Penal Code, the lesser
penalty of reclusion perpetua shall be meted to him.
One last note. The
records show that at the time of the rape, Prescila had her menstrual period.
Regardless, the presence or absence of menstruation does not negate the crime
of rape nor render its execution impossible;[62] lust, after all, manifests no reverence for
occasion, location or the victim’s condition.
For lechery is a
beast that knows no master; it is an ogre that cradles no conscience.
WHEREFORE, the decision appealed from is AFFIRMED with the
MODIFICATION, that in addition to the P50,000.00 awarded as moral damages,[63] he is ordered to pay the victim the sum of
P50,000.00 as civil indemnity[64] plus costs of the proceedings.
SO ORDERED.
Bellosillo,
(Chairman), Mendoza, Quisumbing, and
De Leon, Jr., JJ., concur.
[1] Records, p.1.
[2] Certification from the Local Civil Registrar of
Baliwag, Bulacan , Exhibit A; Records, p..
[3] TSN, 07 June 1995, p.2.
[4] Certification,
dated 27 June 1995, issued by the Office of the Civil Registrar General, that
civil registry records of births for the year 1912 are not available, Exhibit
3, Records, p. 57;
Certification, dated 05
July 1995, issued by the Archives Division, Records Management and Archives
Office, that the Register of Births for the Municipality of Aguilar, Pangasinan
for the year 1912, is not on file with said office, Exhibit 4, Records, p. 58.
[5] TSN, 10 April 1995, p. 2.
[6] Ibid., p.10.
[7] Ibid., p.2.
[8] Ricefield owned by accused-appellant’s nephew,
Romualdo Gondayao.
[9] Ibid., p.4. ; "Lake" which means
grandfather, in the local dialect.
[10] TSN, 10 April 1995, p. 7.
[11] Ibid.
[12] Ibid., p.6.
[13] Ibid.
[14] TSN, 10 April 1995, p.26.
[15] Ibid., p. 7.
[16] Ibid., p.8.
[17] Ibid., p. 31.
[18] Ibid., p. 9.
[19] Medico-Legal Certificate, dated 27 December 1994;
Exhibit D.
[20] TSN, 05 April 1995, p. 4.
[21] Exhibit D.
[22] TSN, 05 April 1995, p.5.
[23] TSN, 20 April 1995.
[24] TSN, 07 June 1995, p.4.
[25] Ibid., p. 5.
[26] Ibid., p. 20.
[27] Ibid., p. 6.
[28] Ibid., p.7.
[29] Ibid., p. 8.
[30] TSN, 31 July 1995.
[31] Ibid., p. 8.
[32] Ibid., p. 8.
[33] Ibid., p. 5.
[34] TSN, 10 April 1995.
[35] TSN, 04 May 1995, p. 7.
[36] TSN, 10 April 1995, p. 4.
[37] People vs. Quitoriano, 266 SCRA 373 (1997)
[38] People vs. Devilleres, 269 SCRA 716 (1997)
[39] TSN, 10 April 1995, Re-direct Examination of
Prescila.
[40] People vs. Baao, 142 SCRA 476 (1986)
[41] People vs. Tadulan, 271 SCRA 233 (1997)
[42] People vs. Travero, 276 SCRA 301 (1997)
[43] People vs. Mitra, G.R. No. 130669, 27 March 2000;
People vs. Ramos, 296 SCRA 559 (1998), citing People vs. Joya, et
al., 227 SCRA 9.
[44] People vs. Adora, 275 SCRA 441 (1997)
[45] People vs. Bahuyan, 238 SCRA 330 (1994);
People vs. Devilleres, 269 SCRA 716 (1997)
[46] People vs. Dones, 254 SCRA 696 (1996)
[47] People vs. Sagun, 303 SCRA 382 (1999)
[48] People vs. Salazar, 258 SCRA 55 (1996)
[49] 261 SCRA 773 (1996)
[50] Article 335 of the Revised Penal Code, as amended by
Republic Act 7659, provides in part that, " whenever the crime of rape is
committed with the use of a deadly weapon… the penalty shall be reclusion
perpetua to death."
[51] People vs. Mitra, G.R. No 130669, 27 March 2000;
People vs. Reynaldo, 291 SCRA 701 (1998), citing People vs. Roll,
200 Phil. 665; People vs. Espinoza, 317 Phil 79 (1995), citing People vs.
Adlawan, Jr. 217 SCRA 489 (1993)
[52] TSN, 05 April 1995, p. 4.
[53] People vs. Oarga, 259 SCRA 90 (1996), citing
People vs. Castillo, 197 SCRA 657 (1991)
[54] People vs. Olmedillo, 116 SCRA 193 (1982)
[55] Menciano vs. Neri San Jose, 89 Phil. 63,70
(1951)
[56] People vs. Bahuyan, 238 SCRA 330 (1994),
citing People vs. Palma, 144 SCRA 236 (1986)
[57] Dickinson, Robert Latou, Human Sex Anatomy. Second
Edition , Baltimore, The Wiliams & Wilkins Company, 1949, cited in People vs.
Bahuyan, 238 SCRA 330.
[58] 217 SCRA 395 (1993)
[59] Decision, dated 31 October 1995, in Criminal Case No.
L-5239.
[60] Article 13, par 2, Revised Penal Code:" 2. That
the offender is under eighteen years of age or over seventy years. XXX"
[61] People vs. Ponayo, 261 SCRA 61 (1996)
[62] People vs. Acabo, 259 SCRA 75 (1996)
[63] People vs. Laray, 253 SCRA 654 (1996)
[64] People vs. Adora, 275 SCRA 441 (1997); People vs.
Caballes, 274 SCRA 83 (1997)