EN BANC
[G.R. No. 141125.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JEFFREY GARCIA y CARAGAY and THREE JOHN DOES, accused.
JEFFREY GARCIA y CARAGAY, accused-appellant.
D E C I S I O N
PER CURIAM:
This is an automatic review pursuant to Article 47 of the Revised
Penal Code, as amended by Section 22 of Republic Act No. 7659, of the decision
of the Regional Trial Court of Baguio City, Branch 6,
dated October 28, 1999, convicting accused-appellant Jeffrey Garcia y Caragay of Forcible Abduction with Rape and three counts of
Rape, and sentencing him to death. [1]
The victim, Cleopatra Changlapon, was
nineteen years old and a sophomore student of B.S. Physical Therapy at the
When Cleopatra came to, she was inside a room. She was totally
undressed and was lying flat on her back on a bed. In the room with her were
four men. One of them, who had
After the Bombay-looking man finished having sexual intercourse
with Cleopatra, accused-appellant took his turn and went on top of her. One of
the men sat on her right leg and pinned it down, while another held her left
leg. Cleopatra tried to punch accused-appellant with her right hand, but the
Bombay-looking man held her right arm. Accused-appellant then had sexual
intercourse with her while holding her left arm. [4]
The third man, whom Cleopatra noted had pimples on his face, went
on top of her. The Bombay-looking man was still holding her right arm, while
the man on top of her held her left arm. She tried to close her legs but
someone hit her right thigh, which forced her to keep her legs apart. The third
man with pimples succeeded in having carnal knowledge of her. [5]
The fourth man was next in raping Cleopatra. By that time, she
was feeling helpless and was too tired to struggle. As the fourth man was
having sexual intercourse with her, she saw the Bombay-looking man burning her
panties with a lighted cigarette. She closed her eyes and heard the men
laughing. After the fourth man finished raping her, he got up. She felt dizzy
and her private parts were aching. She opened her eyes and tried to move, but
accused-appellant hit her on the abdomen. [6]
One of the men again sprayed something on Cleopatra’s face which
made her vision blurred. She heard somebody say that it was
Her aunt, Rufina Angog,
saw Cleopatra alight the taxi crying. She also noticed that Cleopatra’s clothes
were inverted and she smelled bad. She woke up Cleopatra’s brothers and cousins.[9] They asked her what happened. Cleopatra just
kept crying and was unable to talk. After some time, when she was able to
regain her composure, she told them that she had been raped by four men. [10]
The following day,
In his Medico-Legal Report, Dr. Villaseñor wrote the following findings:
FINDINGS:
General and Extra-genital:
Fairly nourished, fairly developed coherent female subject. Breasts are hemispherical with light brown areola and nipples from which no secretion could be pressed out. Abdomen is soft and flabby.
The following are the injuries noted:
1. Second degree burns, mental region, measuring 1.3.1cm, 3cm from the anterior midline.
2. Second degree burns, left supra-mammary region, measuring 1 x 1cm, 8cm from the anterior midline.
3. Second degree burns, left supra-mammary region, measuring 0.6x0.6 cm, 8.5cm from the anterior midline.
4. Second degree burns, left hypothenar region, measuring 1x0.5cm, 7cm from the posterior midline.
5. Second degree burns, left middle 3rd of the left thigh, measuring 2x1cm, 13cm from the anterior midline.
6. Second degree burns, middle 3rd of the right thigh, measuring 1x 1cm, 10cm from the anterior midline.
7. Contusion, left mammary region, measuring 3x1cm, 5cm from the anterior midline.
8. Contusion, right mammary region, measuring 1x1cm, 9cm from the anterior midline.
9. Contusion, middle 3rd of the right arm, measuring 5x3cm, 3cm from the anterior midline.
10. Contusion, middle 3rd of the right thigh, measuing 6x4cm, 3cm from the anterior midline.
11. Hematoma, left zygomatic region, measuring 4x4cm 7cm from the anterior midline.
There is tenderness on the mammary region, both thighs and at the abdominal region.
Genital:
There is abundant growth of pubic hair. Labia majora
are full convex, gaping, with the congested abraded labia minora
presenting in between. On separating the same is disclosed a congested hymen
with shallow fresh lacerations at 7, 8 and
C O N C L U S I O N :
Findings are compatible with recent loss of virginity.
Barring unforeseen complications, it is estimated that the above injuries will resolve in 14-15 days.
R E M A R K S :
Vaginal and peri-urethral smears are
negative for gram (-) diplococci and POSITIVE for
spermatozoa. [11]
The panties that Cleopatra was wearing was also submitted to the
Crime Laboratory for examination. Dr. Villaseñor
found cigarette burns and seminal stains, [12] as well as stains of blood on the panties. [13] The Medico-Legal Report states:
SPECIMEN SUBMITTED:
Specimen “A” - One (1) white printed panty with cigarette burns and with suspected seminal stains.
xxx xxx xxx.
F I N D I N G S :
Biochemical examination conducted on the above-mentioned specimen gave POSITIVE result to the test for the presence of seminal stains.
C O N C L U S I O N :
Specimen “A” revealed the presence of seminal stains. [14]
On
Meanwhile, accused-appellant was arrested at
The cartographic sketches were published in the Sun-Star
newspaper. Police Officers Gilbert Bulalit and
Archibald Diaz saw the sketches and noticed that one of the suspects depicted
in the cartographic sketch bore a striking resemblance to accused-appellant,
who was in their custody. [17] On
PO1 Bulalit brought accused-appellant
to the office upstairs. When Cleopatra saw accused-appellant face to face, she
started to tremble and cry. Then she tried to attack him but she was restrained
by the police officers. [20] On the same day, Cleopatra gave a
supplemental statement to the police, confirming her identification of
accused-appellant as one of her rapists.[21]
Inquest proceedings followed in due course. [22]
On
That on or about the 14th day of July, 1998, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, conspiring, confederating and mutually aiding one another, did then and there willfully, unlawfully and feloniously, and by means of force and intimidation abduct CLEOPATRA CHANGLAPON, 19 years old, by dragging her inside a van and taking her to Tam-awan Village, Baguio City, against her will and with lewd design, and once inside a house, had carnal knowledge of her, also by means of force and intimidation and against her will.
CONTRARY TO LAW. [23]
The information was docketed as Criminal Case No. 15805-R of the
Accused-appellant testified that he spent the whole day of
Catherine Faith Madella was among those
who visited accused-appellant in the evening of
Joy Tabinas likewise testified that on
On
WHEREFORE, the Court Finds the Accused Jeffrey Garcia guilty beyond reasonable doubt of the complex crime of Forcible Abduction with Rape and likewise of the three (3) crimes of rape in conspiracy with three (3) others whose identities and whereabouts are yet unknown as charged in the Information and hereby sentences him to the supreme penalty of DEATH in each of the 4 offenses aforementioned; to indemnify the offended party, Cleopatra Changlapon, the sum of One Hundred Forty Six Thousand, One Hundred Twenty Five Pesos and Seventy Five Centavos (P 146,125.75) as actual damages and Fifty Thousand Pesos as moral damages without subsidiary imprisonment in case of insolvency and to pay one fourth (1/4) of the costs.
The police authorities are directed to exert all efforts to identify and arrest the three other accused whose identities and whereabouts are yet unknown.
Meantime, pending their arrests, the case is Archived in respect to the three (3) other accused whose identities and whereabouts are yet unknown to be revived upon their arrest.
SO ORDERED. [29]
In his Brief, accused-appellant raises the following errors:
I
THE COURT A QUO GRAVELY ERRED IN FINDING HEREIN ACCUSED-APPELLANT JEFFREY GARCIA Y CARAGAY GUILTY BEYOND REASONABLE DOUBT FOR THE COMPLEX CRIME OF FORCIBLE ABDUCTION WITH RAPE AND FOR THREE (3) COUNTS OF RAPE ALLEGEDLY COMMITTED IN CONSPIRACY WITH THREE (3) OTHERS WHOSE IDENTITIES AND WHEREABOUTS ARE STILL UNKNOWN.
II
THE COURT A QUO GRAVELY ERRED IN NOT GIVING SCANT CONSIDERATION TO THE THEORY OF THE DEFENSE THAT ACCUSED-APPELLANT JEFFREY GARCIA Y CARAGAY IS ONLY A LOOK-ALIKE OF THE REAL CULPRIT.
III
THE COURT A QUO GRAVELY ERRED IN FINDING THAT CLEOPATRA CHANGLAPON
HAD POSITIVELY IDENTIFIED JEFFREY GARCIA Y CARAGAY AS ONE OF THOSE WHO ABDUCTED
AND RAPED HER. [30]
Accused-appellant assails his conviction based on complainant’s
identification. According to him, the identification was improperly suggested
by the police. We are not persuaded. Based on our own review of the records of
this case, we find that complainant was neither influenced nor induced by the
police to point to accused-appellant as one of her molesters. On the contrary,
the transcripts convincingly show that complainant was left to freely study the
faces of the thirty or more inmates on the basketball court below to see
whether she recognized any of them. [31] There was no suggestion from the police to
point to the new detainee, who had just been arrested on another rape charge.
Owing to the gravity of the crime and penalty involved, we have meticulously studied the testimony of complainant Cleopatra Changlapon and find it to be clear, straightforward and categorical. The details of her narration are consistent on all material points. Her actions throughout her ordeal correspond to normal human behavior. We take particular note of her natural and spontaneous reaction of crying and attacking her molester when brought before her face to face. The records also eloquently exhibit that she repeatedly cried throughout her testimony. All of these actuations bear the ring of truth and deserve full faith and credit.
More importantly, complainant’s narration of the events is well
substantiated by the physical evidence. The second degree burns found on her
face, chest and thighs prove that she was indeed burned with lighted cigarettes
whenever she attempted to fight her assailants. The medico-legal officer
confirmed that they were consistent with cigarette burns. [32]
Furthermore, the contusions found on
her body were said to be caused by a blunt instrument like a closed fist. [33] This confirms her testimony that she was
repeatedly hit to stop her from struggling. The medico-legal officer placed the
time of infliction of the external physical injuries on complainant within the
last twenty-four hours. [34] The findings on her genitals --- namely the
gaping labia majora, the congested and abraded labia minora, and the lacerations --- all suggest the entry of a
foreign object, such as a fully erect male organ. [35] Finally, the presence of spermatozoa further
confirms that complainant recently had sexual intercourse. [36]
In the face of complainant’s positive and categorical declarations that accused-appellant was one of her rapists, accused-appellant’s alibi must fail.
It is a well-settled rule that positive identification of the
accused, where categorical and consistent and without any showing of ill motive
on the part of the eyewitness testifying on the matter, prevails over alibi and
denial which if not substantiated by clear and convincing evidence are negative
and self-serving evidence undeserving of weight in law. [37]
Furthermore, in order that the defense of alibi may prosper,
accused-appellant must establish not only that he was somewhere else when the
crime was committed but also that it was physically impossible for him to have
been at the scene of the crime at the time it was committed. [38]
In the case at bar, the place of
commission of the rapes --- somewhere between Tam-awan
and Longlong --- and the boarding house where
accused-appellant alleged he was in the evening of July 14, 1998, are both
situated within Baguio City. The distance between
Tam-awan and
Indeed, as pointed out by the trial court, accused-appellant’s
witnesses failed to account for his whereabouts after
The trial court, therefore, did not err in convicting
accused-appellant of the complex crime of forcible abduction with rape. The two
elements of forcible abduction, as defined in Article 342 of the Revised Penal
Code, are: (1) the taking of a woman against her will and (2) with lewd
designs. The crime of forcible abduction with rape is a complex crime that
occurs when there is carnal knowledge with the abducted woman under 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 or is demented. [39]
In the case at bar, the information sufficiently alleged the elements of forcible abduction, i.e., the taking of complainant against her against her will and with lewd design. It was likewise alleged that accused-appellant and his three co-accused conspired, confederated and mutually aided one another in having carnal knowledge of complainant by means of force and intimidation and against her will.
Aside from alleging the necessary elements of the crimes, the
prosecution convincingly established that the carnal knowledge was committed
through force and intimidation. Moreover, the prosecution sufficiently proved
beyond reasonable doubt that accused-appellant succeeded in forcibly abducting
the complainant with lewd designs, established by the actual rape. [40]
Hence, accused-appellant is guilty of the complex crime of
forcible abduction with rape. He should also be held liable for the other three
counts of rape committed by his three co-accused, considering the clear
conspiracy among them shown by their obvious concerted efforts to perpetrate,
one after the other, the crime. As borne by the records, all the four accused
helped one another in consummating the rape of complainant. While one of them
mounted her, the other three held her arms and legs. They also burned her face
and extremities with lighted cigarettes to stop her from warding off her
aggressor. Each of them, therefore, is responsible not only for the rape
committed personally by him but for the rape committed by the others as well. [41]
However, as correctly held by the trial court, there can only be
one complex crime of forcible abduction with rape. The crime of forcible
abduction was only necessary for the first rape. Thus, the subsequent acts of
rape can no longer be considered as separate complex crimes of forcible
abduction with rape. They should be detached from and considered independently
of the forcible abduction. Therefore, accused-appellant should be convicted of
one complex crime of forcible abduction with rape and three separate acts of
rape. [42]
The penalty for complex crimes is the penalty for the most
serious crime which shall be imposed in its maximum period. Rape is the more
serious of the two crimes and, when committed by more than two persons, is
punishable with reclusion perpetua to death
under Article 266-B of the Revised Penal Code, as amended by Republic Act No.
8353. Thus, accused-appellant should be sentenced to the maximum penalty of
death for forcible abduction with rape. [43]
As regards the other three acts of rape, accused-appellant can
only be sentenced to reclusion perpetua. The
trial court appreciated the aggravating circumstances of nighttime, superior
strength and motor vehicle. However, these were not alleged in the information.
Under the amended provisions of Rule 110, Sections 8 and 9 of the Revised Rules
on Criminal Procedure, which took effect on
Anent the matter of damages, the trial court correctly awarded
the amount of P50,000.00 as moral damages. This was justified by complainant’s
emotional and physical suffering, as narrated in her testimony. [45]
Notably, the prosecution successfully
proved that complainant lost her virginity during the rape. [46] As she narrated, virginity is a highly
regarded virtue among the people of Kalinga. [47]
However, the trial court failed to award civil indemnity to the
complainant. We have ruled that if rape is committed or qualified by any of the
circumstances which authorize the imposition of the death penalty, the civil
indemnity shall be not less than P75,000.00. [48] For the other three counts of simple rape,
where the proper penalty is reclusion perpetua, accused-appellant
is liable for civil indemnity in the amount of P50,000.00 for each count. [49]
We also find that the actual damages awarded by the trial court
was well substantiated. Complainant presented the required receipts for her
medications, transportation and other expenses. [50] Complainant testified that as a member of the
Kalinga tribe, she had to undergo the korong and songa
rituals, wherein they had to butcher several chickens, pigs, and carabaos, thereby incurring total expenses of P90,000.00. [51] These rituals were intended for
complainant’s safety and to call on the tribe’s spirits so that no more
violence or misfortune may befall her. [52] The grand total of all these actual
expenses, including those for medicines and transportation, as duly proved by
the receipts and computations presented in evidence, is P 146,125.75, [53] the amount awarded by the trial court.
WHEREFORE, based on the foregoing, the Decision of the Regional Trial Court of Baguio City, Branch 6, in Criminal Case No. 15805-R, convicting accused-appellant Jeffrey Garcia y Caragay of one count of Forcible Abduction with Rape and three counts of Rape, is AFFIRMED with MODIFICATIONS. As modified, accused-appellant is sentenced to suffer the penalty of Death for the complex crime of Forcible Abduction with Rape and Reclusion Perpetua for each of the three counts of rape. Further, accused-appellant is ordered to pay complainant Cleopatra Changlapon the amounts of P146,125.75 as actual damages, P75,000.00 as civil indemnity and P50,000.00 as moral damages. Costs against accused-appellant.
In accordance with Article 83 of the Revised Penal Code, as amended, upon finality of this Decision, let the records of this case be forwarded to the Office of the President for possible exercise of pardoning power or executive clemency.
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Puno, Vitug, Kapunan,
Mendoza, Panganiban, Quisumbing,
Buena, Ynares-Santiago, De Leon, Jr.,
Sandoval-Gutierrez, and Carpio, JJ., concur.
[1] Penned by Judge
Ruben C. Ayson.
[2] TSN,
[3] Ibid., pp. 8-16.
[4] Ibid., pp.
17-20.
[5] Ibid., pp.
20-22.
[6] Ibid., pp.
22-24.
[7] Ibid., pp.
24-25.
[8] Ibid., pp.
28-34.
[9] Ibid., pp.
34-35.
[10] TSN,
[11] Exh.
"D".
[12] Exh.
"E-1"; TSN,
[13] Exh.
"H-1"; TSN,
[14] Exh.
"E".
[15] Exhs.
"M", "N". "O", "Q".
[16] Exh.
"R".
[17] TSN,
[18] TSN,
[19] TSN,
[20] TSN,
[21] Exh.
"S".
[22] Docketed as I.S. No.
98-3868.
[23] Rollo,
p. 14.
[24] TSN,
[25] Ibid., p. 14.
[26] TSN,
[27] TSN,
[28] TSN,
[29] Rollo,
p. 74.
[30] Ibid., pp.
97-98.
[31] TSN,
[32] TSN,
[33] Ibid., pp.
50-53.
[34] TSN,
[35] Ibid., pp.
54-56.
[36] Exh.
"D".
[37] People v.
Mantes, G.R. No. 138914,
[38] People v. Vista, G.R. No. 137369,
[39] People v. Lacanieta,
G.R. No. 124299
[40] People v. De Lara, G.R. No. 124703,
[41] People v. Quiñanola,
G.R. No. 126148,
[42] People v. Velasquez, G.R. No.
137383-83,
[43] Three justices of
the Court have continued to maintain the unconstitutionality of Republic Act
No. 7659 insofar as it prescribes the death penalty; nevertheless they submit
to the ruling of the majority to the effect that this law is constitutional and
that the death penalty can be lawfully imposed in the case at bar.
[44] People v. Ramirez, G.R. No. 136094,
[45] TSN,
[46] Exh.
"D-3"; TSN,
[47] TSN,
[48] People v. Thamsey,
G.R. No. 144179,
[49] People v. Nubla,
G.R. No. 137164, June 19, 2001; People
v. Galas, G.R. Nos. 139413-15, March 20, 2001.
[50] Exhs.
"U" to "U-26".
[51] TSN,
[52] TSN,
[53] Exhs.
"T" to "T-2".