FIRST DIVISION
PEOPLE
OF THE |
G.R. No. 181591 |
Appellee, |
|
-versus- |
Present: PUNO, C.J.,
Chairperson, CARPIO MORALES, LEONARDO-DE CASTRO, BERSAMIN,
and VILLARAMA,
JR., JJ. |
CHRISTOPHER
DE JESUS, |
|
Appellant. |
Promulgated:
January
21, 2010 |
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D E C I S I O N
CARPIO
MORALES, J.
By Decision[1] of
The
Information against appellant reads:
That on or about the 5th day of April, 1999, in the municipality of Malolos, [province of] Bulacan, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, armed with a kitchen knife, and by means of force and intimidation, did then and there willfully, unlawfully and feloniously, with lewd designs, have carnal knowledge of one AAA, against her will and without her consent.
The
following facts are not controverted.
At past
In the afternoon also of April 5,
1999, AAA executed a sworn statement before the local police in Malolos,
Bulacan giving details of how she was raped by the then liquor-smelling appellant
including his poking of a knife at her and threatening to kill her and her
children if she shouted. Still in the
afternoon also of
Findings:
The victim is in lean physical built, coherent female, the breast, hemispherical, dark brown areola, the abdomen is flat. No signs of physical injury.
The pubic hair is moderate, labia
majora, coaptated and full, light pinkish, labia minora. Hymenal remnant at
both lateral abrasion and laceration deep fresh and superior border at 3,
Conclusion:
Hymenal remnane at both lateral and
superior border abrasion and laceration deep fresh at 3,
Hence,
the filing of the Information for rape against appellant before the Regional
Trial Court (RTC) of Malolos.
Denying
the charges and interposing the “sweetheart” defense, appellant gave the
following version:
After drinking in the afternoon of
Appellant
surmised that AAA filed the rape complaint against him as he did not accede to
her desire to elope with him.
Branch
78 of the RTC of Malolos, finding that force and intimidation attended
appellant’s sexual congress with AAA, viz:[6]
x x x x
The accused’s use of a fan knife poked at the complainant before and during the sexual abuse constitutes sufficient force as contemplated under Article 335. The accused even went beyond employing force, he likewise intimidated the complainant by threatening to kill her and her children should she shout or make any noise.[7]
x x x x (emphasis and underscoring supplied),
convicted appellant, disposing as
follows:
WHEREFORE, the foregoing considered, this Court hereby finds accused Christopher de Jesus alias Tuping GUILTY beyond reasonable doubt of the crime of Rape defined and penalized under the provisions of Art. 266-A and Art. 266-B of the Revised Penal Code, as amended by Republic Act No. 7659 and sentences him to suffer the penalty of Reclusion Perpetua and to pay private complainant AAA the amount of Fifty Thousand Pesos (P50,000.00) as moral damages and Fifty Thousand Pesos (P50,000.00) as ex-delicto damages. With cost.
SO ORDERED.[8] (emphasis in the original)
On
appellant’s filing of a notice of appeal, the Court referred the case to the
Court of Appeals by Resolution of
By
Decision[10] of
It is a time-honored doctrine that the trial court’s assessment of the credibility of a witness is entitled to great weight on appeal. The reason therefor is that the trial judge enjoys the peculiar advantage of observing first-hand the deportment of the witnesses while testifying and is, therefore, in a better position to form accurate impressions and conclusions on the basis thereof.
x x x x
No woman would concoct a story of defloration, allow an examination of her private parts, and thereafter pervert herself by being subjected to a public trial, especially in the present case where X had minor children to protect, if she was not motivated solely by the desire to have the culprit apprehended and punished.[11] (emphasis and underscoring supplied)
Hence,
the present appeal.
By Resolution of
The
appeal fails.
That AAA on the same day of the
incident at once reported it to her sister, to the barangay captain, and to the
police before which she executed a sworn statement, claiming early on that she
was, without her consent and by force and threats, ravished by appellant, and
that she, also on the same day of the incident, subjected herself to physical
examination which showed that she had fresh laceration in her vagina readily
convince that she was, as she claimed, raped.
Upon the other hand, appellant’s tale
of how the incident came about -- on seeing AAA, his girlfriend of
five months, as he went down AAA’s house to relieve himself, he and she, on her
initiative, had sexual intercourse in the course of which she suggested that they
elope but he declined -- is shallow, if not incredulous. A young mother, initiating having sexual
intercourse with a liquor-smelling man and then suggesting eloping with him to
thus leave her two minor children behind is contrary to the common nature and experience
of man.
IN
FINE, appellant failed to overcome the evidence presented by the
prosecution that he is guilty beyond reasonable doubt.
WHEREFORE, the Decision of
SO
ORDERED.
CONCHITA
CARPIO MORALES
Associate Justice
WE
CONCUR:
REYNATO S. PUNO
Chief Justice
Chairperson
TERESITA
J. LEONARDO-DE CASTRO Associate Justice |
LUCAS P. BERSAMIN Associate Justice |
MARTIN S. VILLARAMA, JR.
Associate Justice
CERTIFICATION
Pursuant to Section 13, Article VIII
of the Constitution, I certify that the conclusions in the above decision had
been reached in consultation before the case was assigned to the writer of the
opinion of the Court’s Division.
REYNATO S. PUNO
Chief Justice
[1] Penned by Associate Justice Aurora Santiago-Lagman with the concurrence of Associate Justices Bienvenido L. Reyes and Apolinario D. Bruselas, Jr.
[2] The Court shall withhold the real
name of the victim and shall use fictitious initials instead to represent her.
Likewise, the personal circumstances of the victims-survivors or any other
information tending to establish or compromise their identities, as well as
those of their immediate family or household members, shall not be disclosed. (People
v. Cabalquinto, G.R. No. 167693,
[3] Records, “Biological Science Report No. NR-055-99 offered by the prosecution in its Formal Offer of Evidence as Exhibit B,” p. 265.
[4] TSN,
[5] Ibid.
[6] RTC Decision of
[7]
[8]
[9] G.R. Nos. 147678-87,
[10] Vide note 1.
[11] Rollo, pp. 9-10.
[12]