PEOPLE OF THE
Appellee,
Present:
VELASCO, JR., J., Chairperson,
- versus - PERALTA,
ABAD,
VILLARAMA, JR.,* and
MENDOZA, JJ.
ALEJO TAROY y
TARNATE,
Appellant. Promulgated:
September 7, 2011
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ABAD, J.:
Apart from the question of credibility
of testimonies in a prosecution for rape, this case resolves the question of
proof of the territorial jurisdiction of the trial court.
The Facts and the Case
The public prosecutor charged Alejo
Taroy y Tarnate (Taroy) with two
counts of rape in Criminal Cases 02-CR-4671 and 02-CR-4672 before the Regional
Trial Court (RTC) of La Trinidad, Benguet.[1]
DES[2]
was the eldest daughter of MILA[3] by
her first marriage. MILA married Taroy
in 1997 upon the death of her first husband.[4] The couple lived with MILAs children in
Pucsusan Barangay, Itogon, Benguet,
at the boundary of
DES testified that she was alone in
the house on August 10, 1997 doing some cleaning since her mother was at work
and her two siblings were outside playing.
When Taroy entered the house, he locked the door, closed the windows,
removed his clothes, and ordered DES to remove hers. When she resisted, Taroy poked a knife at her
head and forced her to submit to his bestial desires. Taroy warned her afterwards not to tell
anyone about it, lest MILA and her siblings would suffer some harm. DES was 10 years old then.[6]
DES testified that Taroy sexually
abused her again in September 1998. This
time, he entered her room, locked the door, closed the windows, undressed
himself, and ordered her to do the same.
When she refused, Taroy pointed a knife at her. This compelled her to yield to him.
Four years later or on November 1, 2002, when DES was 15, she told her
aunt and MILA about what had happened between Taroy and her. They accompanied DES to the National Bureau
of Investigation to complain.
MILA and a certain Alumno testified
that they later accompanied DES to the hospital for examination. MILA corroborated DES testimony regarding
how she revealed to her and an aunt the details of the rape incidents. The doctor who examined DES testified that the
latter had two narrow notches in her hymen at three oclock and five oclock
positions. She explained that these
notches or V-shaped or sharp indentions over the hymenal edges suggested a
history of previous blunt force or trauma possibly caused by the insertion of
an erect male penis.
For the defense, Taroy denied raping DES
on the occasions mentioned. He averred
that the testimony was a fabrication made upon the prodding of her aunt who
disliked him.
The RTC found Taroy guilty of two counts
of rape and sentenced him to suffer the penalty of reclusion perpetua. It also ordered
him to pay DES for each count: P75,000.00 as civil indemnity, P75,000.00
as moral damages, and P25,000.00 as exemplary damages.[7] The RTC found the testimony of DES credible
and worthy of belief.
Taroy challenged the Benguet RTCs jurisdiction over the crimes charged,
he having testified that their residence when the alleged offenses took place
was in Pucsusan Barangay,
On January 19, 2010 the Court of
Appeals (CA) affirmed the decision of the RTC.[8] The CA gave weight to the RTCs assessment of
DES credibility and found no evil motive in her. The CA also held that the prosecution has
sufficiently established the jurisdiction of the RTC through the testimony of MILA,
DES, and Alumno. Taroy seeks his
acquittal from this Court.
The Issues Presented
The issues presented to the Court are:
1. Whether or not the RTC of La Trinidad, Benguet, has
jurisdiction to hear and decide the cases of rape against Taroy; and
2. Whether or not the prosecution has proved his guilt in the two
cases beyond reasonable doubt.
The Courts Rulings
One.
Venue is jurisdictional in criminal
cases. It can neither be waived nor
subjected to stipulation. The right
venue must exist as a matter of law.[9] Thus, for territorial jurisdiction to attach,
the criminal action must be instituted and tried in the proper court of the
municipality, city, or province where the offense was committed or where any of
its essential ingredients took place.[10]
The Informations[11]
filed with the RTC of La Trinidad state that the crimes were committed in the
victim and the offenders house in City Limit, Tuding,
Two.
What is
necessary for the prosecution to ensure conviction is not absolute certainty
but only moral certainty that the accused is guilty of the crime charged.[14] Here, the prosecution has sufficiently proved
the guilt of Taroy beyond reasonable doubt.
DES testimony is worthy of belief, she having no ill-motive to
fabricate what she said against her stepfather.
More, contrary to the claims of Taroy, there is nothing in the testimony
of DES that would elicit suspicion as to the veracity of her story. For one thing, the fact that she did not
shout for help or resist the sexual advances of Taroy does not disprove the
fact that he raped her. Women who
experience traumatic and terrifying experiences such as rape do not react in a
uniform pattern of hysteria and breakdown.
Lastly, there is nothing unusual for DES to remain in the family dwelling
despite the incidents that had happened to her.
She was just a child. Where else would
she go except stay with her mother who happened to be married to the man who
abused her?
While we do affirm the guilt of Taroy for the crime of rape, we modify
the award of exemplary damages in accordance with People v. Araojo.[15] The prosecution has sufficiently established
the relationship of Taroy to the victim, as well as the minority of DES
necessitating the increase of the award of exemplary damages from P25,000.00
to P30,000.00.
WHEREFORE,
this Court DISMISSES the appeal and AFFIRMS the Court of Appeals decision in
CA-G.R. CR-HC 03510 dated January 19, 2010 with the MODIFICATION that the award of exemplary damages be increased from P25,000.00
to P30,000.00.
SO
ORDERED.
ROBERTO A. ABAD
Associate Justice
WE CONCUR:
PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson
DIOSDADO M. PERALTA
MARTIN S. VILLARAMA, JR.
Associate Justice Associate Justice
JOSE CATRAL MENDOZA
Associate Justice
ATTESTATION
I
attest 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
Courts Division.
PRESBITERO J. VELASCO, JR.
Associate Justice
Chairperson, Third Division
CERTIFICATION
Pursuant
to Section 13, Article VIII of the Constitution and the Division Chairpersons
Attestation, 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 Courts Division.
RENATO
C. CORONA
Chief Justice
* Designated
as additional member in lieu of Associate Justice Maria Lourdes P. A. Sereno,
per Special Order 1076 dated September 6, 2011.
[1] Branch 9.
[2] Pursuant to Republic Act 9262, otherwise known as the Anti-Violence Against Women and Their Children Act of 2004 and its implementing rules, the real name of the victim, together with the real names of her immediate family members, is withheld and fictitious initials are used to represent her, both to protect her privacy (People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419, 421-426).
[3]
[4] Records, Vol. I, p. 99.
[5]
[6]
[7] Decision dated March 10, 2008, CA rollo, pp. 60-72.
[8] Docketed as CA-G.R.
[9] Figueroa v. People, G.R. No. 147406, July 14, 2008, 558 SCRA 63, 71, citing People v. Casiano, 111 Phil. 73, 93 (1961).
[10] See Revised Rules of Criminal Procedure, Rule 110, Section 15.
[11] Records, Vol. I, p. 1; Records, Vol. II, p. 1.
[12]
[13]
[14] Rules
of Court, Rule 133, Section
2.
[15] G.R. No. 185203, September 17, 2009, 600 SCRA 295, 309.