THIRD DIVISION
[ G.R. No. 87775, June 01, 1995 ]PEOPLE v. FEDERICO DADO +
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FEDERICO DADO ALIAS "JUN DECOY," "JUN DACOY,""FEDERICO DADO, JR." AND RENE DADO ALIAS "KICK," ACCUSED. FEDERICO DADO, ACCUSED-APPELLANT.
D E C I S I O N
PEOPLE v. FEDERICO DADO +
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. FEDERICO DADO ALIAS "JUN DECOY," "JUN DACOY,""FEDERICO DADO, JR." AND RENE DADO ALIAS "KICK," ACCUSED. FEDERICO DADO, ACCUSED-APPELLANT.
D E C I S I O N
VITUG J.:
Federico Dado[1] appeals from the 18th February 1989 decision,[2] in Criminal Case No. 3931, of the Regional Trial Court of Legazpi City, Branch 2, convicting him of rape and imposing on him the penalty of
reclusion perpetua and the payment of an indemnity of twenty thousand pesos (P20,000.00) to the victim Eden Daria.
Accused-appellant was charged with one Rene Dado (at large) in an information that read:
Federico pleaded not guilty to the accusation. At the trial, the prosecution and the defense presented their respective evidence.
The case for the prosecution, in brief, can be narrated thusly:
On 07 September 1986, Eden Daria, a 14-year old barrio lass from Manito, Albay, along with one Hilga Camacho, attended the "Mr. and Mrs." affair held at the dance hall in the town's poblacion. While the two young girls were on their way back for home from the party at around eleven o'clock in the evening, their path was blocked by Eduardo Arteta, alias "Edy," and one Diosdado Delposo. All at once, Arteta and Delposo dragged Eden to a nearby school building, leaving Hilga by the road. Arteta poked a knife at Eden's breast while Delposo had another knife pointed at her left side. Arteta and Delposo removed Eden's T-shirt, brassiere and gartered pants. Eden's struggles proved to be of no avail. Arteta laid on top of Eden and forced himself into her. Later, Delposo took his turn. After satisfying their lust, the duo left her.
Still reeling from the incident, Eden walked towards the direction of the house of an aunt, one Flordeliza Camacho. Along the way, she was approached by Federico Dado, a.k.a. "Jun Decoy," and Rene Dado, a.k.a. "Kick," both her neighbors, and by Noli Trilles, her distant cousin. Federico and Rene, the latter pointing a knife at the still dazed girl, accosted Eden to a nearby banana plantation in front of Flordeliza's house. Noli was left by the side of the road. Federico undressed the struggling Eden with the help of Rene. Federico forced Eden to lie on her back, then went on top of her and finally succeeded in entering her. Rene was next to commit the bestial act on the unwilling and frightened victim. Thereafter, Federico and Rene left but not without first threatening Eden with death if she were to reveal the incident to anyone.
Upon reaching her aunt's house, Eden related to her grandmother, Juanita Daria, the ordeal she had just been through. The next morning, she proceeded to her parents' house and recounted the story to her father, Roger Daria, who promptly brought her to the police headquarters in Manito. Roger also had his daughter medically examined at the rural health office in Manito where Dr. Napoleon Se, the municipal health officer, also treated Eden for her injuries. Dr. Se later executed a medical report indicating a thumb-sized hematoma "below the thyroid area bilateral at the side of the bronchial area" and other injuries in Eden's genital area. Eden, per the medical findings, so suffered "genital trauma" as follows.
Two separate criminal cases were filed with the Regional Trial Court of Legaspi City, one against Arteta and Delposo (Branch 9) and the other[5] against Federico Dado and Rene Dado (Branch 2). Federico was apprehended but Rene remained at large.[6]
Federico Dado denied the charge; he submitted the following version:
In the afternoon of 07 September 1986, then 21-year old Federico went to visit his father, an amputee, at the latter's residence near the poblacion of Manito. Federico made arrangements with Mariano Dawal, a 74-year old co-resident at Malanto, Manito, who went to town with Federico, for the latter to fetch Federico at the dance hall so that the two could go home together later in the evening. It was around 11:30 that night when Mariano finally arrived at the dance hall. While heading for home, the two were later joined by Elias Dawal, another resident of Malanto. When they were about a kilometer away from the dance hall, they saw a couple strolling at some distance ahead of them. When Federico noticed that the couple started to head towards a nearby banana plantation, he decided to follow them. Federico came close to about one arm's length away from the couple, whom he recognized to be Noli and Eden, when he was astonished to find them in the act of sexual intercourse. When the lovers noticed the presence of Federico, they immediately dressed up and warned Federico not to tell on them. Federico thus told no one, except his wife, about the incident.
The trial court, not impressed by accused-appellant's story, rendered, on 18 February 1989, a decision convicting Federico of the crime charged.
The instant appeal questions the trial court's having given full credence to the uncorroborated testimony of Eden.
Unfortunately for appellant, assessing the credibility of witnesses is an area within the almost exclusive province of a trial judge whose findings and conclusions are normally accorded great weight and respect.[7] In determining the credulity of testimony, significant focus is held to lie on the deportment of, as well as the peculiar manner in which the declaration is made by, the witness in open court.[8] Hardly can an appellate court come close to a trial court in making, from a mere reading of the transcript of stenographic notes, that kind of evaluation.
In this case, moreover, we see in Eden's vivid account to the court neither a bridled nor an adulterated, but a plain and straightforward, narration of her traumatic experience. It simply would be unnatural for a young and innocent girl to concoct a story of defloration, allow an examination of her private parts, and thereafter subject herself to a public trial or ridicule if she has not, in fact, been a victim of rape and deeply motivated by a sincere desire to have the culprit apprehended and punished.[9] Certainly, her story, hereunder reproduced in her own words, could not have been a mere creation of fertile imagination.
The victim's obvious reluctance to describe in full and in great detail the actual rape itself is certainly understandable. Contrary to what the appellant asserts, Eden's somehow having hedged at times should strengthen rather than destroy her credibility. Even minor lapses in a witness' testimony should be expected when a person would recount details of an experience so humiliating and so painful to recall as rape.[11] If her testimony in court might have some minor variance from her sworn statement, specifically with regard to the presence and role of Noli during the incident, it should not be forgotten that she executed the sworn statement while she was still in daze[12] and had yet to recover from the tragedy.[13]
The failure of the prosecution to present Noli Trilles does not in any way dent the prosecution's case. Noli's testimony would have served no more than merely and partly corroborate Eden's account. In rape cases, the accused may be convicted solely on the testimony of the complaining witness so long as that testimony is credible, natural, convincing and otherwise consistent with human nature.[14] There is no merit in appellant's claim that he could not have raped Eden in the presence of her cousin, Noli Trilles. Rape has been known to be perpetrated even at places which, to many, would appear to be unlikely and high risk venues for its commission.[15]
The absence of finger grips, contusions, bruises or scratches on the different parts of Eden's body does not negate the commission of rape.[16] It is not necessary that the victim should bear marks of physical violence sustained by reason of the persistence of the sexual attacker, nor is the exertion of irresistible force by the culprit an indispensable element of the offense.[17] Corollarily, Eden's failure to shout or offer tenacious resistance cannot be said to render voluntary her submission to the lustful criminal act of appellant.[18]
The Court, accordingly, affirms the conviction by the trial court of appellant for the rape of Eden Daria. Given the facts and circumstances of the case found to be clearly extant, conspiracy between appellant and Rene Dado attended the commission of the offense. Consequently, appellant should be held responsible not only for his own unlawful act but also for that of Rene Dado for, in conspiracy, the act of one is the act of the other. Appellant must thus be convicted of two (2) crimes of rape.[19] The penalty for each simple rape is reclusion perpetua regardless of the presence or absence of mitigating or aggravating circumstances.[20] Conformably with the prevailing rule announced by this Court in its previous rulings, the indemnity is raised to P50,000.00[21] for each offense.[22]
WHEREFORE, the decision appealed from finding appellant Federico Dado guilty beyond reasonable doubt of the crime of rape is modified in that (a) said appellant should and is thus hereby held liable for two (2) crimes of rape for which he shall suffer two (2) penalties of reclusion perpetua and (b) the indemnity to the victim, Eden Daria, is increased to P50,000.00 for each offense or a total of P100,000.00. Costs against the appellant.
SO ORDERED.
Feliciano, (Chairman), Romero, Melo, and Francisco, JJ., concur.
[1] A.k.a. Federico Dado, Jr., which name he used in signing his sworn statement before Salvador Decano, OIC Municipal Mayor of Manito, Albay (Record, p. 35).
[2] Penned by Judge Angel M. Alegre.
[3] Rollo, p. 38.
[4] Rollo, p. 39.
[5] Criminal Case No. 3931, the case brought up in this appeal.
[6] In its decision, the trial court mentions the "confidentially relayed" information that Rene Dado "had been liquidated by the NPA" (Decision, pp. 2-3).
[7] People v. Naguita, 208 SCRA 206.
[8] People v. Carson, 204 SCRA 266.
[9] People v. Yambao, 193 SCRA 571.
[10] TSN, Eden Daria, 31 August 1987, pp. 8-23.
[11] People v. Olivar, supra.
[12] People v. Olivar, 215 SCRA 759.
[13] People v. Mejias, 168 SCRA 33; People v. Dabon, 216 SCRA 656.
[14] People v. Alvarez, 213 SCRA 722.
[15] People v. Rafanan, 182 SCRA 811.
[16] People v. Rabanes, 208 SCRA 768; People v. Generalao, Jr., 213 SCRA 380.
[17] People v. Rael, 204 SCRA 704.
[18] People v. Grefiel, 215 SCRA 596.
[19] People v. Calixtro, 193 SCRA 303, citing People v. Cayago, 158 SCRA 586.
[20] Article 63, in relation to Article 335, Revised Penal Code.
[21] People v. Tismo, 204 SCRA 535.
[22] People v. Sartagoda, 221 SCRA 251; People v. Calixtro, supra; People v. Cayago, supra.
Accused-appellant was charged with one Rene Dado (at large) in an information that read:
"That on September 7, 1986 about 11:30 o'clock in the evening, at Poblacion, Manito, Albay, Philippines, within the jurisdiction of the Honorable Court, the above-named accused, together with RENE DADO alias 'Kick', whose case in the original complaint is archived and pending preliminary investigation in the MCTC of Sto. Domingo-Manito, Albay, conspiring together and helping one another for a common purpose, by means of force, threat and intimidation, taking advantage of superior strength, nighttime, and use of deadly weapon, did then and there wilfully, unlawfully and feloniously have one sexual intercourse each with EDEN DARIA, a 14-year old girl, against her will, and to her damage and prejudice.
CONTRARY TO LAW."[3]
Federico pleaded not guilty to the accusation. At the trial, the prosecution and the defense presented their respective evidence.
The case for the prosecution, in brief, can be narrated thusly:
On 07 September 1986, Eden Daria, a 14-year old barrio lass from Manito, Albay, along with one Hilga Camacho, attended the "Mr. and Mrs." affair held at the dance hall in the town's poblacion. While the two young girls were on their way back for home from the party at around eleven o'clock in the evening, their path was blocked by Eduardo Arteta, alias "Edy," and one Diosdado Delposo. All at once, Arteta and Delposo dragged Eden to a nearby school building, leaving Hilga by the road. Arteta poked a knife at Eden's breast while Delposo had another knife pointed at her left side. Arteta and Delposo removed Eden's T-shirt, brassiere and gartered pants. Eden's struggles proved to be of no avail. Arteta laid on top of Eden and forced himself into her. Later, Delposo took his turn. After satisfying their lust, the duo left her.
Still reeling from the incident, Eden walked towards the direction of the house of an aunt, one Flordeliza Camacho. Along the way, she was approached by Federico Dado, a.k.a. "Jun Decoy," and Rene Dado, a.k.a. "Kick," both her neighbors, and by Noli Trilles, her distant cousin. Federico and Rene, the latter pointing a knife at the still dazed girl, accosted Eden to a nearby banana plantation in front of Flordeliza's house. Noli was left by the side of the road. Federico undressed the struggling Eden with the help of Rene. Federico forced Eden to lie on her back, then went on top of her and finally succeeded in entering her. Rene was next to commit the bestial act on the unwilling and frightened victim. Thereafter, Federico and Rene left but not without first threatening Eden with death if she were to reveal the incident to anyone.
Upon reaching her aunt's house, Eden related to her grandmother, Juanita Daria, the ordeal she had just been through. The next morning, she proceeded to her parents' house and recounted the story to her father, Roger Daria, who promptly brought her to the police headquarters in Manito. Roger also had his daughter medically examined at the rural health office in Manito where Dr. Napoleon Se, the municipal health officer, also treated Eden for her injuries. Dr. Se later executed a medical report indicating a thumb-sized hematoma "below the thyroid area bilateral at the side of the bronchial area" and other injuries in Eden's genital area. Eden, per the medical findings, so suffered "genital trauma" as follows.
"1. Hymen - Laceration found at 3, 6, 9 o'clock.
2. Vulva abrasion with hematoma at the anterior lateral and posterior vestibule around the vaginal orifice.
3. Vagina - mucusal abrassion and laceration on the lateral and posterior wall.
4. Bloody discharge found in the vagina and the vulva."[4]
Two separate criminal cases were filed with the Regional Trial Court of Legaspi City, one against Arteta and Delposo (Branch 9) and the other[5] against Federico Dado and Rene Dado (Branch 2). Federico was apprehended but Rene remained at large.[6]
Federico Dado denied the charge; he submitted the following version:
In the afternoon of 07 September 1986, then 21-year old Federico went to visit his father, an amputee, at the latter's residence near the poblacion of Manito. Federico made arrangements with Mariano Dawal, a 74-year old co-resident at Malanto, Manito, who went to town with Federico, for the latter to fetch Federico at the dance hall so that the two could go home together later in the evening. It was around 11:30 that night when Mariano finally arrived at the dance hall. While heading for home, the two were later joined by Elias Dawal, another resident of Malanto. When they were about a kilometer away from the dance hall, they saw a couple strolling at some distance ahead of them. When Federico noticed that the couple started to head towards a nearby banana plantation, he decided to follow them. Federico came close to about one arm's length away from the couple, whom he recognized to be Noli and Eden, when he was astonished to find them in the act of sexual intercourse. When the lovers noticed the presence of Federico, they immediately dressed up and warned Federico not to tell on them. Federico thus told no one, except his wife, about the incident.
The trial court, not impressed by accused-appellant's story, rendered, on 18 February 1989, a decision convicting Federico of the crime charged.
The instant appeal questions the trial court's having given full credence to the uncorroborated testimony of Eden.
Unfortunately for appellant, assessing the credibility of witnesses is an area within the almost exclusive province of a trial judge whose findings and conclusions are normally accorded great weight and respect.[7] In determining the credulity of testimony, significant focus is held to lie on the deportment of, as well as the peculiar manner in which the declaration is made by, the witness in open court.[8] Hardly can an appellate court come close to a trial court in making, from a mere reading of the transcript of stenographic notes, that kind of evaluation.
In this case, moreover, we see in Eden's vivid account to the court neither a bridled nor an adulterated, but a plain and straightforward, narration of her traumatic experience. It simply would be unnatural for a young and innocent girl to concoct a story of defloration, allow an examination of her private parts, and thereafter subject herself to a public trial or ridicule if she has not, in fact, been a victim of rape and deeply motivated by a sincere desire to have the culprit apprehended and punished.[9] Certainly, her story, hereunder reproduced in her own words, could not have been a mere creation of fertile imagination.
"x x x x x x x x x. "x x x x x x x x x. "x x x x x x x x x.
The victim's obvious reluctance to describe in full and in great detail the actual rape itself is certainly understandable. Contrary to what the appellant asserts, Eden's somehow having hedged at times should strengthen rather than destroy her credibility. Even minor lapses in a witness' testimony should be expected when a person would recount details of an experience so humiliating and so painful to recall as rape.[11] If her testimony in court might have some minor variance from her sworn statement, specifically with regard to the presence and role of Noli during the incident, it should not be forgotten that she executed the sworn statement while she was still in daze[12] and had yet to recover from the tragedy.[13]
The failure of the prosecution to present Noli Trilles does not in any way dent the prosecution's case. Noli's testimony would have served no more than merely and partly corroborate Eden's account. In rape cases, the accused may be convicted solely on the testimony of the complaining witness so long as that testimony is credible, natural, convincing and otherwise consistent with human nature.[14] There is no merit in appellant's claim that he could not have raped Eden in the presence of her cousin, Noli Trilles. Rape has been known to be perpetrated even at places which, to many, would appear to be unlikely and high risk venues for its commission.[15]
The absence of finger grips, contusions, bruises or scratches on the different parts of Eden's body does not negate the commission of rape.[16] It is not necessary that the victim should bear marks of physical violence sustained by reason of the persistence of the sexual attacker, nor is the exertion of irresistible force by the culprit an indispensable element of the offense.[17] Corollarily, Eden's failure to shout or offer tenacious resistance cannot be said to render voluntary her submission to the lustful criminal act of appellant.[18]
The Court, accordingly, affirms the conviction by the trial court of appellant for the rape of Eden Daria. Given the facts and circumstances of the case found to be clearly extant, conspiracy between appellant and Rene Dado attended the commission of the offense. Consequently, appellant should be held responsible not only for his own unlawful act but also for that of Rene Dado for, in conspiracy, the act of one is the act of the other. Appellant must thus be convicted of two (2) crimes of rape.[19] The penalty for each simple rape is reclusion perpetua regardless of the presence or absence of mitigating or aggravating circumstances.[20] Conformably with the prevailing rule announced by this Court in its previous rulings, the indemnity is raised to P50,000.00[21] for each offense.[22]
WHEREFORE, the decision appealed from finding appellant Federico Dado guilty beyond reasonable doubt of the crime of rape is modified in that (a) said appellant should and is thus hereby held liable for two (2) crimes of rape for which he shall suffer two (2) penalties of reclusion perpetua and (b) the indemnity to the victim, Eden Daria, is increased to P50,000.00 for each offense or a total of P100,000.00. Costs against the appellant.
SO ORDERED.
Feliciano, (Chairman), Romero, Melo, and Francisco, JJ., concur.
[1] A.k.a. Federico Dado, Jr., which name he used in signing his sworn statement before Salvador Decano, OIC Municipal Mayor of Manito, Albay (Record, p. 35).
[2] Penned by Judge Angel M. Alegre.
[3] Rollo, p. 38.
[4] Rollo, p. 39.
[5] Criminal Case No. 3931, the case brought up in this appeal.
[6] In its decision, the trial court mentions the "confidentially relayed" information that Rene Dado "had been liquidated by the NPA" (Decision, pp. 2-3).
[7] People v. Naguita, 208 SCRA 206.
[8] People v. Carson, 204 SCRA 266.
[9] People v. Yambao, 193 SCRA 571.
[10] TSN, Eden Daria, 31 August 1987, pp. 8-23.
[11] People v. Olivar, supra.
[12] People v. Olivar, 215 SCRA 759.
[13] People v. Mejias, 168 SCRA 33; People v. Dabon, 216 SCRA 656.
[14] People v. Alvarez, 213 SCRA 722.
[15] People v. Rafanan, 182 SCRA 811.
[16] People v. Rabanes, 208 SCRA 768; People v. Generalao, Jr., 213 SCRA 380.
[17] People v. Rael, 204 SCRA 704.
[18] People v. Grefiel, 215 SCRA 596.
[19] People v. Calixtro, 193 SCRA 303, citing People v. Cayago, 158 SCRA 586.
[20] Article 63, in relation to Article 335, Revised Penal Code.
[21] People v. Tismo, 204 SCRA 535.
[22] People v. Sartagoda, 221 SCRA 251; People v. Calixtro, supra; People v. Cayago, supra.