G.R. No. 117682, August 18, 1997,
♦ Decision,
Bellosillo, [J]
♦ Dissenting Opinion,
Davide, [J]
♦ Concurring Opinion,
Francisco, [J]
♦ Dissenting Opinion,
Regalado, [J]
EN BANC
[ G.R. No. 117682, August 18, 1997 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. SILVINO (SILVERIO) SALARZA, JR. ACCUSED-APPELLANT.
CONCURRING OPINION
FRANCISCO, J.:
By her own account, complainant was half-asleep when accused-appellant took off her underwear, removed his briefs, placed himself on top of her, spread her legs, penetrated her and executed push and pull movements. Thinking that it was her boyfriend, complainant did not do anything until accused-appellant softly whispered to her “Zareen, it’s not Ricky; it’s Jun. I love you.” Afterwhich, she pushed him aside.
Complainant’s tale of rape is unconvincing. It is quite puzzling that a supposed rapist, who having accomplished with utmost ease his sinister intention to have carnal knowledge with an unsuspecting victim, would all of a sudden unexplainably blow his cover by revealing his identity. Instinctively, the attacker’s natural reaction would be to shield himself from every possibility of being identified to avoid prosecution.
Even more baffling is complainant’s immediate reaction after the alleged rape. Instead of fleeing from the clutches of her attacker, complainant proceeded to the bathroom and washed herself for fear of being impregnated. At the same time, she even talked to her attacker and asked him why he did such thing to her. Undoubtedly, her reaction was too casual for somebody who was supposed to have undergone a harrowing experience of rape.
On this score, I find it hard to give credence to complainant’s testimony bearing in mind that “evidence, to be believed, must not only proceed from a mouth of a credible witness, but it must be credible in itself – such as the common experience and observation of the mankind can approve as probable under the circumstances.” Complainant’s testimony does not jibe with the normal reactions commonly exhibited by persons placed under the same situation. Thus, her version is simply incredible.
I therefore concur with the opinion of Justice Bellosillo and vote for the acquittal of herein accused-appellant.(awÞhi(
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