Republic of the Philippines
SUPREME COURT
Manila
SECOND DIVISION
G.R. No. 172226 March 23, 2007
THE PEOPLE OF THE PHILIPPINES, Appellee,
vs.
HERMINIGILDO SENIERES, Appellant,
D E C I S I O N
TINGA, J.:
On automatic review is the Decision1 dated 6 December 2000 of the Regional Trial Court of Baguio City, Branch 6, convicting Herminigildo Senieres of raping AAA2 on two (2) occasions. The dispositive portion of the decision reads:
WHEREFORE, Judgment is hereby rendered as follows:
1. In Criminal Case No. 16691-R, the Court finds the accused Herm[e]nigildo Senieres guilty beyond reasonable doubt of the offense of rape as charged in the Information, defined and penalized under Section 2, Par. 1 (a) and (d) of Republic Act [No.] 8353 which amended Article 335 of the Revised Penal Code* and hereby sentences him to suffer the penalty of Reclusion Perpetua; to indemnify the complainant [AAA] the sum of ₱100,000.00 as Moral Damages without subsidiary imprisonment in case of insolvency; and to pay the costs.
The accused Herm[e]nigildo Senieres, being a detention prisoner, is entitled to be credited 4/5 of his preventive imprisonment in the service of his sentence in accordance with Article 29 of the Revised Penal Code.
2. In Criminal Case No. 16692-R, the Court finds the accused Herm[e]nigildo Senieres Guilty beyond reasonable doubt for (sic) the offense of rape committed on December 17, 1998 as charged in the Information, defined and penalized under Sec. 2, Par. 2 of Republic Act [No.] 8353* and hereby sentences him, applying the Indeterminate Sentence Law, to suffer imprisonment ranging from four (4) years two (2) months and one (1) day of prision correccional as Minimum to ten (10) years and one (1) day of Prision Mayor as Maximum, to indemnify the offended party [AAA] the sum of ₱20,000.00 as Moral Damages without subsidiary imprisonment in case of insolvency and to pay the costs.
The accused Herm[e]nigildo Senieres, being a detention prisoner, is entitled to be credited 4/5 of his preventive imprisonment in the service of his sentence in accordance with Article 29 of the Revised Penal Code.
SO ORDERED.3
Initiated by AAA’s sworn statement,4 accused Senieres was charged with two (2) counts of rape in the following Informations, to wit:
CRIMINAL CASE NO. 16691-R
The undersigned accuses HERM[E]NIGILDO SENIERES [a.k.a.] "EMING" of the crime of RAPE DEFINED AND PENALIZED UNDER R.A. [No.] 8353, committed as follows:
That on or about the 22nd day of November 1998, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously and by means of force and intimidation lie down and have carnal knowledge of the complainant [AAA], a minor[,] 11 years of age, against her will and consent.
CONTRARY TO LAW.5
CRIMINAL CASE NO. 16692-R
The undersigned accused HERM[E]NIGILDO SENIERES [a.k.a.] "EMING" of the crime of RAPE DEFINED AND PENALIZED UNDER R.A. [No.] 8353, committed as follows:
That on or about the 17th day of December 1998, in the City of Baguio, Philippines, and within the jurisdiction of this Honorable Court, the above-named accused, did then and there willfully, unlawfully and feloniously by means of force, threat or intimidation, commit an act of sexual assault upon the person of [AAA], a minor[,] 11 years of age, by inserting his penis into the anal orifice of the latter.
CONTRARY TO LAW.6
At his arraignment on 18 June 1999 for both cases, Senieres with the assistance of his counsel, entered a plea of not guilty to the two (2) counts of rape.7 Joint trial on the merits of the criminal cases ensued. The prosecution presented as witnesses, the victim AAA, her aunt BBB8 and Dr. Vladimir Villaseñor, the physician who conducted an examination on AAA.
AAA testified that on the night of 22 November 1998, she fell asleep on the floor of the sala of her aunt CCC’s house at T. Alonzo Street, Baguio City.9 She awoke when she felt the presence of someone beside her. When she opened her eyes, she saw that it was Senieres, her uncle,10 who had then started removing her shorts and underwear. She said, "No!" but Senieres threatened to harm her younger sister if she did not allow him to proceed. Next, Senieres turned her body to face him. AAA clipped together her legs to resist him but Senieres separated them using his feet. AAA shouted but Senieres covered her mouth with her hands. Senieres then inserted his penis into her vagina and made "push and pull" movements. AAA cried in pain. AAA also felt a mucous-like substance enter her vagina. After satisfying himself, Senieres repeated his threat of harm to AAA’s sister and then went back to sleep at the sofa in the sala. AAA put her panty and shorts back on and went back to sleep still crying.11
When AAA awakened the following day, Senieres was no longer around. She, however, did not report the incident to her aunt CCC or to anyone else as she was afraid that Senieres would make good his threat to harm her younger sister.12
After the incident, AAA stayed at her godmother’s house which is a few houses away. On 16 December 1998, she returned to her aunt CCC’s house as she thought that Senieres no longer stayed there.13
On 17 December 1998, while AAA was watching TV, Senieres arrived. In fright, AAA invited her male cousin DDD to go to sleep already. She and DDD slept on the floor facing each other. Again, she awoke when she felt Senieres go down to the floor next to her. Then she felt him remove her panty and shorts.14 AAA kicked Senieres’ feet but he managed to remove her shorts and panty. AAA tried to rouse DDD from sleep by elbowing him but he could not be awakened. AAA was lying on her left side, facing DDD, with her thighs bent forward and lower legs bent backwards. Next, Senieres inserted his penis into her anus. She felt a slippery substance and then Senieres pulled his penis out of her anus. He went back to sleep at the sofa. Senieres left the house the following morning.15
Sometime after the incident, AAA left for her uncle EEE’s house, in a town somewhere in Benguet, in order to be away from Senieres.16 On 28 January 1999, her aunt BBB arrived and took AAA to another town in Benguet.17
In April 1999, AAA reported for the first time what had happened to her aunt BBB. AAA was emboldened by the courage of a child who had reported a similar incident of sexual abuse against her father.18 AAA and her aunt BBB then traveled to Baguio City. On 27 April 1999, AAA, accompanied by her aunt BBB, gave her sworn statement19 to the Baguio City Police.20 On 28 April 1999, she was examined by Dr. Vladimir Villaseñor.21
Dr. Villaseñor testified that he found a shallow, healed laceration located at 7 o’clock and 9 o’clock positions and a deep, healed laceration at 3 o’clock position.22 He explained that a shallow laceration is a laceration that does not extend to the base of the hymen while a deep laceration is a laceration which extends from the periphery to the base of the hymen. He also discussed that a healed laceration is one that is more than seven (7) days old.23 He stated that based on their number and depth, the lacerations could have only been caused by the insertion of a male genital organ into the vagina.24 Dr. Villaseñor issued a medico-legal report containing his findings.25
For his part, Senieres denied the charges against him. He claimed that he could not have raped AAA on 22 November 1998 as he was in the house of a relative in San Carlos Heights, Baguio City26 and AAA was still in Manila.27 On 17 December 1998, he was likewise at his relative’s house in San Carlos Heights, Baguio City.28
The trial court favored AAA’s version of the events and convicted Senieres of the crimes charged, ruling in this wise:
The Court cannot give credence to the assertion of the accused that he could not have raped AAA on the night of November 22, 1998 at x x x T. Alonzo Street, because she was not yet in Baguio City at that time.
AAA categorically testified that she arrived in Baguio on November 7, 1998 and since then stayed at x x x T. Alonzo Street until she was raped on the night of November 22, 1998. There is no reason to doubt her testimony since, as already discussed previously, it bears the earmarks of credibility.
x x x
Likewise, the Court cannot give weight to the claim of the accused that on the night of November 22, 1998[,] as well as December 17, 1998, he was at San Carlos Heights, Baguio City with his relative Mary Jane Tumbagahan and the latter’s family.
He failed to present his alleged relative Mary Jane or any other member of the latter’s family or any other person to corroborate his claim. It should not be difficult for him to secure their presence in court if indeed he was with his relatives on those nights or that he spent those nights at San Carlos Heights.
Besides, granting for the sake of argument that he was at San Carlos Heights on the nights of November 22 and December 17, 1998, it is not impossible for him to be at T. Alonzo at the precise time the sexual acts were committed. San Carlos Heights is just a jeepney ride away from T. Alonzo Street as both places are within Baguio City. Such that if accused travels from San Carlos Heights to T. Alonzo Street, or vi[c]e versa, it would only take him 20 minutes, more or less.29
The judgment of conviction was elevated to the Court for automatic review. In a Resolution30 dated 27 September 2004 of the Court in G.R. Nos. 147286-87,31 the cases were transferred to the Court of Appeals pursuant to the Court’s ruling in People v. Mateo.32
In a Decision33 dated 20 December 2005, the Court of Appeals affirmed the judgment of conviction. The appellate court held that AAA’s story bears the marks of a credible testimony coming from a truthful witness and, therefore, must be given full faith and credit. AAA described in a positive, natural, sincere and spontaneous manner how she was forcibly ravished by Senieres on 22 November and 17 December 1998. The appellate court noted that AAA could not have narrated her ordeal so convincingly if it was not true. Moreover, medical evidence on record corroborates AAA’s testimony.34
The Court of Appeals also held that Senieres defenses of denial and alibi have no leg to stand on. Senieres failed to present convincing proof that he was present at some other place about the time of the alleged crime and that he was at such other place for so long a time that it was impossible for him to be at the scene of the crime when the crime was committed. Senieres likewise failed to substantiate his claim that AAA was not in Baguio on 22 November 1998 and that she was neither at T. Alonzo Street on 17 December 1998.35
The Court of Appeals, however, modified the award of moral damages to ₱50,000.00 for each count of rape and imposed an additional amount of ₱50,000.00 as civil indemnity for each count of rape.36
In the Court’s Resolution37 dated 3 July 2006, the parties were required to submit their respective supplemental briefs. Senieres, through the Public Attorney’s Office, manifested38 that he will adopt all the issues and discussion in his appellant’s brief dated 16 April 2002. The Office of the Solicitor General likewise manifested39 that it will adopt the discussions in its appellee’s brief40 dated 4 September 2002 as its supplemental brief. The case is again before us for final disposition.
After a careful and meticulous review of the records of the case, the Court finds no reason to overturn the findings of fact and conclusions commonly reached by the trial court and the Court of Appeals. The Court affirms Senieres’ conviction.
Senieres contends that no rape occurred on 22 November 1998 as AAA’s injuries could have been sustained even before said date. He also maintains that AAA’s injuries could have been caused only by a finger as it was not established that what was inserted inside AAA’s vagina was Senieres’ penis. If at all, he claims he should only be held liable for the crime of acts of lasciviousness.
Senieres’ contentions are bereft of merit.
First, it should be reiterated that in a rape case, what is most important is the credible testimony of the victim. A medical examination and a medical certificate are merely corroborative and are not indispensable to a prosecution for rape. The court may convict the accused based solely on the victim’s credible, natural and convincing testimony.41 In this case, both the courts are in agreement that AAA was candid, natural, forthright and unwavering in her testimony that Senieres raped her on two occasions. AAA’s credibility is strengthened by the absence of evidence showing that she had any ill-motive in testifying against Senieres.
Secondly, Dr. Villaseñor’s report revealed that AAA suffered shallow, healed lacerations at 7 and 9 o’clock positions and a deep healed laceration at 3 o’clock position and that she was in a non-virgin state. It should be noted that the examination was made in April 1999, months after the incidents of rape occurred in November and December 1998. The presence of such healed lacerations is consistent with and corroborative of AAA’s testimony that she had indeed been raped by Senieres months before the date of the examination. Hymenal lacerations, whether healed or fresh, are the best evidence of forcible defloration.42 And when the consistent and forthright testimony of a rape victim is consistent with medical findings, there is sufficient basis to warrant a conclusion that the essential requisites of carnal knowledge have been established.43
Thirdly, AAA categorically said that Senieres inserted his penis into her vagina and that she felt pain when he did.44 Dr. Villaseñor’s testimony supports AAA’s assertion, to wit:
PROS. CENTENO:
Q Now, going back to the 7:00 o’clock, 9:00 o’clock and 3:00 o’clock deep healed lacerations which you found on the hymen of the victim, Doctor, what could have been the possible cause of these 7:00 o’clock, 9:00 o’clock and 3:00 o’clock lacerations?
A This is caused by [the] insertion of a foreign object or instrument, sir.
Q Now, what would be the possible foreign object or instrument which could have been inserted in the vagina of the victim which could have caused these kinds of laceration?
A Possible instruments like a fully erect male genital organ, finger, or any blunt object that is inserted into the genital organ, sir.
Q Now, in your examination as a medico-legal officer of the Philippine National Police, Doctor, what would be the most possible foreign object that would cause [these kinds] of lacerations?
A The [sic] fully erect male genital organ, sir.
Q Now, why do you say that the most possible foreign object which could have cause [these kinds] of lacerations would be a fully erect male genital organ?
A Considering, sir, that there were three lacerations and there was a laceration that was considered deep, that may be caused only by the insertion of a male organ, sir.45
AAA likewise clearly testified that Senieres inserted his penis into her anus, to wit:
Q And after your uncle Eming was able to remove your shorts and panty, what happened next?
A Itudtodok na diay buto na diay ubet ko (He was inserting his penis into my anus).46
It may be well to point out that the trial court found AAA’s testimony to be truthful, viz.:
There is no reason to doubt [AAA’s] testimony. She was candid, natural, forthright and unwavering. In short, her testimony bears the earmarks of credibility.
Further strengthening [AAA’s] credibility is her lack of ulterior motive against the accused and the absolute absence of evidence that even remotely suggested that she could have been actuated by ill motive. It is settled that where there is no evidence indicating that the principal witness for the prosecution was actuated by improper motive, the presumption is that she was not so actuated and her testimony is entitled to full faith and credit.47
It is a settled principle that the trial court’s evaluation of the credibility of witnesses is viewed as correct and entitled to the highest respect because it is more competent to so conclude, having had the opportunity to observe the witnesses’ demeanor and deportment on the stand, and the manner in which they gave their testimony. Unless the trial judge plainly overlooked certain facts of substance and value which, if considered, might affect the result of the case, his assessment on credibility must be respected.48
AAA’s alleged act of casually putting on her underwear after the rape and her failure to immediately report the two (2) incidents of rape do not vitiate the credibility of her account. The Court has repeatedly observed that no standard form of behavior can be anticipated of a rape victim following her defilement, particularly by a child who could not be expected to fully comprehend the ways of an adult. People react differently to emotional stress and rape victims are no different from them.49
Moreover, long silence and delay in reporting the crime of rape has not always been construed as an indication of a false accusation. The principle applies with greater force where, as in this case, AAA was only 11 years old and was, in all likelihood, susceptible to intimidation and threats of physical harm especially from a close relative.50
Against the overwhelming evidence of the prosecution, Senieres merely interposed the defenses of denial and alibi. He claimed that on both occasions, he was somewhere else and could not have been at the scene of the crime.
Having been positively and unmistakably identified by AAA as her rapist, Senieres’ weak defenses of denial and alibi cannot prosper. The settled jurisprudence is that categorical and consistent positive identification, absent any showing of ill-motive on the part of the eyewitness testifying thereon, prevails over the defenses of denial and alibi which, if not substantiated by clear and convincing proof, as in the cases at bar, constitute self-serving evidence undeserving of weight in law.51
Alibi, like denial, is also inherently weak and easily fabricated. For this defense to justify an acquittal, the following must be established: the presence of the appellant in another place at the time of the commission of the offense and the physical impossibility for him to be at the scene of the crime. These requisites have not been met.52 Senieres claimed to be at a relative’s house on both occasions of rape. Considering that this relative’s house is a jeepney ride away from the house where the two (2) incidents of rape were committed, it would have still been physically possible for him to be present at the scene of the crimes at the time of their consummation.53
In sum, the guilt of Senieres was proven beyond reasonable doubt. The Court therefore affirms his conviction for two (2) counts of rape in Criminal Case Nos. 16691-R and 16692-R.
With respect to Senieres’ civil liability, the Court affirms the award of ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages in favor of AAA for being a victim of simple statutory rape.54 However, the award of ₱50,000.00 civil indemnity and ₱50,000.00 moral damages adjudged by the appellate court for the
crime of rape by sexual assault are excessive and should be reduced. In line with prevailing jurisprudence, AAA is entitled to an award of ₱25,000.00 civil indemnity and ₱25,000.00 moral damages for being a victim of rape by sexual assault.55
WHEREFORE, the Decision dated 20 December 2005 of the Court of Appeals in C.A.-G.R. CR-H.C. No. 01448 is AFFIRMED with MODIFICATION. In Criminal Case No. 16691-R, appellant HERMENIGILDO SENIERES is sentenced to suffer the penalty of reclusion perpetua and to indemnify AAA the amounts of ₱50,000.00 as civil indemnity and ₱50,000.00 as moral damages. In Criminal Case No. 16692-R, appellant HERMENIGILDO SENIERES is sentenced to suffer imprisonment ranging from four (4) years two (2) months and one (1) day of prision correccional, as minimum, to ten (10) years and one (1) day of prision mayor, as maximum; and to pay AAA the amounts of ₱25,000.00 as civil indemnity and ₱25,000.00 as moral damages.
SO ORDERED.
DANTE O. TINGA
Associate Justice
WE CONCUR:
LEONARDO A. QUISUMBING
Associate Justice
Chairperson
ANTONIO T. CARPIO
Associate Justice |
CONCHITA CARPIO MORALES
Asscociate Justice |
PRESBITERO J. VELASCO, JR.
Associate Justice
A T T E S T A T I O N
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 Court’s Division.
LEONARDO A. QUISUMBING
Associate Justice
Chairperson, Second Division
C E R T I F I C A T I O N
Pursuant to Section 13, Article VIII of the Constitution, and the Division Chairperson’s Attestation, it is hereby certified 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
Foonotes
1 CA rollo, pp. 21- 35; Penned by Judge Ruben C. Ayson.
2 The real name of the victim is withheld per R.A. No. 7610 and R.A. No. 9262. See People v. Cabalquinto, G.R. No. 167693, 19 September 2006.
* The pertinent provisions of law are as follows:
Sec. 2. Rape as a Crime Against Persons.–The crime of rape shall hereafter be classified as a Crime Against Persons under Title Eight of Act No. 3815, as amended, otherwise known as the Revised Penal Code. Accordingly, there shall be incorporated into Title Eight of the same Code a new chapter to be known as Chapter Three on Rape, to read as follows:
Chapter Three
Rape
Art. 266-A. Rape; When and How Committed. – Rape is committed:
1) By a man who has carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit an act of sexual assault by inserting his penis into another person’s mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person.
Art. 266-B. Penalties. – Rape under paragraph I of the next preceding article shall be punished by reclusión perpetua.
x x x x
Rape under paragraph 2 of the next preceding article shall be punished by prision mayor.
3 CA rollo, pp. 34-35.
4 Records (Crim. Case No. 16691-R ), pp. 6-7.
5Id. at 1.
6 Records (Crim. Case No. 16692-R), p. 1.
7 Records (Crim. Case No. 16691-R), p. 14.
8 The real name of the witness is withheld per R.A. No. 7610 and R.A. 9262. See People v. Cabalquinto, G.R. No. 167693, 19 September 2006.
9 TSN, 13 October 1999, pp. 25-26.
10 Senieres is the uncle of AAA as he and AAA’a father are first cousins, and consequently a relative by consanguinity within the 3rd degree. This circumstance of relationship, however, was not alleged in the Information to be considered qualifying; CA rollo, p. 33.
11 TSN, 13 October 1999, pp. 26-32; (Crim. Case No. 16691-R), p. 6.
12 Id. at 32- 33.
13 Id. at 35-36.
14 Id. at 38-40.
15 TSN, 14 October 1999, pp. 2-6.
16 Id. at 7-8.
17 Id. at 9.
18 Id. at 10.
19 Exhibit "E"; Rollo, pp. 6-7.
20 TSN, 14 October 1999, pp. 11-12.
21 Id. at 13.
22 TSN, 13 October 1999, p. 7.
23 Id. at 8-9.
24 Id. at 11.
25 Exhibit "D"; Records, (Crim. Case No. 16691-R), p. 8.
26 TSN, 28 July 2000, pp. 8-9.
27 Id. at 14.
28 TSN, 20 July 2000, p. 10.
29 CA rollo, pp. 30-32.
30 Id. at 128.
31 The docket numbers of the instant cases when first elevated to the Court.
32 G.R. Nos. 147678-87, 7 July 2004, 433 SCRA 640.
33 Rollo, pp. 3-18; Penned by Associate Justice Vicente Q. Roxas, with the concurrence of Associate Justices Conrado M. Vasquez, Jr. and Juan Q. Enriquez, Jr.
34 CA rollo, pp. 11 and 13.
35 Id. at 16.
36 Rollo, p. 17.
37 Id. at 19.
38 Manifestation (In Lieu of Supplemental Brief) dated 4 September 2006; rollo, pp. 20-21.
39 Manifestation dated 27 December 2006; rollo, pp. 23-25.
40 CA rollo, pp. 83-122.
41 People v. Boromeo, G.R. No. 150501, 3 June 2004, 430 SCRA 533, 541.
42 People v. Limio, G.R. Nos. 148804-06, 27 May 2004, 429 SCRA 597, 610.
43 Id. at 611.
44 TSN, 13 October 1999, pp. 27-29.
45 Id. at 10-11.
46 TSN, 14 October 1999, p. 3.
47 CA rollo, pp. 29-30.
48 People v. Serrano, 405 Phil. 615, 627 (2001).
49 People v. Iluis, 447 Phil. 517, 528 (2003).
50 People v. Suarez, G.R. Nos. 153573-76, 15 April 2005, 456 SCRA 333, 346.
51 People v. Moralde, 443 Phil. 369, 383 (2003).
52 Id.
53 CA rollo, pp. 31-32.
54 People v. Escultor, G.R. Nos. 149366-67, 27 May 2004, 429 SCRA 651, 668.
55 Ordinario v. People, G.R. No. 155415, 20 May 2004, 428 SCRA 773, 781.
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