EN BANC

[G.R. Nos. 140873-77. February 6, 2004]

PEOPLE OF TE P!L!PP!NE", appellee, vs. LE#!
"$%&R&GO, appellant.
' E ( ! " ! O N
(&LLE)O, "R., J.*
The Spouses Vivencio and Teodora Brigole had four children. Two of
them were girls Norelyn who was !orn on "ecem!er #$ %&'$
(%)
and her
older sister "one*a who was !orn in %&'+. ,owever Teodora left Vivencio
and -ept custody of their children.
.n %&&% Teodora and the appellant /evi Sumarago an eighteen0year0old
mesti*o Subanen started living together as hus!and and wife. They had two
children 1aricel and /evi Sumarago 2r. Teodora and /evi often 3uarreled
!ecause of their myriad pro!lems. .n %&&+ then thirteen0year0old "one*a
went to 1alaysia for employment.
.n the morning of 1arch 4 %&&4 Norelyn who was then !arely ten years
old was gathering firewood with the appellant in the latter5s farmland. 6hile
they were nearing a guava tree the appellant suddenly !o7ed her on the
stomach. Norelyn lost consciousness. She had her clothes when she wo-e
up. .t was a!out noon. She had a terri!le headache and felt pain in her
vagina. She also had a !ruise in the middle portion of her right leg. The
appellant warned her not to tell her mother a!out it otherwise he would -ill
her.
8n 1arch %+ %&&4 Norelyn and the appellant were again gathering
firewood. The appellant ordered her to follow him to the !anana plantation
owned !y 1e9orcada in Barangay 1anlin Buug :am!oanga del Sur. ,e
wal-ed ahead while Norelyn followed. She then lost sight of the appellant. As
she passed !y the !anana plantation the appellant suddenly appeared and
gra!!ed her. ,e then forced her to lie down. ,e removed her panties and
when she tried to shout he covered her mouth with his hand. ,e mounted
her and inserted his penis into her vagina. Norelyn felt e7cruciating
pain. After he was satiated the appellant stood up and ordered her to put on
her panties. ,e warned her ;"on5t you ever tell . will surely -ill you.<
8n 1arch #$ %&&4 Norelyn and the appellant were scheduled to gather
firewood in the farmland owned !y 1e9orcada. Norelyn did not want to go !ut
she could not refuse as the appellant would get mad at her. She sat !y a
guava tree and waited for the appellant. 6hen he arrived he told her to come
near him. Norelyn refused. The appellant then held her hand and !rought her
to an area hidden !y !ushes. ,e too- off Norelyn5s panties and undressed
himself. ,e went on top of her and inserted his penis into her
vagina. Norelyn could not move as the appellant pinned her legs with his
own. She tried to shout !ut the appellant5s hand was on her mouth. After he
was done with her he ordered her to put on her clothes. ,e then dressed
himself and told her that they were going home. Norelyn did not tell her
mother a!out the incident for fear that the appellant would -ill them !oth.
8n April # %&&4 Norelyn and the appellant gathered firewood anew in the
same farmland. She waited for the appellant !efore leaving for home. The
appellant arrived. ,e undressed Norelyn and forced her to lie down and
mounted her. She tried to shout !ut he covered her mouth with his hand. ,e
then inserted his penis into her vagina. After he was satiated he ordered her
to put her clothes on and to stand up.
8n April %% %&&4 the appellant told Norelyn that they were going
to Barangay /antawan where Su!anen tri!es resided to gather firewood. She
told the appellant that she could not go with him !ecause she had some
chores to do in the house. The appellant insisted and told her to let her
mother do the chores. After gathering firewood the appellant told her that
they would get some a!aca with which to tie the wood. ,owever when they
were near tall grasses he pulled her down and too- off all her clothes. After
undressing himself the appellant mounted her and inserted his penis into her
vagina. Norelyn tried in vain to shout !ut she could not as the appellant5s
hand covered her mouth. Afterwards he ordered her to put on her clothes.
/ater Norelyn told her sister "one*a that the appellant had raped her.
8n August #$ %&&= Sopiana 1a3ue Teodora5s mother and Norelyn5s
grandmother was in :am!oanga City visiting her other daughter. Norelyn and
"one*a stayed with their grandmother. "one*a as-ed Sopiana if she -new
a!out what happened to Norelyn. 6hen Sopiana replied in the negative
"one*a told her that the appellant had raped Norelyn. 6hen Sopiana
confronted Norelyn the latter confirmed what "one*a said. Sopiana was
shoc-ed. She cried as she thought of her granddaughter5s terri!le ordeal.
8n August +> %&&= Sopiana and her granddaughters returned to
Barangay 1anlin. Sopiana told Teodora what "one*a and Norelyn had
related to her. Teodora confronted Norelyn and the latter confirmed that the
appellant had indeed raped her. She told her mother that she did not say
anything earlier !ecause she was afraid the appellant might -ill her and their
family.
The appellant was then in 9ail on a rape charge. Teodora visited him there
and confronted him a!out the matter. At first the appellant denied that he
raped Norelyn. ,e later had a change of heart and admitted that he had
indeed raped Norelyn. Teodora was infuriated.
8n 8cto!er %' %&&= Teodora had Norelyn e7amined !y "r. Avenida
Vista. The doctor5s findings were as follows?
DIAGNOSIS/FINDINGS:
(-)- MENARCHE
BREAST-SLIGHTLY DEVELOPED
VULVA:
LABIA MINORA NOT WELL DEVELOPED
LABIA MAJORA NOT WELL DEVELOPED
- LACERATION INCOMPLETE AT
HYMEN 3 OCLOC AND !
OCLOC POSITION
- NO ABRASION NOR HEMATOMA NOTED
(-) ABSENCE OF SPERMATO"OA
(#)
8n 8cto!er #& %&&= Teodora and Norelyn filed a criminal complaint for
rape against the appellant with the 1unicipal Trial Court of Buug :am!oanga
del Sur.
(+)
The appellant was charged with five counts of rape in five .nformations
filed with the @egional Trial Court of :am!oanga del Sur Branch #>. The
doc-et num!ers and the accusatory portion of each .nformation read as
follows?
CRIMINAL CASE NO# $%3&
'T()* +, +- ).+/* A0-12 334 3!!% )* 5:36 +72+78 +, *(9 :+-,1,; :+-9 +- 29<< )*
B)-),;)= L),*)>),4 M/,1710)21*= +? B//;4 P-+@1,79 +? "):.+),;) A92 S/-4
P(121001,9< ),A >1*(1, *(9 B/-1<A17*1+, +? *(1< H+,+-).29 C+/-*4 *(9 ).+@9-,):9A
)77/<9A .= :9),< +? ?+-79 ),A 1,*1:1A)*1+,4 A1A *(9, ),A *(9-9 >122?/22=4 /,2)>?/22=
),A ?92+,1+/<2= </7799A4 1, ()@1,; 7)-,)2 8,+>29A;9 >1*( +,9 N+-12=, (sic) B-1;+29 )
:1,+- +? (36) *9, =9)-< +2A4 );)1,<* *(9 2)**9-< >122#
A7* 7+,*-)-= *+ A-*1729 33% +? *(9 R9@1<9A P9,)2 C+A9#C
CRIMINAL CASE NO# $%35
'T()* +, M)-7( $D4 3!!% )* ,++, :+-9 +- 29<<4 )* B)-),;)= M),21,4 M/,1710)21*= +?
B//;4 P-+@1,79 +? "):.+),;) A92 S/-4 P(121001,9< ),A >1*(1, *(9 B/-1<A17*1+, +? *(1<
H+,+-).29 C+/-*4 *(9 ).+@9-,):9A )77/<9A4 .= :9),< +? ?+-79 ),A 1,*1:1A)*1+,4 A1A
*(9, ),A *(9-9 >122?/22=4 /,2)>?/22= ),A ?92+,1+/<2= </7799A 1, ()@1,; 7)-,)2
8,+>29A;9 >1*( +,9 N+-12=, B-1;+294 ) :1,+- +? 36 =9)-< +2A4 );)1,<* (9- >122#
A7* 7+,*-)-= *+ A-*1729 33% +? *(9 R9@1<9A P9,)2 C+A9#C
CRIMINAL CASE NO# $%3!
'T()* +, M)-7( 334 3!!% )* 36:66 +72+78 :+-9 +- 29<< 1, *(9 :+-,1,; )* B)-),;)=
M),21,4 M/,1710)21*= +? B//;4 P-+@1,79 +? "):.+),;) A92 S/-4 P(121001,9< ),A
>1*(1, *(9 B/-1<A17*1+, +? *(1< H+,+-).29 C+/-*4 *(9 ).+@9-,):9A )77/<9A .= :9),< +?
?+-79 ),A 1,*1:1A)*1+,4 A1A *(9, ),A *(9-9 >122?/22=4 /,2)>?/22= ),A ?92+,1+/<2=
</7799A 1, ()@1,; 7)-,)2 8,+>29A;9 >1*( +,9 N+-12=, B-1;+29 ) :1,+- +? *9, (36)
=9)-< +2A );)1,<* (9- >122#
A7* 7+,*-)-= *+ A-*1729 33% +? *(9 R9@1<9A P9,)2 C+A9#C
CRIMINAL CASE NO# $%D6
'T()* +, A0-12 $4 3!!% )* B)-),;)= M),21,4 M/,1710)21*= +? B//;4 P-+@1,79 +?
"):.+),;) A92 S/-4 R90/.217 +? *(9 P(121001,9<4 ),A >1*(1, *(9 B/-1<A17*1+, +? *(1<
H+,+-).29 C+/-*4 *(9 ).+@9-,):9A )77/<9A .= :9),< +? ?+-79 ),A 1,*1:1A)*1+, A1A
*(9, ),A *(9-9 >122?/22=4 /,2)>?/22= ),A ?92+,1+/<2=4 ()@9 7)-,)2 8,+>29A;9 >1*( +,9
N+-12=, B-1;+29 ) :1,+- +? 36 =9)-< +2A4 );)1,<* (9- >122#
A7* 7+,*-)-= *+ A-*1729 33% +? *(9 R9@1<9A P9,)2 C+A9 )< ):9,A9A .= R#A# &E%!#C
CRIMINAL CASE NO# $%D3
'T()* +, M)-7( %4 3!!% )* B)-),;)= M),21,4 M/,1710)21*= +? B//;4 P-+@1,79 +?
"):.+),;) A92 S/-4 P(121001,9< ),A >1*(1, *(9 B/-1<A17*1+, +? *(1< H+,+-).29 C+/-*4
*(9 ).+@9-,):9A )77/<9A .= :9),< +? ?+-79 ),A 1,*1:1A)*1+, A1A *(9, ),A *(9-9
>122?/22=4 /,2)>?/22= ),A ?92+,1+/<2= ()@9 7)-,)2 8,+>29A;9 >1*( +,9 N+-12=, B-1;+29
) :1,+- +? *9, (36) =9)-< +2A4 );)1,<* (9- >122#
A7* 7+,*-)-= *+ A-*1729 33% +? *(9 R9@1<9A P9,)2 C+A9 )< ):9,A9A .= R#A &E%!#C
The Case for the Appellant
The appellant denied the charges. ,e testified that he was a fisherman
and on those dates when he allegedly raped Norelyn he was out at sea
fishing. Arom his house it would ta-e hours for one to get to Bamintayan
where he used to fish for @udy Camar. ,e was not aware of any reason why
Norelyn would charge him of rape. ,e had !een very good to
Norelyn. Teodora filed the complaints against him !ecause according to her
theBarangay Captain threatened to send her to 9ail if she would not charge the
appellant with rape.
After due trial the court rendered 9udgment the decretal portion of which
reads?
A77+-A1,;2=4 B/A;:9,* 1< (9-9.= -9,A9-9A ?1,A1,; *(9 )77/<9A4 LEVI SUMARAGO4
GUILTY4 )< 0-1,710)24 +? *(9 7-1:9 +? R)09 1, *(9<9 C-1:1,)2 C)<9< N+<# $%3&4 $%354
$%3!4 $%D64 ),A $%D34 ),A <9,*9,79< (1: *+ *(9 7)01*)2 0/,1<(:9,* +? DEATH# H9 1<
?/-*(9- +-A9-9A *+ 1,A9:,1?= *(9 @17*1: N+-92=, B-1;+29 1, *(9 </: +? T>+ H/,A-9A
F1?*= T(+/<),A P9<+<#
L9* *(9 -97+-A< +? *(9<9 7)<9<4 1,72/A1,; *(9 *-),<7-10* +? <*9,+;-)0(17 ,+*9<4 ),A
+.B97* 9@1A9,79 .9 ?+->)-A9A *+ *(9 S/0-9:9 C+/-* >1*(1, *>9,*= A)=< )?*9-
0-+:/2;)*1+, +- ,+*179 +? A9,1)2 +? ),= :+*1+, ?+- ,9> *-1)2 +- -97+,<1A9-)*1+,4 ?+- 1*<
)/*+:)*17 -9@19> ),A B/A;:9,* en banc#
SO ORDERED#
($)
The appellant assails the decision of the trial court contending that?
!
THE COURT A FUO GRAVELY ERRED IN FINDING THE ACCUSED-
APPELLANT GUILTY BEYOND REASONABLE DOUBT OF CONSUMMATED
RAPE DESPITE THE UNCERTAINTY OF ITS COMMISSION#
!!
THE COURT A FUO GRAVELY ERRED IN IMPOSING THE SUPREME
PENALTY OF DEATH DESPITE FAILURE OF THE PROSECUTION TO ALLEGE
THE RELATIONSHIP IN THE INFORMATION#
(4)
8n the first assignment of error the appellant avers that the prosecution
failed to prove that he had carnal -nowledge of Norelyn on 1arch 4 %&&4
!ecause of the following? D%E Norelyn merely testified that the appellant !o7ed
her and when she regained consciousness felt pains in her vagina and saw
that her right leg was !ruisedF D#E she was fully clothed when she awo-eF and
D+E she only !elieved that the appellant raped her !ecause her vagina was
painful.
As for the four other counts of rape the appellant insists Norelyn5s
account of the crimes charged are !ut mere general narrations without
specific details of the events as they transpired. ,er testimony that the
appellant raped her on 1arch %+ %&&4 is incredi!le !ecause she admitted
that the appellant had se7 with her only for a short time. Considering that at
her tender age her vagina had not yet developed the appellant could not
have inserted his penis only for a short time. 1oreover the doctor testified
that she was unsure as to what had caused the hymenal laceration in
Norelyn5s vagina and that it could have !een caused !y a finger or a stic-.
6e agree with the appellant that the prosecution failed to prove !eyond
reasona!le dou!t that the appellant had carnal -nowledge of Norelyn
on1arch 4 %&&4.
Aor the accused to !e held guilty of consummated rape the prosecution
must prove !eyond reasona!le dou!t that? D%E there had !een carnal
-nowledge of the victim !y the accusedF D#E the accused achieves the act
through force or intimidation upon the victim !ecause the latter is deprived of
reason or otherwise unconscious.
(=)
Carnal -nowledge of the victim !y the
accused may !e proved either !y direct evidence or !y circumstantial
evidence that rape had !een committed and that the accused is the
perpetrator thereof. A finding of guilt of the accused for rape may !e !ased
solely on the victim5s testimony if such testimony meets the test of
credi!ility. Corro!orating testimony fre3uently unavaila!le in rape cases is not
indispensa!le to warrant a conviction of the accused for the crime.
(G)
This Court
has ruled that when a woman states that she has !een raped she says in
effect all that would !e necessary to show that rape did ta-e place. ,owever
the testimony of the victim must !e scrutini*ed with e7treme caution. The
prosecution5s evidence must stand or fall on its own merits.
(')
.n People v. Campuhan
(&)
we ruled that for the accused to !e guilty of
consummated rape there must !e sufficient and convincing proof that the
penis indeed touched at least the la!ia ma9ora or slid into the female organ
and not merely stro-ed the e7ternal surface thereof. The Court further ruled
that?
G T(/<4 touching >(9, )00219A *+ -)09 7)<9< A+9< ,+* <1:02= :9), :9-9 901A9-:)2
7+,*)7*4 <*-+81,; +- ;-)H1,; +? +-;),<4 ) <21;(* .-/<( +- ) <7-)09 +? *(9 09,1< +, *(9
9I*9-,)2 2)=9- +? *(9 @17*1:< @);1,)4 +- *(9 mons pubis #G T(9-9 :/<* .9 </??1719,*
),A 7+,@1,71,; 0-++? *()* *(9 09,1< 1,A99A *+/7(9A *(9 2).1)< +- <21A 1,*+ *(9 ?9:)29
+-;), ),A not merely stroked the external surface thereof ?+- ), )77/<9A *+ .9
7+,@17*9A +? 7+,</::)*9A -)09# A< *(9 labias )-9 -9J/1-9A *+ .9 '*+/7(9AC .= *(9
09,1<4 >(17( )-9 .= *(91- ,)*/-)2 situs +- 2+7)*1+, .9,9)*( *(9 mons pubis +- *(9
@);1,)2 </-?)794 *+ *+/7( >1*( *(9 09,1< 1< *+ )**)1, <+:9 A9;-99 +? 09,9*-)*1+, .9,9)*(
*(9 </-?)794 (9,794 *(9 7+,72/<1+, *()* *+/7(1,; *(9 labia majora +- minora +?
*(9 pudendum 7+,<*1*/*9< 7+,</::)*9A -)09#
(%>)
The Court emphasi*ed that a!sent any showing of the slightest
penetration of the female organ i.e. touching of the la!ia of the pudendum !y
the penis there can !e no consummated rape.
.n this case Norelyn testified that in the morning of 1arch 4 %&&' the
appellant !o7ed her rendering her unconscious. 6hen she regained
consciousness !efore noon she had a severe headache. ,owever she still
had her clothes on. She suspected that the appellant had carnal -nowledge
of her !ecause her vagina was painful?
H ? Now where were you sometime in 1arch 4 %&&4I
A ? . was at our house.
H ? 6ho were your companionsI
A ? 1y mother.
H ? Aside from your motherI
A ? 1y stepfather /evi Sumarago.
H ? This /evi Sumarago is your stepfatherI
A ? Jes sir.
H ? 6hat did he do in that noon of 1ay 4I
A ? 6e were gathering firewood.
H ? And who was your companion in gathering firewoodI
A ? 1y stepfather sir.
H ? And where did you proceedI
A ? .n the land owned !y /evi Sumarago.
H ? Now while gathering firewood do you remem!er if there was an unusual incident
that too- place at that timeI
A ? Jes sir.
H ? 6hat was that unusual incidentI
A ? 6e went to a certain guava tree and then the accused /evi Sumarago hit me !y
DsicE his fist and then . lost my consciousness.
H ? After you were !eing DsicE hit !y DsicE the fist of /evi Sumarago and as you said you
lost your consciousness after you regained your consciousness what have you
o!servedI
A ? . felt di**y my head was aching so much and . felt pain on my vagina.
H ? And after you regained your consciousness and after having felt pain from your
head as well as from your vagina what did /evi Sumarago doI
A ? ,e told me ;don5t tell your mother a!out this !ecause . will -ill you.<
H ? Then after that what happen(ed) ne7tI
A ? ,e ordered me to stand up !ecause we will already go home.
H ? Jour mother was not with you when you were gathering firewoodI
A ? None DsicE sir.
(%%)
8n clarificatory 3uestions propounded !y the trial court 9udge Norelyn
testified as follows?
H ? After your stepfather !o7ed you you said you lost your consciousness and
!ecause you lost your consciousness you don5t -now what happen(ed) ne7t am .
rightI
A ? . don5t -now.
H ? .s it not a fact that you were already wearing pants on 1arch 4 %&&4I
A ? Jes sir.
H ? And at the time you regained your consciousness your panty and your pants you
were still wearing DsicEI
A ? Jes sir.
H ? .ncluding your dressI
A ? Jes sir.
H ? .n fact you did not see any !lood in your panty is that correctI
A ? . have not seen.
H ? /i-ewise with your pants or clothesI
A ? There was none.
H ? There was also no !lood on the shirt of your stepfatherI
A ? There was no !lood.
H ? So after regaining your consciousness your stepfather went home directlyI
A ? Jes sir.
H ? Jou said that you were threatened on 1arch 4 %&&4I 6arned you not to tell
any!odyI
A ? Jes sir.
H ? .n fact you were aware what happen(ed) to you when you lost your
consciousness is that correctI
A ? Jes sir !ut . had a dou!t !ecause my vagina was painful.
H ? And that was the only reason why you dou!tedI
A ? Jes sir.
(%#)
K
C8L@T?
6as there a time in all these five incidents that you noticed in your !ody the
presence of white su!stance in your vaginaI
A ? . did not notice.
H ? "id you clean yours after the incident that you were a!usedI
A ? Jes sir.
H ? "id you wash your private part after each incidentI
A ? . ta-e DsicE a !ath.
H ? And you did not notice any K do you -now the word spermI
A ? . don5t -now what is sperm.
H ? Jou did not notice any white su!stance or fluid when you were ta-ing a !ath after
its DsicE incident.
A ? . did not.
H ? ,ow long did the pain last in your vaginaI
A ? Aor a long time.
(%+)
There is no proof !eyond reasona!le dou!t that the appellant5s penis
entered the la!ia of the pudendum of Norelyn. .t is possi!le that while Norelyn
was unconscious the appellant undressed her removed her panties and
inserted his private organ into her vaginaF and after satisfying himself put her
clothes !ac- on !efore she regained consciousness. But such possi!ility is
not synonymous with evidence. That the appellant had carnal -nowledge of
Norelyn cannot !e presumed simply !ecause she felt pain in her vagina when
she regained consciousness and that for over a period of time the appellant
warned her not to tell any!ody.
The appellant may not even !e convicted of attempted rape under Article =
in relation to Article ++4 of the @evised Benal Code !ecause there is no
evidence that the appellant commenced !y overt acts the commission of the
offense which had direct connection with the crime intended to !e committed
!ut did not perform all the acts of e7ecution which should produce the felony.
(%$)
There is no evidence that the appellant !o7ed Norelyn for the purpose of
raping her. The testimony of "r. Avenida Vista that she found an incomplete
laceration on Norelyn5s hymen when she e7amined the child on 8cto!er %'
%&&= does not constitute proof that Norelyn sustained the laceration on 1arch
4 %&&'. .t !ears stressing that the appellant raped Norelyn four
times after 1arch 4 %&&4. She was e7amined !y "r. Vista only after the said
rapes. .t is entirely possi!le that Norelyn sustained the laceration on the
su!se3uent dates? on 1arch %+ %&&4 1arch #$ %&&4 April # %&&4 and
on April %% %&&4.
,owever as regards the four other counts of rape the prosecution
through Norelyn5s testimony mustered the re3uisite 3uantum of evidence to
prove consummated rape thus?
+ * No,, a-.er ./a. 01203e1., ,/e1 ,as ./e se2o13 .04e ./a. Le50 "u4ara6o ra7e
you8
& * O1 %ar2/ 13, 199:.
H ? And where did that happenI
A ? .n the !anana plantation.
H ? And where was that !anana plantationI
A ? .n the land of a certain 1e9orcada.
H ? .n what !arangay is that land of 1e9orcada locatedI
A ? Barangay 1anlin.
H ? 6hat municipalityI
A ? Buug.
H ? 6ill you please narrate !riefly what transpired on that date 1arch %+ %&&4I
A ? 6e were again gathering firewood together with my stepfather and he told me to
follow him !ecause he would get !anana from the !anana plantation so . followed
him !ut he was lost immediately from my sight and as . passed !y the !anana
plantation he immediately gra!!ed me.
H ? 6ho gra!!ed youI
A ? 1y stepfather.
H ? After your stepfather gra!!ed you what happen(ed) ne7tI
A ? ,e made me lie down too- off my panty and then that was the time . shouted !ut
he covered !y DsicE mouth with his hands.
H ? After that what happen(ed)I
C8L@T?
This time you were not !o7(ed)I
A ? Not DsicE sir.
H ? So you were aware of what was happening to youI
A ? Jes sir.
H ? Now after your stepfather made you lie down on the ground and after he removed
your panty as well as your clothes what did he do ne7tI
A ? ,e had se7ual intercourse with me.
H ? 6hat do you mean !y se7ual intercourseI
A ? ,e mounted DsicE me and inserted his penis to my vagina.
H ? After your stepfather inserted his penis to your vagina what did you feelI
A ? 1y vagina was very painful.
H ? Now what did you do when you felt pain of what he has done with you DsicEI
A ? . was trying to shout !ut he was covering my mouth.
H ? .n your own estimate how long did /evi Sumarago (laid) himself on top of you and
inserted his penis in your vaginaI
A ? .t was 9ust for a short time he immediately stood up and advised me to wear my
panty.
H ? Now after you were instructed to wear your panty what happen(ed) ne7tI
A ? ,e told me to stand up !ecause we will already go home.
H ? 6ere you a!le to reach home that dayI
A ? Jes sir.
H ? "id you see your mother in your houseI
A ? Jes sir.
H ? And you mentioned that incident to your motherI
A ? . did not.
H ? 6hat is the reason again why you did not inform your mother a!out the incidentI
A ? Because of his words that if . will tell my mother he will -ill me.
C8L@T?
E7actly what are the words he usedI
A ? ;Ayaw gyud ug sumbong kay kung mosumbong ka, patyong ta gyud ka.<
H ? Jou were the one threatened !y your stepfatherI
A ? . was the one.
H ? ,ow a!out on 1arch %4 %&&4 what were the e7act words of your stepfather when
you wo-e up.
A ? Ayaw ug sumbong kay kung mosumbong ka, patyon ta gyud ka.
? ;1eaning don5t you ever tell . would surely -ill you.<
+ * No,, 2a1 you s.0;; re4e4ber ./e ./0r3 .04e Le50 "u4ara6o se<ua;;y abuse3
you8
& * O1 %ar2/ 24, 199:.
H ? And where did it ta-e placeI
A ? At the guava tree.
H ? And where is that guava tree situatedI
A ? .n the land owned !y 1oncada.
H ? And why were you there in that placeI
A ? 6e again gather(ed) firewood.
H ? 6ho were your companionsI
A ? 8nly my stepfather sir and myself.
H ? 8ther than you and your stepfather was DsicE there other people in that placeI
A ? None sir.
H ? 6ill you -indly narrate !efore this Court what actually transpired on that date on
the said placeI
A ? Again during that date 1arch #$ %&&4 . went with my father to gather
firewood. 6hile he was gathering firewood . was waiting at the guava tree and
near the guava tree there were grasses after he gathered firewood he told me
please come near me !ut . did not !ecause . already -new his intention and
!ecause . did not go near him he held my hand and !rought me to the !ushes.
H ? 6hen your stepfather again !rought you to the !ushes what happened ne7tI
A ? ,e again too- off my panty and after that he also too- off his pants and his
underwear.
H ? After he too- off your panty and he also too- off his pants and underwear what
happened ne7tI
A ? ,e attempted to have se7ual intercourse with me and he mounted on top of me
and covering DsicE my mouth the time . tried to shout.
H ? 6hen your stepfather was lying on top of you what else did he doI
A ? ,e inserted again his penis to my vagina and !ecause of the pain . was trying to
shout !ut . cannot !ecause he was holding DsicE my mouth.
H ? ,ow a!out your legs did you not -ic- himI
A ? No . cannot !ecause his legs were positioned on top of my legs.
H ? So his legs are DsicE pinning down your legsI
A ? Jes sir.
H ? 6hy did you not refuse going with your stepfather to gather firewood this timeI
A ? Because according to him there was no more firewood and if . will say no he will
surely get mad.
H ? And when he gets mad of DsicE you what would he do to youI
A ? ,e would -ic- me.
H ? .s it not more painful to !e raped than to !e -ic-edI
A ? Being raped is more painful.
C8L@T?
Broceed.
ATTJ. /.NCAT.NC?
Now after your stepfather /evi Sumarago succeeded in having se7ual intercourse
against DsicE you what happened ne7tI
A ? ,e again told me to wear my panty and stood up and he also wore his own clothes
and he advised me that we will already go home.
H ? "id you reach home that timeI
A ? Jes sir.
H ? And you saw your mother inside your houseI
A ? Jes sir.
H ? And what did you say to your mother a!out the incidentI
A ? . did not say anything.
H ? 6hy did you not say anything to your motherI
A ? Because if . will tell my mother he would -ill me.
H ? "o you thin- that your stepfather would really -ill you if ever you will reveal to your
motherI
ATTJ. B8NCA/8S?
8!9ection.
C8L@T?
8!9ection overruled.
A ? Jes sir.
H ? 6hat made you thin- soI
A ? Because he really told me ;you try to tell your mother . will surely -ill you tonight.<
H ? And you !elieve thatI
A ? Jes sir.
+ * No,, ,/e1 -or ./e -our./ .04e 303 your s.e7-a./er ra7e you8
& * &7r0; 2, 199:.
H ? And where did that incident ta-e placeI
A ? At the Katagbakan located at the land of a certain 1oncada.
H ? 6hat do you mean !y katagbakanI
A ? .5m referring to a fruit named katagbak.
H ? And where is that katagbakan locatedI
A ? .n the land of 1oncada.
H ? .n what !arangayI
A ? 1anlin.
H ? 6hat municipalityI
A ? Buug :"S.
H ? And what actually happened in that place at katagbakanI
A ? 6e again gathered firewood in the land of 1oncada this time . was waiting for
him at the katagbakan plantation and when he returned after he gathered
firewood he went near me and he again a!used me.
H ? "id you not suspect that he would do or a!use you again this timeI
A ? . thought a!out it.
H ? 6hy did you not run awayI
A ? Because of fear that if we will reach home he would -ill me.
H ? Now how did he actually a!use youI
A ? ,e again too- off his clothes and mounted on (top of) me and . shouted !ut he
held my mouth.
H ? 6hen your stepfather was on top of you what happen(ed) ne7tI
A ? ,e again inserted his penis to my vagina.
H ? After that what happen(ed)I
A ? 1y vagina was very painful.
H ? After you felt pain what did you doI
A ? . shouted.
H ? 6ere you a!le to shoutI
A ? No !ecause he was covering my mouth.
H ? Aor how long did your stepfather had se7ual intercourse with you in that place and
dateI
A ? 2ust for a short time.
H ? And after your stepfather did that what happen(ed) ne7tI
A ? Again he advised me to stand up !ecause we will already go home.
+ * =/e1 ,as ./e ;as. .04e ./a. your s.e7-a./er abuse3 you8
& * &7r0; 11, 199:.
H ? And where did that incident ta-e placeI
A ? At Barangay /antawan.
H ? .s Brgy. /antawan a !arangayI
A ? Jes sir.
H ? Bart of what municipalityI
A ? The only thing . can remem!er it is a !arangay where the su!anen reside . do not
-now a!out the municipality.
H ? 8n April %% %&&4 he also as-ed you to accompany him to gather firewoodI
A ? Jes sir.
H ? And of course you suspected that you will again !e raped !y your stepfatherI
A ? Jes . !elieved . would again !e a!used.
H ? And you did not do anything to prevent your going with himI
A ? This time when he told me to go with him . did something at home in order to
prevent myself to go with him and he told me ;let your mother do that.<
ATTJ. /.NCAT.NC?
6hy were you then in that placeI
A ? To gather firewood.
H ? And who are your companionsI
A ? 8nly the two of us.
H ? 6ere you a!le to gather firewoodI
A ? Jes sir.
H ? Now after you were a!le to gather firewood what happen(ed) ne7tI
A ? After gathering firewood my stepfather told me that we will get abaka to tie our
firewood and when we reach(ed) a place where there were tall grasses and he
again ordered me to lie down and too- off his clothes and mine and he mounted
on top of me.
H ? After your stepfather mounted himself on top of you what did he do ne7tI
A ? ,e inserted his penis to my vagina.
H ? After he inserted his penis to your vagina what did you doI
A ? . shouted.
H ? 6ere you a!le to shoutI
A ? No !ecause he covered my mouth with his hand.
H ? And when your father se7ually a!used you what happened ne7tI
A ? After having se7ually a!used me he told me to stand up !ecause we were a!out
to go home.
(%4)
DEmphases ours.E
The credi!ility of Norelyn and the pro!ative weight of her testimony cannot
!e assailed simply !ecause of her admission that it too- the appellant only a
short time to insert his penis into her vagina and to satiate his lust. The mere
entry of his penis into the la!ia of the pudendum even if only for a short while
is enough. .nsofar as the consummation of the crime of rape is concerned
the !revity of time that the appellant inserted his penis into the victim5s vagina
is of no particular importance. As this Court held in People v. e!uia?
(%=)
G KIL, -)09 7)<9<4 *(9-9 )-9 ,+ ()2? :9)</-9< +- 9@9, J/)-*9- :9)</-9<4 ,+- 1< *(91-
;-)@1*= ;-)A/)*9A .= *(9 1,7(9< +? 9,*-=# P)-*1)2 09,129 09,9*-)*1+, 1< )< <9-1+/< )< ?/22
09,9*-)*1+,# I, 91*(9- 7)<94 -)09 1< A99:9A 7+,</::)*9A# W9 ?/-*(9- <)1A *()* 1, )
:),,9- +? <09)81,;4 '.+:.)-A:9,* +? *(9 A-)>.-1A;9 1< 1,@)<1+, 9,+/;( 9@9, 1? *(9
*-++0< A+ ,+* </7799A 1, 9,*9-1,; *(9 7)<*29#
(%G)
The appellant5s assertion that the incomplete laceration in the hymen of
Norelyn could have !een caused !y a stic- or a finger is clutching at s