Professional Documents
Culture Documents
2 - People v. Pangilinan
2 - People v. Pangilinan
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G.R. No. 171020. March 14, 2007.
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* EN BANC.
359
Criminal Law; Rape; This Court has held time and again that
testimonies of rape victims who are young and immature deserve
full credence, considering that no young woman, especially of
tender age, would concoct a story of defloration, allow an
examination of her private parts, and thereafter pervert herself by
being subject to a public trial, if she was not motivated solely by
the desire to obtain justice for the wrong committed against her.—
This Court has held time and again that testimonies of rape
victims who are young and
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360 SUPREME COURT REPORTS ANNOTATED
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VOL. 518, MARCH 14, 2007 361
362
363
show any improper motive on the part of the rape victim to testify
falsely against the accused or to falsely implicate him in the
commission of a crime, the logical conclusion is that the testimony
is worthy of full faith and credence.
CHICO-NAZARIO, J.:
1
For review is the decision of the Court of Appeals in CA-
G.R. CR-H.C. No. 01414 dated 16 November2
2005 which
affirmed with modification the decision of the Regional
Trial Court (RTC) of Dinalupihan, Bataan, Branch 5, in
Criminal Cases Nos. DH 586-97 and 587-97, finding
appellant Alfredo Trinidad Pangilinan guilty of two counts
of rape. The Court of Appeals upheld the two death
sentences imposed on appellant but modified the award of
damages.
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364
Two informations
3
were filed charging appellant with
raping AAA, his daughter. The informations read:
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366
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in chief. On 15 December 1997, appellant filed his
comment 9 and/or opposition to the prosecution’s offer of
evidence.
In an Order dated 23 April 1998, the trial court, finding
that the evidence against the10 accused is strong, denied
appellant’s petition for bail. Thereafter, the defense
presented its evidence with appellant as the sole witness.
Appellant testified as follows:
Appellant narrated that he left for Saudi Arabia on 27
May 1990 and returned on 22 September 1992. Upon his
return, a lot of people informed him that his wife was
having an affair. Complainant even told him he is not the
father of his youngest daughter. As a result, he lost interest
in going back to Saudi Arabia, merely stayed at home and
did not look for work. He revealed that before he left for
Saudi Arabia, his daughter AAA was sweet to him, that is,
she hugged and kissed him. When he returned from Saudi
Arabia, he said AAA became sweeter.
In September 1995, his wife was in Singapore working
as an overseas contract worker. He kept in touch with her
through phone and letters. Once, while he was writing a
letter to his wife, he said he became drunk and was not
able to finish the letter. He felt dizzy, lay down and slept.
He was awakened by the embraces and kisses of a person
who turned out to be his daughter, AAA. He said there was
malice in the way his daughter embraced and kissed him.
He wondered why his daughter was kissing him the way
she did. He embraced her but he did not allow anything to
happen, she being his daughter.
Appellant further testified that the same incident
happened again, but this time, he was not drunk. He said
AAA approached him wanting to have sex with him by
pointing her finger on her palm. He advised her that sex is
only done by
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368
368 SUPREME COURT REPORTS ANNOTATED
People vs. Pangilinan
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11 Id., at p. 115.
12 Id., at p. 133.
369
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13 Id.
14 Id., at p. 134.
15 G.R. Nos. 147678-87, 7 July 2004, 433 SCRA 640.
16 Rollo, p. 186.
370
II
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17 Id., at p. 22.
18 Id., at p. 1.
371
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19 Miranda v. Tuliao, G.R. No. 158763, March 31, 2006, 486 SCRA 377,
389; Alva v. Court of Appeals, G.R. No. 157331, April 12, 2006, 487 SCRA
146, 169.
20 Section 14 (2), Article III, 1987 Philippine Constitution.
21 People v. Monteron, 428 Phil. 401, 406; 378 SCRA 340, 345 (2002).
372
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373
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24 People v. Bascugin, G.R. No. 144195, 25 May 2004, 429 SCRA 140,
146.
374
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Prosec. Tanciongco:
How were you raped by your father?
a. It was night time, sir, my brother and sisters, sir, including
me, sir, were already sleeping, I just felt that my fa- ther was
removing my short.
q. Where were you then at the time when you felt that your
father was removing your short?
a. I was in my bed, sir.
q. You said a while ago that night time, what time more or less of
the night?
a. Between the hours of 9 and 10 o’clock in the evening, sir.
Prosec. Tanciongco:
We would like to make on record that the witness is crying at
the time she is testifying.
Court:
Take note of that. The Court has observed that the witness is
crying.
Prosec. Tanciongco:
And where were your brother and sisters at that time that
your father was molesting you?
a. They were already sleeping, sir.
q. Were were your brother and sisters sleeping at that time?
a. Upstairs, sir.
q. Where were you sleeping?
a. Upstairs also, sir.
Prosec. Tanciongco:
How about your father, where was he sleeping?
a. Also upstairs, sir.
q. In relation to your father, where were you sleeping? In what
part of the house were you sleeping?
Court:
Sama-sama ba kayo?
a. We were in the same room, sir.
Prosec. Tanciongco:
Now, according to you your father was removing your shorts,
was he able to remove your shorts?
376
a. Yes, sir.
q. What else did your father do aside from removing your shorts
if he did anything?
Witness:
He raised my clothes, sir.
Prosec. Tanciongco:
How about you, what were you doing at that time that he
raised your clothes and removing your shorts, what were you
doing then?
a. I was preventing him from doing so, but he was so strong I
cannot control him.
q. After the accused, your father raised your shirt, what
happened next?
a. I was fighting back sir, but both of my hands were pinned by
him.
q. You mean both of your hands were pinned by your fa-ther?
a. Yes, sir.
q. And then what happened to you?
Witness:
Sumigaw po ako. “Inang, inang tulungan po ninyo ako
inaasawa po ako ng papa ko.” (I was shouting. “Inang, inang
tulungan po ninyo ako, inaasawa po ako ng Papa ko.”)
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Witness:
Hindi pa rin niya po ako tinitigilan, tapos po sumisikad na po
ako, hindi pa rin po siya umaalis. Tapos po hina-halikan niya
ang suso ko.
Court:
You translate it first.
Court Interpreter:
He still continued with what he was doing, I am kicking him,
but he is (sic) continue to kiss my breast, sir.
Prosec. Tanciongco:
What else did the accused do if any, aside from kissing your
breast?
377
378
Witness:
He repeated what he had done on the first night.
Prosec. Tanciongco:
Can you tell this Honorable Court, what was that same thing
that was done to you again by your father?
a. He removed my pants and panty and raised my clothes, sir.
q. What were you doing then at the time your father was doing
that?
a. I was shouting and struggling, sir, because my father was very
heavy.
q. What time more or less of the night was that done by your
father?
a. Between ten (10) to eleven (11), sir.
q. Where were your brother and sisters at that time while your
father was doing that to you?
a. There were sleeping during that time, sir.
Prosec. Tanciongco:
And your father was the only person awake at that time?
a. Yes, sir.
q. Now, after that he raised your skirt and removed your shorts
and panty, what happened next?
a. I was shouting sir, but he was covering my mouth, sir.
q. Covering your mouth?
a. Yes, sir.
q. After that what happened next?
a. He was kissing my breast, sir, then he placed himself on top of
me, sir.
Prosec. Tanciongco:
How about you, when he placed himself on top of you, what
were you doing?
a. I was kicking my feet, sir.
q. After he was on top of you, can you tell us what was he doing
when he was on top of you?
a. He was pumping, sir.
q. While he was pumping, what happened?
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question:
In what portion of your house were you raped by your fa-
ther?
answer:
Upstairs, sir.
question:
What time more or less were you raped by your father?
answer:
Between the hours of ten (10) to eleven (11) o’clock in the
evening, sir.
Prosec. Tanciongco:
In the evening or in the morning?
answer:
In the evening, sir.
question:
Can you tell this Honorable Court, how were you [raped] by
your father?
answer:
I was sleeping then and suddenly I felt my father was
removing my clothes including my short and panty and he
was raising my shirt, sir. And then, I felt he was on top of
me.
question:
By the way, what was your father wearing at that time?
answer:
He was wearing shorts, sir.
Prosec. Tanciongco:
At that time that he was on top of you, was he wearing
anything?
answer:
No more, sir.
question:
Now, at the time he was removing your panty, raised your
shirt, what did you do?
answer:
I was fighting back, sir. I was kicking and pushing him, but
he was so heavy so I can’t push him, sir.
381
question:
When you stated that he was on top of you, what happened
when he was on top of you?
Witness:
He was pumping, sir.
Prosec. Tanciongco:
While he was pumping, what were you doing at that time?
answer:
I was pushing him sir, but he was so heavy, I was not able to
push him.
Prosec. Tanciongco:
I would like to make of record that the witness is crying
while testifying.
Court:
Make that on record.
Prosec. Tanciongco:
Now, while he was pumping and you were trying to push him
and failed to do so, what happened next?
Witness:
Something
27
sticky came out from him, sir. And then, he
stopped.
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35
seclusion. As testified to by the private complainant, her
brother and two sisters were 36sleeping soundly and were not
awakened by the commotion She further said that when
the rape was perpetrated on 5 January 1997, her mother
was in the sala downstairs sleeping while her father 37
proceeded upstairs to commit the dastardly act on her.
With her brother and sisters sleeping soundly, and her
mother sleeping downstairs (during the rape committed on
5 January 1997), appellant had all the opportunity to carry
out, which he did, his dissolute plan.
Appellant’s argument that the delay of more than one
(1) year from September 1995 and more than two (2)
months from January 1997 before reporting the sexual
attacks to her maternal relatives, mother or to the
authorities is a clear indication that the claimed sexual
assaults never happened does not persuade.
The delay and initial reluctance of a rape victim to make
public the assault on her virtue is neither unknown nor
uncommon. Particularly in incestuous rape, this Court has
consistently held that delay in reporting
38
the offense is not
indicative of a fabricated charge. It has been repeatedly
held that the delay in reporting a rape incident 39
due to
death threats cannot be taken against the victim. The fact
of delay does not necessarily
40
lead to an acquittal. In several
cases we have decided, the delay lasted for two years or
more; nevertheless,
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35 People v. Tonyacao, G.R. Nos. 134531-32, 7 July 2004, 433 SCRA 513,
530.
36 TSN, 24 September 1997, pp. 8-11, 18; 15 May 1997, p. 30.
37 TSN, 24 September 1997, p. 33.
38 People v. Silvano, 368 Phil. 676, 705; 309 SCRA 362, 392 (1999).
39 People v. Lucas, G.R. No. 80102, 22 January 1990, 181 SCRA 316,
325.
40 People v. Dimaano, G.R. No. 168168, 14 September 2005, 469 SCRA
647, 663; People v. Salvador, 444 Phil. 325, 332; 396 SCRA 298, 304
(2003).
384
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rior to the testimony given in open court. In the instant
case, the said contradiction between private complainant’s
sworn statement and her statement in court was fully
explained by her. She made it clear in court that this
portion of her sworn statement was wrong and what was
correct was her declaration in court. She explained in court
that she informed the investigator about the mistake in her
sworn statement but the latter told her to just sign it and
that he will change this portion.
44
However, the investigator
never corrected the same. Having fully explained the
discrepancy, her credibility has not been impaired.
Appellant ascribes to private complainant several
alleged material inconsistencies that affect the veracity of
private complainant’s testimony. These are: (1) whether
the rapes were committed inside or outside the room in the
“upstairs” portion of their house; (2) whether private
complainant was able to shout or utter the words “Inang,
inang tulungan po ninyo ako inaasawa po ako ng papa ko”;
(3) whether the sticky fluid coming out of her father’s penis
was ejected inside or outside her vagina; and (4) whether it
was private complainant or her grandmother who told Dr.
Melinda Layug that she was abused.
These inconsistencies refer to minor and collateral
matters. Inconsistencies in the testimony of the witness
with regard to minor or collateral matters do not diminish
the value of his testimony in terms of truthfulness or
weight. The gravamen of the felony is the carnal knowledge
by the appellant of the private complainant under any of
the circumstances provided in Article 335 of the Revised
Penal Code, as amended. Where the inconsistency is not an
essential element of the crime, such inconsistency is
insignificant and cannot have any bear-
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43 People v. Sara, 463 Phil. 94, 109-110; 417 SCRA 431, 443 (2003).
44 TSN, 4 June 1997, pp. 45-48.
386
45
ing on the essential fact testified to. In fact, these
inconsistencies bolster the credibility of the witness’s
testimony as they erase the suspicion
46
of the witness having
been coached or rehearsed. It is when the testimony
appears totally flawless that a court might have some
misgiving on its veracity. This is especially true in rape
cases where victims
47
are not expected to have a total recall
of the incident.
Appellant tries to utilize the first and second
inconsistencies in order to show that the rapes could not
have happened in a room in the presence and within
hearing distance of other people. As discussed above, a rape
can be committed inside a house where there are other
occupants, and even in the same room where there are
other members of the family who are sleeping. More
importantly, what is clear from the evidence adduced is the
fact that, regardless of whether private complainant was
able to shout or not, appellant was shown to have carnal
knowledge of private complainant in the room located in
the “upstairs” portion of their house.
On the third inconsistency, appellant makes a big fuss
as to where appellant’s sperm was ejected. Whether the
sperm was ejected inside or outside the vagina of private
complainant is of no moment. It is clear from the testimony
of private complainant that appellant already
consummated the crime of rape when the latter tried to
insert his sexual organ into her vagina during the first
time that he molested
48
her because his penis already
touched her hymen. It is a settled rule that for rape to be
consummated, the hymen of the private complainant need
not be penetrated or ruptured. It is enough that the penis
reaches the pudendum, or at the very least, the
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45 People v. Sabardan, G.R. No. 132135, 21 May 2004, 429 SCRA 9, 19.
46 People v. Murillo, G.R. Nos. 128851-56, 19 February 2001, 352 SCRA
105, 118.
47 People v. Albior, G.R. No. 115079, 19 February 2001, 352 SCRA 35,
46.
48 TSN, 15 May 1997, pp. 19-25.
387
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49 People v. Arango, G.R. No. 168442, 30 August 2006, 500 SCRA 259.
50 Records, Vol. 1. pp. 130-131.
51 TSN, 22 October 1997, pp. 13-14.
52 Records, Vol. 1, p. 45.
388
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53 People v. Limio, G.R. Nos. 148804-06, 27 May 2004, 429 SCRA 597,
610.
54 Id., at p. 611.
55 People v. Esperas, G.R. No. 128109, 19 November 2003, 416 SCRA
216, 225-226.
56 People v. Agsaoay, Jr., G.R. Nos. 132125-26, 3 June 2004, 430 SCRA
450.
389
a child and cared for her like a precious jewel. Had the offended
party enjoyed this treatment and did not suffer in his hands, the
former would not have any57 reason nor have a heart to file charges
against the (latter). x x x.”
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390
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391
alleged
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in the information and duly proved during the
trial. In the instant case, since the attendant
circumstances of the victim’s minority and her relationship
with the offender have been properly alleged in the
informations and established during trial, the trial court’s
imposition of the penalty
67
of death on appellant is justified.
With the effectivity, however, of Republic Act No. 9346
entitled, “An Act Prohibiting the Imposition of Death
Penalty in the Philippines,” the imposition of the supreme
penalty of death has been prohibited. Pursuant to Section 2
thereof, the penalty to be meted on appellant shall be
reclusion perpetua. Said section reads:
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66 People v. Caliso, 439 Phil. 492, 507-508; 390 SCRA 624, 635 (2002).
67 Republic Act No. 9346 took effect immediately after its publication in
two newspapers of general circulation, namely Malaya and Manila Times
on 29 June 2006 in accordance with Section 5 thereof.
392
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