Case Citation: People v. Balleno, G.R. No.

149075,

Date: August 07, 2003,

Petitioners: People of the Philippines

Respondents: Balleno

Syllabus Topic: Testimonial and Documentary Evidence

Doctrine: Some discrepancies between the affidavit and the testimony of the witness in
open court do not necessarily impair the credibility of her testimony. In any
case, open court declarations take precedence over written affidavits in the
hierarchy of evidence.

Antecedent  An Information for qualified rape was filed against appellant Rodrigo
Facts: Balleno.

 Appellant is the live-in partner of Lorna, Jacquelyn’s mother.

 According to the prosecution, 13 year old Jacquelyn Balandra (victim)

was with her step-sisters inside the room of their home in Pasay City.

 Rodrigo entered the room and ordered his daughters to go out. He then
sat at the beside Jacquelyn and touched her things. Rodrigo placed
Jacquelyn’s hands on her back and covered her mouth. He removed
Jacquelyn’s shorts and panties and laid on top of her. He kissed her and
later inserted his penis into Jacquelyn’s vagina. Jacquelyn tried to push
him away. Thereafter, Jacquelyn went to her friends and told them
what happened. Her friends accompanied her to report the incident to
their local barangay.

 On the same day, some barangay officials arrested Rodrigo. Jacquelyn

executed her “Sinumpaang Salaysay” and submitted herself to a medical
exam. Dr. Estela Guerrero Manalo conducted the physical and genital
exam. It was shown that the victim's external genitalia and hymen were
normal. The physician claimed however that it was possible that the
victim was sexually abused even if the result of the examination showed
a normal genital. For his part, appellant denied the charge. According to
him, he was drinking at the time and date he was accused of committing
rape. He, however, admitted that he kissed Jacquelyn because the latter
took care of his youngest child. Jacquelyn pushed him away and left

EVIDENCE
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Lower Court found appellant guilty for simple rape.
Ruling

Appellate court
Ruling:

Petitioner’s
Contention:

Respondent’s Appellant assails Jacquelyn's credibility by referring to the inconsistency

Contention: between her testimony and her sworn statement. In her statement before the
police, Jacquelyn stated that there was no insertion of the penis inside her
vagina. However, she testified in open court that appellant inserted his penis
inside her vagina.

Issue: Whether the inconsistency between the victim’s sworn statement and
testimony will warrant the acquittal of appellant Rodrigo Balleno. [NO]

SC Ruling: NO. THE INCONSISTENCY BETWEEN THE VICTIM’S SWORN

STATEMENT AND TESTIMONY WILL NOT WARRANT THE
ACQUITTAL OF APPELLANT RODRIGO BALLENO.

Jurisprudence established that some discrepancies between the affidavit and

the testimony of the witness in open court do not necessarily impair the
credibility of her testimony, for affidavits are generally taken ex parte and are
often incomplete or even inaccurate for lack of searching inquiries by the
investigating officer. An affidavit is not a complete reproduction of what the
declarant has in mind because it is generally prepared by the administering
officer and the affiant simply signs it after it has been read to him. In any
case, open court declarations take precedence over written
affidavits in the hierarchy of evidence. Unlike written statements, there
is flexibility on the part of the questioner to adapt his questions to elicit the
desired answer in order to ferret out the truth. HERE, appellant has not
shown any material discrepancy between the sworn statement and testimony
of the victim that would seriously taint her credibility and warrant a reversal of
the trial court's factual findings. At any rate, the mere touching of the labia of
the woman consummates the crime of rape. Hence, it is immaterial if Rodrigo
was not able to penetrate Jacquelyn’s vagina. What is material in prosecution
for rape is the occurrence of the rape, which the prosecution in this case was
able to prove beyond reasonable doubt. The SC further noted that what
matters greatly is the clear, unequivocal and credible testimony of the victim.
Ultimately, Jacquelyn's testimony is clear, candid, straightforward and
consistent. She had positively identified appellant as her malefactor.

Others/Notes:

EVIDENCE
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