Page 1 of 5 Seduction Vis--vis Rape

THIRD DIVISION G.R. Nos. 128159-62 July 14, 2003

PEOPLE OF THE PHILIPPINES, appellee, vs. HIPOLITO P S!" , appellant. !ORON , J.# Before us is an appeal from the decision dated November !, ""# of the Re$ional Trial %ourt of &an$asinan, Branch '(, findin$ the appellant $uilt) be)ond reasonable doubt of four counts of rape and sentencin$ him to suffer the penalt) of reclusion perpetua in each case. The appellant *as char$ed *ith four counts of rape in separate informations *hich read+ ,%RI-. %.S/ NO. 012!3" ,That on or about the 45th da) of 6anuar), ""# in the evenin$, in baran$a) %alvo, municipalit) of -an$atarem, province of &an$asinan, &hilippines and *ithin the 7urisdiction of this Honorable %ourt, the above1named accused, *ith force, violence and intimidation, did then and there *ilfull), unla*full) and feloniousl) have se8ual intercourse *ith said 0i9a &ara$as, a 41)ear old minor inside his house a$ainst her *ill and *ithout her consent, to her dama$e and pre7udice. ,%ONTR.R: to .rt. ''2 of the Revised &enal %ode as amended b) R... 5#2". ,%RI-. %.S/ NO. 012! 3 ,That on or about the #th da) of .u$ust ""2 in the evenin$, in baran$a) %alvo, municipalit) of -an$atarem, province of &an$asinan, &hilippines and *ithin the 7urisdiction of this Honorable %ourt, the above1named accused, *ith force, violence and intimidation, did then and there *ilfull), unla*full) and feloniousl) have se8ual intercourse *ith said 0i9a &ara$as, a 41)ear old minor inside his house a$ainst her *ill and *ithout her consent, to her dama$e and pre7udice. ,%ONTR.R: to .rt. ''2 of the Revised &enal %ode as amended b) R... 5#2". ,%RI-. %.S/ NO. 012! ,That on or about the 43th da) of 6anuar) ""# in the evenin$, in baran$a) %alvo, municipalit) of -an$atarem, province of &an$asinan, &hilippines and *ithin the 7urisdiction of this Honorable %ourt, the above1named accused, *ith force, violence and intimidation, did then and there *ilfull), unla*full) and feloniousl) have se8ual intercourse *ith said .nna &ara$as, a 41)ear old minor inside his house a$ainst her *ill and *ithout her consent, to her dama$e and pre7udice. ,%ONTR.R: to .rt. ''2 of the Revised &enal %ode as amended b) R... 5#2". ,%RI-. %.S/ NO. 012! 4 ,That on or about the month of .u$ust ""2 in the evenin$, in baran$a) %alvo, municipalit) of -an$atarem, province of &an$asinan, &hilippines and *ithin the 7urisdiction of this Honorable %ourt, the above1named accused, *ith force, violence and intimidation, did then and there *ilfull), unla*full) and feloniousl) have se8ual intercourse *ith said .nna &ara$as, a 41)ear old minor inside his house a$ainst her *ill and *ithout her consent, to her dama$e and pre7udice.

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,%ONTR.R: to .rt. ''2 of the Revised &enal %ode as amended b) R... 5#2"., On arrai$nment, appellant pleaded ,not $uilt), to all char$es. Thereupon, 7oint trial of the cases ensued. The facts, as culled from the records, follo*. &rivate complainants 0i9a and .nna, both surnamed &ara$as, are t*ins born on 6ul) 4, "('. The appellant *as their nei$hbor in %alvo, -an$atarem, &an$asinan. 0i9a and .nna considered appellant as their $randfather althou$h he *as not related to them. On .u$ust #, ""2, private complainants *ere pla)in$ near the house of the appellant *hen the latter called 0i9a and instructed her to bu) 7uice at the store. 0i9a obe)ed. .fter she returned from the store, the appellant ordered 0i9a to $o inside his house and lie do*n on the floor. .ppellant then removed 0i9a;s pants and under*ear, *ent on top of her, inserted his penis into her va$ina and made push and pull movements. 0i9a tried to scream but appellant threatened to <ill her. .fter the se8ual intercourse, the appellant $ave 0i9a & 3 and *arned her not to reveal the incident to her mother. 0i9a then *ent home but did not tell her mother *hat happened for fear that her mother *ould punish her. The same thin$ happened on 6anuar) 45, ""# *hen 0i9a *as called b) the appellant as she *as passin$ b) his house. Once 0i9a *as inside, she *as forced to lie do*n b) the appellant *ho then removed her pants and under*ear. .ppellant *ent on top of 0i9a and inserted his penis into her va$ina before ma<in$ push and pull movements. 0i9a *as not able to shout because appellant a$ain threatened to <ill her. .fter her ordeal, the appellant $ave 0i9a &2 and reminded her not to tell her mother *hat happened. So 0i9a *ent home *ithout tellin$ her mother that she *as se8uall) abused b) the appellant. 0i9a;s t*in sister, .nna, suffered the same fate at the hands of the appellant. Sometime in .u$ust ""2, *hile .nna *as pla)in$ *ith her cousins, the appellant called her and as<ed her to $o inside his house. .s soon as .nna entered his house, the appellant closed the door, removed .nna;s pants and under*ear, and made her lie do*n on the floor. Thereafter, the appellant inserted his penis into .nna;s va$ina and ravished her. .nna felt pain but could not shout as appellant threatened to <ill her. The appellant also *arned her not to tell her mother about the incident. Thus, *hen .nna *ent home, she did not tell her mother *hat appellant had done to her. On 6anuar) 43, ""#, .nna *as on her *a) home after bu)in$ charcoal from the store *hen the appellant called her ane*. .s soon as .nna *as inside appellant;s house, the latter told her to remove her pants and under*ear but .nna refused. So appellant himself forcibl) removed .nna;s clothes and *ent on top of her before insertin$ his penis into her va$ina. .$ain, .nna *as not able to shout because she *as afraid that the appellant *ould <ill her. .s in the prior incident, .nna did not tell her mother that the appellant molested her. &rivate complainants; mother, 0eticia &ara$as, learned of her dau$hters; ordeal throu$h her older dau$hter, Rosalina, *ho, in turn, came to <no* of the rape incidents from the appellant;s $randdau$hter. .pparentl) the $randdau$hter *itnessed the appellant as he *as rapin$ 0i9a and told Rosalina about it. =pon learnin$ *hat the appellant had done to her dau$hters, 0eticia confronted them. 0i9a and .nna *ere initiall) reluctant to tal< but upon further >uestionin$, the) finall) revealed that the appellant had se8uall) abused them. 0eticia *asted no time in reportin$ the matter to their baran$a) chairman and to the police before *hom she filed criminal complaints a$ainst the appellant. Thereafter, the) proceeded to the -an$atarem District Hospital *here the victims *ere e8amined b) Dr. .thena -errera. The medico1le$al e8amination conducted on 0i9a disclosed that she had lacerations at the ', !, 2 and " o;cloc< positions *hich *ere caused b) the insertion of a hard ob7ect li<e the erect penis of a man. On the other hand, the medical findin$s on .nna sho*ed that she had lacerations at the 4, ', 5, (, " and 3 o;cloc< positions *hich *ere also caused b) the insertion of a hard ob7ect such as an erect penis. These lacerations suffered b) both victims *ere determined to have been inflicted several *ee<s or months before the e8amination on ?ebruar) !, ""#.

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.t the trial, appellant Hipolito &ascua and his $randdau$hter, 6o) 6avier, testified for the defense. The appellant admitted havin$ se8ual intercourse *ith private complainants but insisted that 0i9a and .nna freel) consented to the repeated se8ual acts in e8chan$e for mone) ran$in$ from &2 to & 3. On several occasions, 0i9a and .nna alle$edl) visited him at home as<in$ for mone) and se8ual satisfaction. In fact, it *as private complainants; supposed persistence *hich drove him to accede to their demands to have se8, even if he *as havin$ difficult) achievin$ erection as he *as sufferin$ from hernia. Thus, there *as never an instance *hen the appellant forced or threatened private complainants into havin$ se8ual intercourse *ith him. 6o) 6avier declared that she often sa* private complainants at the house of the appellant. .t one time, she as<ed .nna if she had se8ual intercourse *ith the appellant to *hich .nna nodded. She even *arned both 0i9a and .nna that if the) continued to $o to appellant;s house, their mother *ould <no* about it. Ho*ever, despite said *arnin$, she still sa* private complainants at the house of the appellant almost ever)da). On November !, ""#, the trial court rendered its assailed decision, the dispositive portion of *hich states+ @herefore, in the li$ht of all the considerations discussed above, the court hereb) renders 7ud$ment in the above1 entitled cases as follo*s+ In %riminal %ase Nos. 012!3" and 012! 3, the court hereb) finds and holds the accused, Hipolito &ascua, $uilt) be)ond reasonable doubt of the crime of Rape on t*o A4B counts as char$ed in the informations filed a$ainst him, defined and penali9ed under the provisions of .rticle ''2 of the Revised &enal %ode, as amended b) R. 5#2", and conformable thereto, pursuant to la*, hereb) sentences said accused in each case to suffer the penalt) of Reclusion &erpetua and to pa) the costs. The court further directs the accused to indemnif) the offended part), 0i9a &ara$as, the sum of ?ift) Thousand A&23,333.33B &esos in each case or a total of One Hundred Thousand A& 33,333.33B &esos, as moral dama$es *ithout subsidiar) imprisonment in case of insolvenc). In %riminal %ases Nos. 012! and 012! 4, the court li<e*ise finds and holds the accused Hipolito &ascua, $uilt) be)ond reasonable doubt of the crime of Rape on t*o A4B counts as char$ed in the informations filed a$ainst him, defined and penali9ed under the provisions of .rticle ''2 of the Revised &enal %ode, as amended b) R. 5#2", and conformable thereto, pursuant to la*, hereb) sentences the said accused in each case to suffer the penalt) of Reclusion &erpetua and to pa) the costs. The court li<e*ise directs the accused to indemnif) the offended part), .nna &ara$as, the sum of ?ift) Thousand A&23,333.33B &esos in each case or a total of One Hundred Thousand A& 33,333.33B &esos, as moral dama$es *ithout subsidiar) imprisonment in case of insolvenc). SO ORD/R/D.4 Insistin$ on his innocence, the appellant claims in his appeal that he is not $uilt) of rape because private complainants voluntaril) submitted to his se8ual desires. The appellant even postulates that, if there should at all be an) liabilit) on his part, it should onl) be for simple seduction. .fter an e8haustive revie*, *e find ourselves unable to a$ree *ith appellant;s reasonin$. The appellant;s defense that the victims consented to his lascivious desires is simpl) too preposterous to deserve serious consideration. The same is not onl) revoltin$ but $oes a$ainst established norms. No )oun$ child in her ri$ht mind *ill consent to have se8ual intercourse *ith a #21)ear1old man, speciall) one *hom she considers her $randfather. The appellant desperatel) tries to portra) private complainants as se81starved maniacs *ho, at the tender a$e of 4, persistentl) demanded se8 *ith him. ?urther, his stor) that private complainants *ould even $o na<ed on top of him *as nothin$ but a )arn that offends sensibilities and ?ilipino values. Indeed, after admittin$ that he had carnal <no*led$e of private complainants on several occasions, the appellant assumed the burden of provin$ his defense b) substantial evidence. The record sho*s that, other than his self1 servin$ assertions, the appellant had nothin$ to support his claim that private complainants *ere teena$ers of loose morals and that the repeated acts of se8ual intercourse *ere consensual.

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It is culturall) instinctive for )oun$ and decent ?ilipinas to protect their honor and obtain 7ustice for the *ic<ed acts committed on them. Thus, it is difficult to believe that private complainants *ould fabricate a tale of defloration, allo* the embarrassin$ e8amination of their private parts, reveal the shame to the small rural to*n *here the) $re* up and permit themselves to be sub7ected to a humiliatin$ public trial if the) had not in fact been reall) ravished. @hen the offended parties are )oun$ and immature $irls from 4 to #, as in this case, courts are inclined to lend credence to their version of *hat transpired, considerin$ not onl) their relative vulnerabilit) but also the public humiliation to *hich the) *ould be e8posed b) court trial if their accusation *ere not true. ' @e entertain no doubt that 0i9a and .nna told the truth. Their testimon) *as clear that the) never consented to the rape. Their declarations durin$ the trial *ere simple, strai$htfor*ard and unfla*ed b) an) inconsistenc) or contradiction. . candid and honest narration b) the victim of ho* she *as abused must be $iven full faith and credit for the) contain earmar<s of credibilit).! In this case, the trial court found these bad$es of truth to be present in the follo*in$ testimon) of 0i9a &ara$as+ ?IS%.0+ C @here *ere )ou b) that time *hen )ou *ere ordered b) the accused to lie do*n on the floorin$D @ITN/SS+ . I *as in his house, sir. C No*, *hat transpired after )ou *ere ordered to lie do*nD . He removed m) pants and m) under*ear, sir. C .fter removin$ )our pants and under*ear, *hat transpired ne8tD . Then, he *ent on top of me, sir. C @hat happened ne8t after the accused *ent on top of )ouD . Then, he made a AsicB push and pull movements, sir. %O=RT+ %oitus movement. ?IS%.0+ C @hat did the accused do *hen he made this coitus movementD @ITN/SS+ . He insert AsicB his penis on AsicB m) va$ina, sir. C @hen he insert AsicB his penis inside )our va$ina, can )ou tell if )ou shoutedD . He *arned me not to shout or else he *ill <ill me, sir. C .t *hat point and time *hen the accused threaten AsicB )ou that he *ill <ill )ou if )ou *ill shout, before he place AsicB his penis inside )our va$ina or after he placed alread) his penis inside )our va$inaD . Before insertin$ his penis on AsicB m) va$ina, sir. C Ho* lon$ a time did the accused ma<e this coitus movement as his penis *as inside )our va$inaD . ?or five A2B minutes, sir.2 It is clear from the fore$oin$ testimon) that private complainants tried to scream but the appellant prevented them b) threatenin$ to <ill them. .lso, after each rape incident, private complainants *ere *arned b) the appellant not to tell their mother *hat happened to them. It is settled that a rape victim is not re>uired to resist her attac<er unto death. ?orce, as an element of rape, need not be irresistibleE it need onl) be present and so lon$ as it brin$s about the desired result, all considerations of *hether it *as more or less irresistible is beside the point. # Indeed, ph)sical resistance need not be established in rape *hen, as in this case, intimidation *as used on the victim and she submitted to the rapist;s lust for fear of her life or her personal safet). 6urisprudence holds that even thou$h a man la)s no hand on a *oman, )et, if b) an arra) of ph)sical forces, he so overpo*ers her mind that she does not resist or she ceases resistance throu$h fear of $reater harm, the consummation of unla*ful intercourse b) the man is rape. 5 @ithout >uestion, the prosecution *as able to prove that force or intimidation *as actuall) emplo)ed b) the appellant on the t*o victims to satisf) his lust. />uall) untenable is the ar$ument of the appellant that, if he is at all liable for an)thin$, it should onl) be for simple seduction. =nder .rticle ''( of the Revised &enal %ode, to constitute seduction, there must in all cases be some deceitful promise or inducement. The *oman should have )ielded because of this promise or inducement. In this case, the appellant claims that the acts of se8ual intercourse *ith the private complainants *ere in e8chan$e for mone). He declared that, prior to ever) se8ual intercourse *ith 0i9a and .nna, he *ould promise them &43. Ho*ever, aside from his bare testimon), the appellant presented no proof that private complainants; consent *as secured b) means of such

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promise. .s aptl) opined b) the trial court, the mone) $iven b) the appellant to private complainants *as not intended to lure them to have se8 *ith him. Rather, it *as for the purpose of bu)in$ their silence to ensure that nobod) discovered his dastardl) acts. The evidence for the prosecution *as more than enou$h to sho* that the element of voluntariness on the part of private complainants *as totall) absent. 0i9a and .nna;s respective testimonies established that the appellant had se8ual intercourse *ith them *ithout their consent and a$ainst their *ill. %onsiderin$ that the victims; accounts of *hat the appellant did to them *ere absolutel) credible and believable, the trial court correctl) convicted the appellant of several crimes of rape a$ainst the 41)ear1old t*ins, 0i9a and .nna &ara$as. The %ourt finds the penalt) of reclusion perpetua imposed on the appellant for each count of rape committed a$ainst private complainants to be in accord *ith la*. The a*ard of moral dama$es in the amount of &23,333 for each offense, or a total of & 33,333 for each victim, is also correct because, under prevailin$ 7urisprudence, moral dama$es are mandator) in rape cases involvin$ )oun$ $irls bet*een 4 and " )ears of a$e, ta<in$ into account the immeasurable havoc *rou$ht on their )outhful ps)che.( The trial court, ho*ever, failed to a*ard civil indemnit) *hich is automaticall) $ranted to the offended part) *ithout need of further evidence other than the commission of the rape. Hence, an additional &23,333 for each count of rape, or a total of & 33,333, should be $iven each private complainant as civil indemnit). $HEREFORE, e8cept for the -ODI?I%.TION a*ardin$ private complainants an additional amount of & 33,333 each as civil indemnit), the appealed decision is hereb) .??IR-/D in all other respects. SO ORD/R/D.