FIRST DIVISION

[G.R. No. 143790. May 7, 2002]

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. MARCIANO BERTULFO y GELEG, accused-appellant.

D E C I S I O N

DAVIDE, JR., C.J.:

This is an appeal from the 24 May 2000 decision[1] of the Regional Trial Court of Quezon City, Branch 86 in Criminal Case No. Q-96-68588, finding accused-appellant Marciano Bertulfo y Geleg (hereafter MARCIANO) guilty beyond reasonable doubt of the crime of rape committed on Rhiza Oliverio (hereafter RHIZA), imposing upon him the penalty of reclusion perpetua and ordering him to pay to RHIZA P50,000 as indemnity, and P50,000 as moral damages.

The accusatory portion of the complaint[2] states, thus:

The undersigned (complainant) accuses MARCIANO BERTULFO Y GELEG of the crime of Rape, committed as follows:

That on or about the 10^th day of November 1996 in Quezon City, Philippines, the said accused by means of force and intimidation, to wit: by then and there wilfully, unlawfully and feloniously undressed (sic) RHIZA OLIVERIO Y HEMOROS and put himself on top of her and thereafter have (sic) carnal knowledge with the undersigned complainant against her will and without her consent.

CONTRARY TO LAW.

MARCIANO entered a plea of not guilty at his arraignment.

The first witness presented by the prosecution was 16 year-old RHIZA. She is from Lanao del Norte, but her aunt Normalita Reyes brought her to Ozamis City and then to Manila with the promise of sending her to school. After a year and four months since arriving in Manila, however, RHIZA was still not attending the promised schooling. Instead, Normalita made her wash clothes, clean the house and take care of two-year old Stephen Bryan, Normalita’s son with her common-law spouse MARCIANO. Sometime in September 1996, Normalita left the Philippines to work in Japan. Since then, RHIZA stayed with Stephen in his room, unless MARCIANO was around, where upon she would leave the room and sleep in the sala.[3]

On 10 November 1996, at 7:00 a.m., while sleeping alone with Stephen in his room, RHIZA was awakened upon sensing that MARCIANO was beside her. MARCIANO went on top of her and told her in Cebuano, “Ayaw kang magsinggit, kung magsinggit ka, patyon kita,”[4] which means, “Do not shout, I will kill you if you shout.” MARCIANO removed her shorts and panty then took off his brief. He then inserted and pushed his penis into her vagina and held and sucked her breasts. Even in pain, RHIZA tried to push him away, but her resistance proved unavailing against his brute force. After the sexual assault, which lasted for ten minutes, MARCIANO threatened her not to tell anybody or else he would kill her. RHIZA then went inside the comfort room and waited for the arrival of her aunt Viola Reyes, Normalita’s sister. When Viola arrived, RHIZA immediately related her ordeal.[5]

Before the incident, RHIZA seldom saw MARCIANO in the house because he came home late in the evening from work. In the succeeding days after the incident, MARCIANO religiously stayed in the house, constantly watching her and Viola. Viola called up Normalita to inform her about the rape incident. On 14 November 1996, when RHIZA had mustered enough courage to report the rape, she requested her aunt Viola and a certain Jenny Tamparo to accompany her to the Baesa Police Station in Quezon City to file a complaint for rape against MARCIANO. At the Police Station, RHIZA executed a Sinumpaang Salaysay.[6] Upon prior instructions from her Aunt Normalita, RHIZA, Viola and Stephen left the apartment and brought along with them their personal belongings because Normalita did not want her son to be involved in the case.[7]

On cross-examination, the defense counsel confronted RHIZA with a document entitled “Pinagsamang Salaysay ng Pag-uurong ng Reklamo”,[8] dated 18 November 1996, bearing her and Viola’s signatures. RHIZA explained that after the complaint was filed, she and her Aunt Viola were threatened by Emma Tan, sister of MARCIANO, that they will send them to jail and file charges against them for kidnapping Stephen and for qualified theft.[9] RHIZA declared that she was forced to sign said affidavit of desistance because of Emma’s threats. Later, however, threats notwithstanding, RHIZA pursued her complaint.[10]

The prosecution then presented Dr. Ma. Cristina B. Freyra, medico-legal officer at the PNP Crime Laboratory. She testified that she interviewed and conducted a physical examination on the person of RHIZA on 15 November 1996.[11] Her findings are contained in Medico-Legal Report No. M-1693-96,[12] pertinent portions of which read as follows:

FINDINGS:

GENERAL AND EXTRAGENITAL:

Fairly developed, fairly nourished and coherent female subject. Breasts are conical with pinkish brown areola and nipple from which no secretions could be pressed out. Abdomen is flat and soft.

GENITAL:

There is moderate growth of pubic hair. Labia majora are full, convex and coaptated with the light brown labia minora presenting in between. On separating the same disclosed an elastic, fleshy-type and congested hymen with deep healing laceration at 7 o’clock position and shallow healing laceration at 5 o’clock position. External vaginal orifice offers strong resistance to the introduction of the examining index finger and virgin size vaginal speculum. Vaginal canal is tight with prominent rugosities. Cervix is normal in size, color and consistency.

CONCLUSION:

Findings are compatible with recent loss of virginity. There are no external signs of application of any form of violence.

REMARKS:

Vaginal and peri-urethal smears are negative for gram negative diplococci and for spermatozoa.

Dr. Freyra further testified that lacerations are inflicted only on the first sexual contact. She noticed strong resistance when she inserted her examining finger in the hymen of RHIZA, more so when she inserted the speculum, which has a bigger diameter. This indicated that RHIZA’s hymen was not penetrated very often or that she seldom engaged in sexual intercourse. Dr. Freyra concluded that her findings were compatible with recent loss of virginity.[13]

The last witness for the prosecution was Mario Hermos, RHIZA’s uncle. He declared that he was with RHIZA and Viola when the two were brought to Camp Karingal, and corroborated the testimony of RHIZA that Emma Tan told her to drop the rape case against MARCIANO; otherwise she would pursue the case for kidnapping filed against her and Viola.[14]

For the defense, MARCIANO testified first. He declared that on 10 November 1996, after coming home from the office at 7:00 p.m., he left their apartment with his friend Junilo Servida and another occupant of the apartment to play bowling. When they arrived home at 2:30 a.m. of the following day, 11 November 1996, he saw RHIZA and several occupants of the apartment drinking beer and brandy. He proceeded to the room of Stephen and slept there, until 7:00 a.m. Nothing unusual had happened in their apartment from the time he came home that night of 10 November until 14 November 1996 at 2:00 p.m. On said date, he suddenly felt uneasy and nervous while he was at his office. He decided to go home and when he arrived at the apartment, he saw that all his belongings and RHIZA, Viola, Lani and his son Stephen were gone. He looked for his son but did not see him anywhere, so he returned home. While resting that evening, he heard someone knock at the door. The door was forcibly opened and a man poked a gun at him. He saw several men in civilian clothes and they brought him to Camp Karingal where he learned that the men were police officers.[15]