THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. LUCAS RAMOS Y MACASIRAY, ACCUSED-APPELLANT.

LUCAS RAMOS was found guilty of rape by the defunct Court of First
Instance of Cagayan in Criminal Case No. 436 and sentenced to suffer an
indeterminate penalty. He appealed to the defunct Court of Appeals. In
a decision promulgated on December 11, 1978, that court with Escolin,
J. as ponente, said at the end thereof:

“However, since the imposable penalty for the crime of rape is reclusion perpetua
(Art. 335 Revised Penal Code, as Amended by R.A. 4111), this Court,
instead of entering judgment, hereby certifies this case to the Supreme
Court for final determination, pursuant to the provision of Section 12,
Rule 124 of the Rules of Court.” (Rollo, p. 89.)

In People vs. Ramos, G.R. No. L-49818, February 20, 1979, 88 SCRA 486,
We returned the case to the Court of Appeals with a directive that said
court should “render judgment expressly and expli­citly imposing the
penalty of either death or reclusion perpetua as cir­cumstances
warrant, [but] refrain from entering judgment, and forth­with certify
the case and elevate the entire record thereof to this Court for
review.”

On March 27, 1979, the Court of Appeals promulgated an Amended Decision likewise penned by Justice Escolin. The Amended Decision is similar in all respects to the original decision except with regard to the dispositive portion. The Amended Decision reads:

“Charged with the crime of rape in the Court of First Instance of
Cagayan, Branch V, Lucas Ramos y Macasiray was found guilty and
sentenced to ‘a prison term ranging from eight (8) years and one (1) day
of prision mayor, as minimum, to four­teen (14) years and eight (8)
months of reclusion temporal, as maximum; to indemnify the offended
party Elisa Malana the amount of P10,000.00 as moral damages, without
subsidiary imprisonment in case of insolvency taking into consideration
the principal penalty imposed, and to pay the costs of this suit.’

“The evidence adduced by the prosecution, culled from the
composite testimonies of Elisa Malana, Romeo Saguing, Enrique Malana and
Teofilo Blanca, is summarized by the trial court as follows:

‘The incident started when on December 25, 1972, the accused,
who was known as a quack doctor in the locality, was summoned by the
father of the victim to administer medication or heal the ailment of the
victim, who was suffering from sleepless nights. It was made to appear
that the accused examined the victim and after making the examination,
told her to buy two (2) bottles of gin and coconut, promising to return
three (3) days after.

‘True to his commitment, the accused returned in the later
afternoon of December 28, 1972. With what he ordered to be used in the
rites he will celebrate to cure the ailment, he invited the victim to go
with him across the river, which is in barrio Dassun, in the
munici­pality of Solana. As it was already getting late, the father of
the victim manifested a desire to accompany them. The accused, however,
inform him that he could not go along because the effects of the rites
he was to celebrate would be rendered ineffective if anyone was going to
witness the same.

‘As the accused was a nephew-in-law, his wife being a niece, the
father of the victim acceded, giving his full trust and confidence to
the accused.

‘Crossing the river, the accused and the victim rode on the
banca. It was the accused who rowed up to the other side of the river.
There he burned a straw and produced what is locally known as ‘gogo’,
mixed it with coconut oil and poured it on the head of the victim,
together with the two (2) bottles of wine which they brought along with
them.

‘After the celebration, the accused told the victim that she has
to attend a church rite at barrio Dassun, to lave her completely cured
from her ailment. Without suspecting any sinister plan to abuse or take
advantage of her, the victim, without the least hesitation obligingly
followed. On their way, with the accused leading and the victim
following from a distance of about half a meter away from behind, the
accused suddenly embraced her and pinned her down to the ground. His
left arms pressed the victim down on her breast and his right hand held a
small sharp pointed bolo, about one (1) and a half (1/2) feet long,
which was thrusted at the throat of the victim, saying that if she does
not submit to his desires, he was going to kill her.

‘All that the victim could do was to wiggle her body and made
motions to resists, but the accused pressed on his threat to kill her.
Simultaneously, the accused pulled down her shorts and forcibly removed
her panty. The shorts was identified and presented as Exhibit “C” and
the nylon panty, which was torn, was presented and marked as Exhibit
“D”. With the removal of her shorts and panty, the victim was
practically left naked. Accused took advantage of the situation brought
out his private parts, went on top of the victim and inserted the same
into her vagina. She felt the penetration and suffered excruciating
pain.

‘The accused was on top of her for about ten (10) minutes and thereafter, went down and pulled out his penis.

‘After the execution of the sexual act, the accused and the
victim proceeded to the house of a daughter of Salo Ramos, where they
spent the night. While in the sala of the said house, the accused made
attempts to repeat the sexual act he previously committed, but the
victim resisted. The same was done in the presence of the daughter of
Salo Ramos and her husband.

‘It was already 4:00 o’clock the following morning, when the
victim proceeded to the house of Gregorio Quilang. There he met Salo
Ramos whom she requested to bring her across the river.

‘On their way, Salo Ramos inquired from her why she was with
Lucas Ramos. The victim answered that she went with him for the purpose
of having her ailment treated. Noticing that she was trembling, Salo
Ramos inquired why she appeared to be afraid of somebody else. The
victim related to him what happened to her that previous night. The
news relayed to Salo Ramos made him remarked, ‘You should be patient
because you went along with a foolish man.’

‘Reaching their house, at about 6:00 o’clock in the morning, she
told her father what happened to her. Furious of what he learned, the
father immediately accompanied the victim to the Iguig Police Department
and lodged their complaint. They were however, advised to proceed to
Solana, the crime having been committed in that municipality. They were
likewise advised to lodge the complaint with the Cagayan Provincial
Command.

‘At the Cagayan PC Headquarters, it was Sgt. Canapi who attended
to them. He got down their complaint and investigated the victim. Her
statement was taken down. It was subscribed and sworn to before the
Municipal Judge of Solana, Cagayan.

‘She was also examined by Dr. Honorio Reyes, Jr., of the
Cagayan Provincial Hospital and was issued a corresponding Medico-Legal
Certificate (Exh. ‘B’).

‘On the basis of this complaint of the victim, the accused was
invited for questioning by the PC and he gave his written statement to
the PC Investigator. The same was identified and confirmed of its
voluntary character, by no other than the subscribing official, Special
Counsel Romeo B. Saguing. He claimed that his memory never failed him
as he took particular interest in the revela­tion made by the accused,
on the details and manner under which he performed the act which claimed
to be unique and unparalleled in its scheme and trickery.’

“Appellant admits having sexual intercourse on December 28, 1972
with complainant Elisa Malana, 23 years of age at the time of the
incident, but denies the latter’s allegation that such carnal knowledge
was consummated by the use of force and intimidation. The trial court’s
resume of the version put forth by the appellant, and adopted by the
latter in his brief, is as follows:

‘Accused projected a story where he made it appear that he was
trying to make a fool of Elisa Malana by courting her. This courtship
ended with the victim responding favorably. It reached its peak when
she decided to stay with them in their house. She brought along with
her several pieces of clothes.

‘During the days that she was staying with them, the victim
slept in the same bed where the accused and his wife slept. His wife
Rosa Bago, who is a first degree cousin of the victim, used to stay in
between.

‘On those occasions where they slept together, and even when
they do not sleep, the wife of the accused used to see the accused
giving to the victim that usual peck on her cheeks. The victim
responded by embracing him. This aroused the sus­picion of the wife and
made her inquire from the accused why he was doing the same to her
cousin. The accused answered by stating that she should be patient
because Elisa Malana was staying with them for treatment. This
explanation of the accused prevented the wife from making further
inquiries.

‘As he could not do what the com­plainant wanted to be done,
on account of the presence of his wife, they decided to go together to
Dassun, Solana, Cagayan. The plan was made several days before December
28, 1972, and it was only on said date that they finally carried out
their agree­ment.

‘Going to Dassun, Solana, Cagayan, they brought along with
them two (2) bottles of wine. On the way, they passed by a nipa hut
which was in the middle of the field. They decided to take a rest on
said nipa hut, and while resting inside the nipa hut, they had a
conversation, with the accused telling the victim that they should
‘play’. Explaining what he meant by ‘play’, the accused stated that he
meant the sexual act.

‘Upon hearing what the accused uttered, the complainant
immediately removed her shorts and panty. With the victim naked, he
went on top of her. In a lightning precision which accused described as
quick and fast, he reached the climax. Afterwards, they proceeded to
Dassun, Solana, Cagayan to the house of Gregorio Quilang where they
spent the night. In the house of Quilang, they performed another sexual
act.

‘The following morning, the victim left for the reason that she
insisted that he should abandon his family. She wanted that they should
live together which the accused turned down. Thereafter, he never saw
the victim again. It was only in the trial before the Third Branch of
this court when the victim told him not to worry, for she will not sign
the paper and she will not appear in the trial of this case.

‘The wife of the accused, in defense of her husband, took the
witness stand. Her version conformed to the statement of the accused
that the complainant went to stay with them on the pretext that she was
going to be treated for lack of sleep. She knew that the husband is not
a quack doctor. Nevertheless, she took her husband’s word that the
complainant was with them for treatment.

‘During the days that they were together, the wife noticed that
the accused and the victim kissed each other, more specially when they
slept on the bed with herself in the middle. Because it was dark, all
that she could do was to stare in the darkness.

‘She admitted that it was because of her love for her husband
and four (4) children who would be left behind with no one to care for
them in the event the accused would be incarcerated that she came to
testify in court.’

“Appellant now imputes the following errors to the trial court:

I. THE TRIAL COURT ERRED IN GIVING FULL WEIGHT AND CREDENCE TO THE TESTIMONY OF THE COMPLAINING WITNESS;

II. THE TRIAL COURT ERRED IN CONVICTING BEYOND REASONABLE DOUBT THE HEREIN ACCUSED-APPELLANT;

III. THE TRIAL COURT ERRED IN CONSIDERING THE TESTIMONY OF
WITNESS ROSA BAGO, PARTLY IN FAVOR OF THE PROSECUTION AND ENTIRELY
AGAINST THE HEREIN ACCUSED.

“The appeal is devoid of merit.

“In convicting appellant, the lower court held that:

‘The story presented by the accused himself is one that cannot
be given credit by the court for it has found out that it was not in
accordance with human observations, behavior and expe­rience. It has
been admitted that the victim is a virgin woman, who never had any
experience of flirting with any man.’

x x x x x

‘Consequently, the innate charac­ter of the Filipina woman would
have to prevail, the character of being shy, having her an integrity
safeguarded at all times. The court cannot think of any situation where
that woman, virtuous as she is, would run with a married man. Knowing
him to be married to a first degree cousin, the court could not believe
that she would have an amorous relation with her brother-in-law.’

“We are not disposed to disturb the above holding of the trial
court. In this jurisdiction, the rule is well settled that the
credibility of witnesses is a matter that the trial court has unequalled
competence to consider and determine, in view of its unique opportunity
to observe the demeanor of the witnesses on the stand, an opportunity
not afforded to appellate courts (People vs. Espejo, 36 SCRA 400; People
vs. Dorado, 30 SCRA 53).

“The appellant testified that complainant volunta­rily stayed in
his house; that she even kissed him in the presence of his wife; that
she slept with him on the same bed, with his wife between them; and that
she readily consented to have sexual intercourse with him in the
afternoon of December 28, 1972.

“We reject the above pretension as inherently improbable.
Complainant is a simple, virtuous, albeit unlettered, barrio lass, who,
as found by the trial judge, ‘never had any experience of flirting with
any man.’ As aptly stated by the Supreme Court in a similar case (People
vs. Gan, 46 SCRA 676) –

‘Appellant’s testimony that a young barrio lass x x x
indisputably a virgin and without any previous experience on matters of
sex, would readily tell a married man that she is in love with him,
without any prior courtship or to blatantly show to the wife of such
married man her alleged amorous relationship with the latter’s husband,
to the extent of em­bracing and kissing him in her presence or be the
first to suggest to a married man that they have a sexual intercourse or
for such a virgin as aforesaid to agree to have successive three
intercourses on the first night that she ever experienced such sexual
act certainly taxes human credulity. Such purported conduct on the part
of the offended party is contrary to human nature and inconsistent with
the common experience and observation of mankind.’

“In support of the posture that he employed no physical violence
in having sexual intercourse with the complainant, appellant adverts to
the medico-legal certificate issued by Dr. Honorio Reyes, Jr., (Exhibit
“B”) to the effect that ‘no signs of contusions, hematoma or abrasions
(were found) around the external genitalia of the complainant. The
contention fails to consider that the same medico-legal certificate
attests to the presence of ‘fresh abrasion at 7:00 o’clock’ of the
offended party’s vagina.

“At any rate, the absence of bruises, contusions and abrasions
at the external genitalia is not inconsistent with the complainant’s
claim that she was sexually abused against her will and consent. It is a
well recognized principle that:

‘Force or violence threatened for the purpose of preventing or
overcoming resistance, if of such character as to create real
apprehension of dangerous consequences or serious bodily harm or such as
in any manner to overpower the mind of the victim so that she dares not
resist, is in all respects equivalent to physical force actually
exerted for the same purpose’ (People vs. Gan, 46 SCRA 667, 677).

“Of similar import is the following pronouncement of the Supreme
Court in U.S. vs. Villarosa (4 Phil. 434, 437), adhered to in numerous
subsequent cases involving the crime of rape:

‘It is a doctrine well established by the courts that in order
to consider the existence of the crime of rape it is not necessary that
the force employed in accomplishing it be so great or of such character
as could not be resisted; it is only necessary that the force used by
the guilty party be sufficient to consummate the purpose which he had in
view.’

“Equally untenable is the contention that the court a quo erred
in convicting the appellant on the basis of the lone and uncorroborated
testimony of the victim. It is a rule consistently adhered to that the
lone testimony of the victim in the prosecution for rape, if credible,
is sufficient to sustain a verdict or conviction, the rationale being
that, owing to the nature of the offense, the only evi­dence that can
oftentimes be adduced to establish the guilt of the accused is the
offended party’s testimony (People vs. Selfaison, 110 Phil. 889; People
vs. Macaya, et al., 85 Phil. 540; People vs. Gaddi, CA-G.R. No.
06203-CR, Feb. 28, 1970, 15 CA Rep. 124).

“It is therefore the considered view of this Court, after a
careful and painstaking evaluation of the evidence, that appellant is
guilty as charged.

“We note that the sentence imposed by the trial court upon the
appellant is not in accordance with law, the crime of rape, as proven by
the evidence in the instant case, being punishable by reclusion perpetua (Article 335, as amended by Rep. Act 4111).

“WHEREFORE, this Court finds appellant guilty of the crime of rape and hereby sentences him to suffer the penalty of reclusion perpetua,
and orders him to indemnify Elisa Malana by way of moral damages the
amount of P10,000.00, and to pay the costs. In view of the penalty thus
imposed and pursuant to the guidelines laid down in People vs. Daniel
(L-40330, November 20, 1978) let this case be certified to the Supreme
Court for review.”

We have reviewed the records of the case and We can add nothing to the
lucid opinion of Mr. Justice Escolin. It is in accord with both the
facts and the law.

WHEREFORE, We hereby affirm the judgment of the Court of Appeals; the appellant shall suffer the penalty of reclusion perpetua; indemnify Elisa Malana the sum of P10,000.00 as moral damages; and to pay the costs.

SO ORDERED.

Aquino, Acting C.J. and Chairman, Concepcion, Jr., Guerrero and De Castro, JJ., concur.

Escolin, J., no part.

Makasiar, J., Chairman, on leave.