G.R. No. 58818. June 22, 1984
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROSARIO JAMES TUMALIUAN Y PAGUIRIGAN, DEFENDANT-APPELLANT.
RELOVA, J.:
P. Ramos, 20 years old, single and a first year secretarial course
student of Cagayan Teachers College in Tuguegarao, Cagayan, took a bus
from Catugay, Baggao, Cagayan for Tuguegarao, Cagayan. One of the
passengers in the bus was appellant Rosario James Tumaliuan who sat
beside complainant. During the trip, appellant introduced himself as
James Tumaliuan to complainant who, in turn, introduced herself to him.
The two had on and off conversation during the entire trip to
Tuguegarao. Before the bus reached Iguig, Cagayan, appellant proposed to
complainant who rejected him outright, saying she already had a
boyfriend. He replied that her having a boyfriend would not discourage
him from intensifying his love for her. When the bus reached its station
at Balzain, Tuguegarao at around seven o’clock in the evening,
complainant alighted and called for a tricycle. Appellant closely
followed and offered to escort her to her boarding house. She refused
but appellant insisted and pleaded to allow him to join her in the
tricycle. She ignored him but, later on, relented and appellant joined
her ride to Caritan Sur, Tuguegarao.
After the tricycle had passed Balzain bridge, appellant ordered the
driver to bring them instead to Buntun, Tuguegarao. Complainant opposed
and insisted that she be brought to her boarding house at Caritan Sur.
Appellant in a loud voice told the driver that he is an NBI agent.
Scared, the driver followed and drove the tricycle to Buntun as
directed. Appellant muffled all her cries by covering her mouth with his
right hand and tightly held her neck with his left arm. Upon reaching
Buntun bridge, appellant ordered the driver to stop. Appellant got off,
and pulled complainant out of the vehicle and directed the driver to go
away.
Appellant then dragged complainant thru the left side of the road under
the Buntun bridge. She fought back by kicking and pushing him but the
latter hit her with his fist on the stomach causing her to fall on the
ground. She became weak and felt dizzy. He then removed her pants and
panty, held her neck and thereafter removed his pants and brief. Then he
placed himself on top of her until he succeeded in having carnal
knowledge with her.
Appellant stood up, put on his pants and then left in a hurry.
Recovering her strength complainant groped for her panty and pants and
wore them back. She took a tricycle passing by the bridge and was taken
to her boarding house at Caritan Sur. Proceeding to her room, she broke
down and cried. The following morning, December 3, 1979, she wrote to
her mother, Paula Ramos, at Baua, Gonzaga, Cagayan inviting her to come
over immediately without fail because something terrible had happened to
her. Upon receipt of the letter on December 7, 1979, Paula Ramos,
arrived at the boarding house. Upon seeing her mother, complainant told
her and her co-boarders what had happened to her.
Paula Ramos brought her daughter to Pedro Carodan, their wedding
sponsor, and the latter accompanied them to the police station at
Tuguegarao. The police blotter reflects the charge of rape filed by
herein complainant against appellant. She was then accompanied by a
peace officer to the Cagayan Provincial Hospital where she was
physically examined by Dr. George Bernales.
On December 11, 1979 appellant went to see Paula Ramos and complainant
at the residence of Pedro Carodan for a possible amicable settlement of
the case. He asked for forgiveness and offered marriage to complainant
who, however, stood firm in her decision to push through the case.
In his defense, appellant claims that he first met complainant in the
afternoon of mid-October 1979; that in their third meeting in the same
month, complainant became his sweetheart. On November 30, 1979, Tessie
gave her body voluntarily as lovers do at the Ramos’ residence in Baua,
Gonzaga, Cagayan. The sexual act was repeatedly done by them in
different positions in the second floor of her residence. He claims that
their parents allowed them to sleep together as husband and wife even
without the benefit of marriage; that in the afternoon of November 30,
1979 his wife, Zenaida Consejo, caught him and complainant in a
compromising situation inside the latter’s room.
Further, appellant declares:
“In the morning of November 30, 1979, he went to visit Tessie in
her boarding house, staying there for a long time because Tessie cooked
food for their lunch. In the house, he stayed in the room of Tessie and
there Tessie went out giving everything to him – she completely
surrendered herself for him to ravish.“About 2:00 p.m. on that afterÂnoon (November 30, 1979), his wife,
Zenaida Cancejo Tumaliuan (Zenaida for brevity hereinafter) caught him
in the room of Tessie together with the latter when he opened the door
after a knock. His wife asked him why he was there when he was
supposed to be in his place of work. He said nothing in answer to his
wife’s question as he was speechless, but stayed just to wait for
Tessie’s mother who promised a day before and while they were in Baua,
Gonzaga, to follow them (he and Tessie) to Tuguegarao on the next day.
The mother arrived in fact on November 30, 1979, seeing James’ wife
there waiting in the sala very near Tessie’s room doing nothing there
and Tessie cried and met her mother. Tessie, her mother and James’ wife
then talked to each other.“It could not have been possible that he was with Tessie and did
the acts complained of to have been done by James to her on December 2,
1979, because after his wife discovered him to be with Tessie in the
House of Engracia Zinampan, on November 30, 1979, he returned home in
Atulayan without going out even just a little moment until 6:00 p.m. of
December 5, 1979. He admitted that he went to the house of Mr. Pedro
Carodan in the evening of December 11, 1979, when Paula Ramos, Tessie’s
mother was there, not to propose marriage to Tessie as testified to by
Mr. Carodan, but to ask the forgiveness of Paula Ramos for having
allowed him to sleep with Tessie, but he was surprised when he was taken
by arresting officers and placed inside the cell since then. x x x”
(pp. 12-13, Appellant’s Brief)
After trial, the court a quo rendered its decision dated September 28, 1981, convicting appellant of the crime charged and sentencing him, thus:
“WHEREFORE, premises considered, this Court finds the herein
accused ROSARIO JAMES TUMALIUAN Y PAGUIRIGAN guilty beyond reasonable
doubt of the crime of Forcible Abduction as described and penalized by
Art. 342, Revised Penal Code and of Rape as described and penalized by
Par. (1), Art. 335, Revised Penal Code as charged in the Information and
in relation to Art. 48, also of the Revised Penal Code, he is hereby
sentenced to reclusion perpetua, to pay exemplary damages in the amount
of TEN THOUSAND PESOS (P10,000.00) Philippine Currency and the amount of
FIFTEEN THOUSAND (P15,000.00) PESOS, Philippine Currency as moral
damages to the herein private complainant, Tessie P. Ramos, and to pay
the costs.” (p. 223, Record)
Hence, this appeal, appellant Rosario James Tumaliuan alleging that the
lower court erred: (1) in not having found that the charge was a product
of afterthought and merely done to avenge the deceit perpetrated by the
appellant in succeeding to have carnal knowledge of complainant who
voluntarily gave herself not knowing that appellant was married; and,
(2) in having convicted appellant notwithstanding the failure of the
prosecution to prove his guilt beyond reasonable doubt and in not having
taken into consideration certain prosecution evidence that tends to
dispel rather than prove its case.
We are convinced that the guilt of accused-appellant has been proven
beyond reasonable doubt. As aptly stated by the Solicitor General “it is
difficult to believe that complainant who is young and unmarried would
tell a story of defloration, allow the examination of her private parts,
and thereafter present herself to be the subject of a public trial, if
she was not motivated by an honest desire to have the culprit
apprehended and punished.’ (p. 19, Appellee’s Brief) The medical
examination on complainant Tessie P. Ramos conducted on December 8,
1979, six (6) days after the commission of the crime, shows “deep
corrugation at 9 o’clock” and “labia slightly coaptated” (Exhibit “E”).
And, no motive was shown why the complainant would accuse him as her
ravisher which caused her to suffer day and night in anguish, shame and
humiliaÂtion. Further, the fact that appellant purposely went to see
complainant and her mother for the settlement of the case strongly
indicates a guilty conscience.
On the other hand, defense evidence is unworthy of belief. His claim
that within two weeks Tessie became his girlfriend is simply incredible
considerÂing that no evidence have been shown that complainant is of
loose morals and one who will easily accept a proposal of love in so
short a time. Appellant has not presented a single letter, note or any
piece of evidence to support his claim that she was his sweetheart. Not
having presented any evidence other than appellant’s testimony that the
act of sexual intercourse, was voluntary, the declaration of the
offended party, corroborated by the testimonies of Dr. Elinor M. Tan,
Station Commander Pedro Carodan and PC Member Nicolas Bariao, assumes
more weight and importance and to which We give full credit. And, on top
of it all, it is hard to believe that the parents of complainant would
allow them to live as husband and wife in their own residence without
the benefit of marriage. It is still the barrio-way of life where the
Ramoses reside that people are morally upright and would not allow any
stigma or shame to sow in the family. The Ramoses are country folks who
would be emÂbarrassed to create a scandal. A slight indecent movement in
the barrio would cause neighbors’ tongues to wag or tell unceasing
stories.
WHEREFORE, the decision appealed from is AFFIRMED in toto. Costs against appellant.
SO ORDERED.
Teehankee, (Chairman), Melencio-Herrera, Plana, Gutierrez, Jr., and De la Fuente, JJ., concur.