G.R. No. 61255. October 28, 1983
THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. JAIME CALIMQUIM, ACCUSED-APPELLANT.
ABAD SANTOS, J.:
JAIME CALIMQUIM was accused of rape in the defunct Municipal Court
of Sta. Barbara, Pangasinan. The verified complaint
was filed by Angel F. de los Reyes, father of the
girl said to have been raped, and it reads as follows:
“That at about 8:00 P.M. of April 8, 1978, inside the public
market, in Poblacion Sur,
Municipality of Santa Barbara, Province of Pangasinan,
Philippines and within the jurisdiction of this Honorable Court, the
above-named accused, did then and there wilfully,
unlawfully and feloneously with lewd designs and by
means of intimidation, committed the crime of RAPE on the person of CORAZON DE
LOS REYES Y ANGUD, 14 years old and a physically retarded girl, in the
mezzanine of the accused, situated also at the public market, Sta. Barbara, Pangasinan, until the latter had successful intercourse
with the victim, to the damage and prejudice of the undersigned, in such amount
as may be awarded under the provisions of the Civil Code of the Philippines.
Medical Certificate is hereto attached.” (Expediente, p. 1.)
The accused waived preliminary investigation for which reason the
case was elevated to the defunct Court of First Instance at Dagupan
city where it was docketed as Criminal Case No. D-1964.
A plea of not guilty was entered by the accused on September 12, 1978, and after a protracted trial
a decision dated June 24, 1982,
was finally rendered with the following dispositive
portion:
“WHEREFORE, the Court finds the accused JAIME CALIMQUIM, alias
‘Enong‘ guilty beyond reasonable doubt of the
crime of Rape, and pursuant to law, hereby sentences him to suffer the
medium penalty of reclusion perpetua (life
imprisonment), to indemnify the victim and aggrieved party, Corazon de los Reyes, in the amount of P12,000.00
as moral damages, and to pay the costs.” (Rollo, p. 39.)
The case is now before this Court on appeal.
The People’s version of the facts is as follows:
“This is a case of rape against a 14-year old girl who is
mute, and is, as found by the lower court, ‘a physically, if not
mentally-retarded child.’
“The hapless victim, Corazon, is the youngest of five children
of the spouses Angel and Luz de los Reyes. The couple
has a market stall inside the public market of Sta. Barbara, Pangasinan which the couple and their children use as
living quarters (TSN, July 6, 1979, pp. 33-36).
“The appellant, Jaime Calimquim, 30,
single at the time of the incident, operates a light and sound system for hire.
He also occasionally helps his mother, Maria Calimquim,
to tend to their stall which is also inside the public market of Sta. Barbara.
The stall of the Calimquims and that of the parents
of Corazon are about 8 meters apart. The Calimquims
also use their stall as living quarters (Tsn, Jan. 7,
1982, pp. 5-8).
“Corazon was born mute. She can hear however. According to her
mother, Corazon communicates thru her actions (Tsn,
July 6, 1979, p. 35).
“Jaime has known Corazon since she was five year old. He used
to see her almost everyday from 1973 to 1978 in the market (Tsn,
March 31, 1982, p. 20). He describes her ‘as somewhat crazy, she cannot speak,
and she uses her fingers when she talked and she always bends her head, (and)
is physically unbalanced’ (Tsn, March 31, 1982, p.
21).
“Corazon has a playmate, Levy Calimquim,
an 8-year old niece of Jaime. They used to play in the latter’s stall (Tsn, March 31, 1982, p. 21).
“On April 8, 1978,
at about 8:00 o’clock in the evening,
Corazon arrived home at the stall of her parents. She came from the stall of
Jaime Calimquim (Tsn, July
6, 1979, p. 44). She looked pale, sweating and frightened (Tsn,
July 6, 1979). She was trembling (Tsn, Oct. 10, 1979,
p. 4). There were blood spots on her panty (Tsn, July
6, 1979, p. 38; Oct. 10, 1979, p. 4). Asked by her mother what happened,
Corazon lay down and made a demonstration with a forward and backward movement
of her hips. She pointed to her vagina with a push and pull motion (Tsn, July 6, 1979, pp. 40-41).
“While making a demonstration of what happened, Corazon was
pointing to the stall of Jaime. She cupped her breast with her hand and at the
same time made a push and pull movement of her hips (Tsn,
Oct. 10, 1979, p. 6).
“Thinking at first that Corazon had menstruation, her mother,
Luz de los Reyes washed Corazon’s
private parts. Corazon felt some pain. Asked again by her mother what really
happened, Corazon repeated with gyrations of her hips, at the same time
pointing to the stall of Jaime Calimquim (Tsn, Oct. 10, 1979, p. 5).
“During all the time that Corazon was demonstrating what
happened to her, Jaime was standing near their stall observing (Tsn, July 6, 1979, p. 38; Aug. 7, 1979, pp. 11-14).
“Luz then called for her husband to inform him about the
incident (Tsn, Oct. 10, 1979, p. 6). Together with
Corazon, they proceeded immediately to the house of barrio councilman Rodrigo
Bautista. The latter advised them to see a doctor to have Corazon examined (Tsn, Nov. 14, 1979, pp. 11-12). They then proceeded to the Pangasinan Provincial
Hospital in Dagupan City.
Corazon was examined at 10:25 o’clock
that same evening, April 8, 1978,
by Dr. Fatima De Leon. After examining Corazon, Dr. De Leon remarked: ‘Brother,
this is rape and this is still fresh, so you try to file a case in court’ (Tsn, Nov. 14, 1979, p. 13).
“Dr. De Leon issued a medico-legal certificate, Exhibit A, as
follows:
April
11, 1978
TO WHOM IT MAY CONCERN:
This is to certify that Corazon de los
Reyes, 15 years of age, female, single, Filipino, and a resident of Sta.
Barbara, Pangasinan, has been attended in this
hospital on April 8, 1978,
at 10:25 P.M. for:
– conscious
– ambulatory.
– Menarche – none
– Physical Examination
– no sign of external physical injury, except a laceration at fourchet, measuring .5 cm. long
– Internal examination
– Vagina – admits two fingers easily
– Hymen – fresh laceration at 3-7-9 o’clock position.
– Cervix – close, firm
– Uterus – small
– Anexae –
free
– Vaginal smear for spermatozoa –
negative.
Patient was not admitted in this hospital.
REMARKS:
__________________________________
In the opinion of the undersigned, the injuries will require
medical attendance for a period of from ______ ( ) to ______ (
) ______ unless complications set in or manifestation due to internal
injuries which were apparent at the time of examination that may later appear.
(SGD.) FATIMA O. DE LEON, M.D.
Resident Physician /vms
Copy furnished:
Station Commander, Sta. Barbara, Pang.
BY
(Illegible)
“On April 11, 1978,
the incident was reported to the Sta. Barbara Police Department. Luz de los Reyes gave a statement narrating the incident (Exh. B, Exh. 1). She also gave a
statement before the Municipal Judge of Sta. Barbara, Pangasinan
(Exh. C, Exh. 2).
“The criminal complaint was filed on April 11, 1978 (Exh. D).” (Brief, pp. 1-6.)
The only issue in this appeal is the credibility of witnesses as
shown by the assignment of errors, to wit:
“I.
That the guilt of the accused has not been proved beyond
reasonable doubt.
“II. That the Trial Court erred in convicting the accused.” (Brief, p. 3.)
On the credibility of witnesses, well-settled is the rule that
the findings and conclusions of the trial court command great respect and
weight because it was in a better position to examine real evidence as well as
to observe the demeanor of witnesses while testifying in the case. Alas, the
rule can only be partially applied in this case because Judge Willelmo C. Fortun who penned the
decision did not preside over the trial from the beginning to the end. Judge Justo Orros, Jr. tried the case
when the prosecution presented its evidence and then Judge Fortun
took over. For this reason, the record has been examined with more than the
usual care in order to avoid a miscarriage of justice.
The appeal must fail.
The appellant claims that no rape was committed because of the
circumstances of many persons present at 8:00
P.M. in a public market. This claim is best refuted by Judge Fortun who had personal knowledge of the circumstances. He
said:
“The defense tried to show the improbability of the accused’s having committed the crime charged, considering
that the other stalls near the accused’s stall were
still open at the time of its alleged commission, and there were still many
buyers or shoppers thereat and the stalls were even lighted with electric
bulbs. It is highly and inherently improbable that at 8:00 P.M. when accused raped Corazon, there were still
many buyers in the market. The Court can take judicial notice of the fact that
at 8:00 P.M., provincial markets are
already deserted. Market vendors usually close their stalls as early as 6:30 or 7:00
P.M. Besides, the evidence disclosed that the rape victim, Corazon
de los Reyes, is mute being a physically, if
not mentally-retarded child. She cannot speak or shout while being sexually
attacked and abused by accused. Accused very well know that condition of
Corazon de los Reyes, having, admittedly, known her
since the time she was only 5 years old. He, therefore, took advantage, knowing
she will not and can not raise an outcry, thereby precluding risk of detection
or discovery by the people in the market.” (Rollo, pp. 37-38.)
The appellant claims that he did not rape Corazon; that she sustained
injuries in her genitalia because of her fall to the cement floor as she slid
down the bamboo balustrade of the stairs going to the mezzanine of his mother’s
stall when she played with Levy Calimquim; and she
was negative for spermatozoa.
Corazon admittedly is not only a mute but also a retardate. But
when she was placed on the witness stand she was able to convey, albeit
vaguely, what happened to her.
Corazon testified through interpreters. Mrs. Dominga
Quejado was supplied by the prosecution. To check on
Mrs. Quejado, the defense had Mr. Leonardo Tagapia. The qualifications of both interpreters were
scrutinized and found satisfactory.
In fairness to the appellant, the testimony of Corazon on December 6, 1979, is hereby
reproduced:
“COURT
Are the interpreters
here?
ATTY AREOLA
Yes Your Honor, we have
the interpreter coming from Manila Mr. Leonardo Tagapia.
FISCAL DANCEL
Mrs. Dominga
Quejado is here, Your Honor
COURT
Mrs. Quejado,
will you please apprise the witness the obligation of our ‘oath’ which she will
take before giving her testimony.
ATTY AREOLA
May we make it of record
that when the witness has been advised at the injunction of the court, to
testify the truth and nothing but the truth, the witness answered in the
affirmative, Your Honor.
“COURT
May I remind both
interpreters that they are both under oath.
DIRECT EXAMINATION BY
FISCAL DANCEL
Q Will
you please state your name, age, and other personal circumstances?
A CORAZON
DE LOS REYES, after having been duly sworn to in accordance with law, stated
that she is sixteen years old. She further testified as follows:
MRS. QUEJADO
Your Honor, she could
not mention her name, I think she does not understand, Your Honor.
MR. TAGAPIA
The way I observe she can
talk, she can hear, if only my co-interpreter will come closer and by lip
reading perhaps, she can interpret what the witness wants to imply.
FISCAL DANCEL
Q You
are Corazon de os Reyes?
A Yes sir.
Q How
old are you?
A Sixteen (16) years old.
ATTY AREOLA
May we make it of record
that when witness was asked of her age, she made a sign of her age, with all
her fingers indicating sixteen (16).
FISCAL DANCEL
Q Who
is your mother?
A (Witness
pointing a person seated in the courtroom, who, when
asked her name, she identified herself as Luz de los
Reyes).
Q Now
do you know the accused in this case by the name of Jaime Calimquim,
alias ‘Inong’?
A Yes sir.
Q Will
you please point to him if he is in court?
A (Witness
pointing to someone who is seated in the courtroom, who, when asked his name,
identified himself as Jaime Calimquim).
Q What
did Jaime Calimquim do to you?
ATTY AREOLA
Vague, Your Honor.
COURT
Sustained.
FISCAL DANCEL
Q On
April 8, 1978 at around 8:00 o’clock in the evening at Sta. Barbara, Pangasinan, did you see the accused Jaime Calimquim alias ‘Inong’?
A Yes sir.
Q Where
did you see the accused, Jaime Calimquim alias ‘Inong’?
A She
pointed at a certain place saying ‘diman’.
ATTY AREOLA
I would like to make
this observation that when the question ‘where’ has been asked several times (3
times) by the interpreter and the witness has been turning her head left to
right and then after the question has been repeated for the third time, the
interpreter is pointing to a direction towards Sta. Barbara, Pangasinan.
MRS. QUEJADO
It was the witness, Your
Honor, who pointed to Sta. Barbara, Your Honor.
ATTY AREOLA
I am trying to be honest
and I saw it with my two eyes that the interpreter pointed to Sta. Barbara, Pangasinan, touching the shoulder of the witness.
COURT
The Court did not
observe that the interpreter made any gesture or pointing. Next
question.
FISCAL DANCEL
Q Now
what did Jaime Calimquim alias ‘Inong’
do to you when you saw him on April 8,
1978 at around 8:00 o’clock
in the evening at Sta. Barbara, Pangasinan?
INTERPRETER
Your
Honor, she understand but she can not answer.
ATTY AREOLA
I would like to make it
of record this observation, that despite the lapse of sometime on two repeated
questions on the same impulse, witness did not make any answer.
FISCAL DANCEL
I observe Your Honor
that witness made some movements, in fact she is now moving.
COURT
The court observed that
witness made a little jerk. Ask another question.
FISCAL DANCEL
Q What
happened to you when you saw Jaime Calimquim the
accused, alias ‘Inong’ at Sta. Barbara, Pangasinan on April
8, 1978 at around 8:00 o’clock
in the evening? Will you please demonstrate to this Court if something happened
to you?
COURT
Make it of record that
witness just smiled then remained quiet.
ATTY AREOLA
I want to further show
that as the interpreter was asking the question, witness was looking directly
to the face of the interpreter.
WITNESS
A (At
this juncture the witness is putting both her hands on her breasts make a one
forward movement of her hip).
FISCAL DANCEL
Q Will
you please get down from your chair and stand and demonstrate on the floor what
happened to you when you saw Jaime Calimquim, alias ‘Inong’?
A (Witness lied, with face downward to the
floor).
COURT
Wait a minute. To avoid
any question later on, I think we are communicating well with the witness. The
way the questions have been interpreted to her, she seem
to understand for which reason we will now require the official interpreter of
the Court to do the interpretation. We will ask the assistance from both
interpreters if necessary. To avoid suspicions, it is now the official court
interpreter who will interpret from now on. Now proceed.
(After the question has been repeated)
WITNESS
A (Witness
again makes a forward movement of her hip two times).
FISCAL DANCEL
Q What
else did Inong do to you?
ATTY AREOLA
We will object to that
question, because it has been asked several times.
COURT
Because of the apparent
difficulty in getting responsive answer from the witness, the Court will be
considerate and allow the question to be asked again.
FISCAL DANCEL
Q Did
you understand my question, which is ‘what did Jaime Calimquim
do to your panty’?
A Yes sir.
Q My
question to you is, what did Jaime Calimquim do to
your panty, will you please demonstrate it to the court?
A (Witness
again demonstrated to the court, forward movements of her hip, two (2) times).
Q Do
you know what a panty is?
A No sir.
FISCAL DANCEL
May I ask the
interpreter to interpret panty as ‘carson‘.
ATTY AREOLA
I will object, witness
says she does not know a panty, Your Honor, then how could she – – –
COURT
Q Do
you have a ‘carson‘
now with you?
WITNESS
A Yes sir.
FISCAL DANCEL
Q Will
you please show it to the Court the ‘carson’ you are
wearing now?
ATTY AREOLA
I want to make it of
record that after the question has been asked from witness, the witness was
laughing and looking at the interpreter.
WITNESS
A (The
witness is pointing to her long pants, colored, ‘maroon’.)
FISCAL DANCEL
Q Now
what did Jaime Calimquim do to your ‘carson‘ if any. Please demonstrate
to the court if there is any. Did you understand the question?
WITNESS
A No sir.
ATTY AREOLA
May I make it of record
that after two minutes elapsed, the witness did not give any answer.
COURT
Yes because she said she
did not understand the question.
FISCAL DANCEL
Q My
question is what did Jaime Calimquim do to your ‘carson‘?
WITNESS
A (Again
the witness is demonstrating to the Court a forward movement of her hip, two
(2) times).
FISCAL DANCEL
Q Were
you lying down when Jaime Calimquim alias ‘Inong‘ had sexual intercourse with you?
ATTY AREOLA
Leading, Your Honor.
COURT
Sustained, question has
no basis.
FISCAL DANCEL
Q Do
you know the person who had sexual intercourse with you?
ATTY AREOLA
Your Honor, there is no
evidence to show that there was sexual intercourse.
COURT
Sustained.
FISCAL DANCEL
Q Do
you know the person . . Your Honor I cannot ask any other question – – –
Q Do
you know the person who did that movement that you demonstrated before the
court?
ATTY AREOLA
We will object to that,
it is not imputed that anybody did any movement to her.
FISCAL DANCEL
There must be somebody
because how could there be – – –
Q You
demonstrated before this Court a movement which is a forward movement with your
hip, was that done by any person?
A Yes
sir.
Q Do
you know who was that person who did that to you?
A Yes
sir.
Q Will
you please tell his name if you know?
A ‘Jaime’.
Q Will
you please point to this Court that ‘Jaime’ you mentioned if he is here now?
A That
one sir. (Witness pointing to the accused, seated in the courtroom, who when
asked his name identified himself as ‘Jaime Calimquim‘).
FISCAL DANCEL
That will be all for the
witness, Your Honor.
COURT
Cross.
CROSS EXAMINATION BY
ATTY AREOLA
Q You
are a good girl Corazon?
A Yes
sir.
Q You
love your mother and father?
A Yes
sir.
Q You
are bright?
A Yes
sir.
COURT
The word ‘maong‘ maybe good.
ATTY AREOLA
Q You
are good?
A Yes
sir.
Q You
can identify a person whom you have been before?
A No
sir.
Q You
remember things that happened before you sat down in this chair?
A Yes
sir.
Q You
know what is daytime and what is night time?
A Yes
sir.
Q Now
is a daytime, is it not?
A Yes
sir.
Q Because
there is sun there up, is it not?
A Yes
sir.
Q When
you can not see that sun there already, what is it?
FISCAL DANCEL
May I make it of record
that witness slightly smiled, apparently she failed to comprehend the meaning
of the question, Your Honor.
COURT
Ask another question.
ATTY AREOLA
Q Do
you know the name of the days, like days of the week?
A Yes
sir.
Q Will
you please name them?
A (Witness
is making a ‘nod’ gesture).
ATTY AREOLA
Evoking that she does
not like to answer the question.
FISCAL DANCEL
She can not mention the
days probably, that is why – – –
ATTY AREOLA
Q Do
you know how to count?
A No
sir.
Q Do
you know the name of the month?
A Yes
sir.
Q Will
you name some of them?
ATTY AREOLA
May I make it of record
that the witness is nodding her head.
COURT
Ask her if she can say
it or not?
WITNESS
A No
sir.
ATTY AREOLA
Q Why
not? You do not know?
A Yes
sir.
ATTY AREOLA
Then how could we
appreciate this testimony.
COURT
You can ask that later
if you want. Ask another question.
ATTY AREOLA
Q Do
you know what is an hour?
A No
sir.
COURT
Q What
is an hour?
WITNESS
(Witness is nodding her
head when that question was asked).
ATTY AREOLA
Q Do
you know what is a minute?
A Yes
sir.
Q How
many minutes is one hour?
A Witness
demonstrated in sign language ‘one’.
FISCAL DANCEL
Apparently by indicating
one she is referring to the hour which was mentioned.
COURT
She made a gesture of
‘one’ (1).
FISCAL DANCEL
I observed that witness
is uneasy, may I request for a five (5) minutes recess.
ATTY AREOLA
May I make it of record
that from the beginning witness kept on turning all around.
COURT
Make it of record that
witness has not respond orally except ‘yes’ and ‘no’ answers, and by
‘gestures’. And counsel is apparently asking days and months which witness may
not be able to utter.
FISCAL DANCEL
I made a manifestation
that we should have a recess, because I observed that witness is making a
gesture to her mother.
ATTY AREOLA
Alright we have a
recess.
COURT
Recess for ten (10)
minutes. (Hearing was temporarily suspended and resumed at 10:30 o’clock in the
morning).
ATTY AREOLA
Q Now
Corazon, are you hungry?
A No
sir.
Q I
have a candy here, do you like this candy?
A No
sir.
Q On
question of the Fiscal you said that on April 8, 1978 at about 8:00 o’clock in
the evening you saw Jaime Calimquim. Do you remember
what day was April 8th?
A Yes
sir.
Q Will
you tell the court what day was that April 8th?
A (Witness
is nodding her head when the question was asked).
Q Before
coming to Court, have you seen this woman before?
A Yes
sir.
ATTY AREOLA
We want to show that she
was pointing to Mrs. Domingo Quejado.
Q Where
did you see this woman Mrs. Quejado before coming to
court?
COURT
How can we get her to
answer if she knows only ‘yes’ or ‘no’ and by nodding her head.
ATTY AREOLA
We are testing the
credibility of the witness insofar as the right of discernment is concerned.
May I ask again my question, Your Honor. (After question has been repeated) May
I make it of record that in answer to the last question, witness made a
movement of her head which is an upward movement.
Q Did
you see this woman in your house in Sta. Barbara, Pangasinan
before coming to court?
A Yes
sir.
Q Could
you tell the court what did this woman do in your house in Sta. Barbara?
A Yes
sir.
COURT
The interpretation is
quite – – –
Q Could
you tell the Court what this woman did in your house?
A Yes
sir.
ATTY AREOLA
Q She
talked to you?
A Yes
sir.
Q She
talked to you about Inong or about Jaime Calimquim?
A Yes
sir.
Q She
told you to talk about Inong in court here?
A Yes
sir.
Q That
is why you are now talking about Inong before this
court?
A Yes
sir.
Q Could
you tell exactly what day of the month when this woman went to your house?
A Yes
sir.
ATTY AREOLA
May I make it of record
that witness is smiling looking at the interpreter, Mrs. Dominga
Quejado and was smiling.
COURT
You ask her could you
tell the day, but before that, you ask her first if she could understand the
question and if she can tell the day.
ATTY AREOLA
Yes, Your Honor.
Q The
question I ask here is whether she understand the question.
COURT
You ask that.
(After asking the
question again)
WITNESS
A Yes
sir.
ATTY AREOLA
Q Having
understand the question are you in a position or could you be able to tell or
say or speak out the date when this woman went to your house in Sta. Barbara, Pangasinan?
COURT
Q Could
you speak out the date when this woman went to your house?
WITNESS
A Yes
sir.
COURT
Q Could
you please tell it?
ATTY AREOLA
May I make it of record
that witness did not answer the question and witness is just smiling.
COURT
Next question.
ATTY AREOLA
Q Are
you tired now?
A Yes
sir.
Q You
like that we stopped talking now?
A Yes
sir.
ATTY AREOLA
That will be all for the
witness, Your Honor.
COURT
Any redirect?
FISCAL DANCEL
In the interest of
justice may I ask additional direct question for some important points, Your
Honor.
COURT
In the interest of
justice, in view of the apparent difficulty in questioning the witness, Fiscal
is allowed to ask additional direct examination questions.
ADDITIONAL DIRECT EXAMINATION BY
FISCAL DANCEL
Q Corazon,
will you please point to your father?
A That
one sir, (Witness pointing to his father who is seated in the courtroom, who
when asked his name identified himself as Angel de los
Reyes).
ATTY AREOLA
I would like to make it
of record that when the question was asked by the Fiscal and was automatically
translated by the interpreter, it was automatically answered by the witness, by
pointing to her father.
FISCAL DANCEL
Q Corazon,
do you know a ‘penis’?
ATTY AREOLA.
This is out of the blue.
It could not be the subject of additional direct because it was not covered by
her testimony.
FISCAL DANCEL
In the interest of justice,
because we forgot this point, Your Honor.
ATTY AREOLA
It is not our fault,
Your Honor.
FISCAL DANCEL
May we ask additional
question.
COURT
Considering the physical
handicap of the witness and with the candid admission of the prosecution that
they have forgotten some important points, and subject to the evaluation of the
court later on, the question is allowed.
FISCAL DANCEL
Q Did
you understand my question Corazon?
A Yes
sir.
Q Do
you know what a ‘penis’ is?
A No
sir.
Q If
you understand it, please answer my question?
ATTY AREOLA
Already answered, Your
Honor.
COURT
Already answered. Ask
another question.
FISCAL DANCEL
That will be all for the
witness, Your Honor.
COURT
Any recross?
No further question? You are excused. Any other witness?
FISCAL DANCEL
She is our last witness,
Your Honor.” (TSN, Dec. 6, 1979, pp. 2-30.)
Aside from Corazon’s testimony, there
is other evidence to prove the rape.
Luz de los Reyes, mother of Corazon,
testified that at about 8:00 p.m. on April 8, 1978, Corazon looked pale, was
sweating and frightened. She had blood on her panty. She asked Corazon what her
problem was and “My daughter stood up and made a motion of push and pull
of her abdomen.” Corazon also pointed to her vagina. Present at that time
were Jaime Calimquim and her other daughter Divina. She was told by Calimquim,
“I did not do anything to your daughter, and God knows.” Luz brought
Corazon to the hospital and reported the matter to the police authorities. At
the hospital Corazon was examined by Dr. Fatima de Leon. (TSN, May 25, 1979.)
Romeo Dacasin testified that on April
8, 1978, at about 7:00 p.m. he was in the public market of Sta. Barbara, Pangasinan. There he saw in the Calimquim
stall, Jaime, Corazon and another little girl. He left the market at about 7:50
p.m. and at that time Corazon was still in the Calimquim
stall. (TSN, August 8, 1979.)
Divina de los
Reyes, older sister of Corazon, testified that after she had finished eating at
the public market of Sta. Barbara, Pangasinan, on
April 8, 1978, Corazon arrived. “She was frightened and she was
trembling.” She had blood on her pants. Their mother thought that Corazon
had menstruation so she washed the private part of Corazon. “When my
mother was washing the private part of Corazon, Corazon said she felt pain and
my mother asked her why she is feeling that pain. After that Corazon
demonstrated what happened to her and at the same time pointing to the stall of
the accused.” Corazon was brought to the hospital. On April 10, 1978,
Maria Calimquim and her son Peling
went to the stall of the De los Reyes family; they
asked forgiveness for what Jaime had done. Angel de los
Reyes, father of Corazon, just kept silent. (TSN, October 10, 1979.)
Angel delos Reyes, father of Corazon,
testified that he was watching television in the evening of April 8, 1978, when
he was told that his daughter had a problem. He went to the house of Councilor
Rodrigo Bautista where he saw his wife and Corazon. Bautista told him to take
Corazon to a doctor. Corazon was taken to Dagupan
City where she was examined by Dr. de Leon. “After examining, she told me
Brother, this is rape and this is still fresh, so you try to file a case in
court.” (TSN, November 14, 1979.)
Angel delos Reyes in fact filed a
criminal complaint for rape against Jaime Calimquim
on April 11, 1978, in the Municipal Court of Sta. Barbara, Pangasinan.
Dr. Fatima de Leon identified Exhibit A, the medical certificate
which she issued after conducting an examination on Corazon de los Reyes. She said that the laceration on Corazon’s labia majoria measuring
5 cm. could have been caused by forcible contact with a blunt instrument and a
male organ is a blunt instrument. She also testified that Corazon’s
vagina which admitted two fingers easily and the fresh laceration on her hymen
could have been caused by the penetration of the male genital organ. (TSN, May
25, 1979.)
The fact that the appellant’s mother sought forgiveness for her
son from Corazon’s father is an indication of guilt.
(See People vs. Olmedollo, L-42660, August 30, 1982,
116 SCRA 193.)
The appellant’s claim that Corazon’s
lacerations on her genitalia were sustained when she fell on the cement floor
is too crude to be convincing. A fall would at best produce abrasions and
contusions but not hymenal laceration and bleeding.
As to the bleeding, it could not have been due to menstruation. According to
Dr. de Leon, the word “menarche” in Exhibit A means “that the
patient has not menstruated yet.”
The absence of spermatozoa in the vagina of Corazon when she was
examined by Dr. de Leon avails him not. For according to the same doctor,
spermatozoa cannot be detected after a few hours because they will have dried
up. Our jurisprudence tells us that the absence of spermatozoa in the vaginal
canal does not disprove the commission of the crime of rape where the essential
element is penetration, not emission. (People vs. Salazar, L-37791, October 30,
1979, 93 SCRA 796.)
The instant case is very similar to that of People vs. Manlapaz, L-41819, February 28, 1979, 88 SCRA 704. In that
case, Therese Endencia was the victim and she was the
only witness to the act of rape. She could not give a coherent, clear and
consistent narrative as to how she was ravished because she was mentally
retarded and speech-defective. The fact of rape was established mainly on the
testimony of Therese’s mother and the physician who examined Therese. In the
words of the decision:
“Mrs. Endencia recounted in court
how she came to know that Therese had sexual intercourse with Winston [Manlapaz]. On New Year’s Day, January 1, 1973, while Mrs. Endencia was cleaning her house, she found two white pills
in the locker of Therese. When she queried her daughter as to the function of
the pills, Therese answered that the pills ‘were for not having a baby’ or were
contraceptive pills. Mrs. Endencia found out that her
daughter got the pills from Winston and that Therese had sexual intercourse
with him two times.” (At p. 709.)
We are morally satisfied that the appellant committed the crime of
rape on Corazon, a mute and a mental retardate. The fact that Corazon could not
give a coherent narration of the rape does not detract from Our conclusion
considering that the record is replete with other evidence to support it.
WHEREFORE, finding no error to have been committed by the
court a quo, its judgment is affirmed in toto.
Costs against the appellant.
SO ORDERED.
Makasiar, (Chairman), Aquino, Concepcion, Jr.,
Guerrero, and Escolin,
JJ., concur.
De Castro, J., on sick leave.