G.R. No. 87083. September 14, 1990
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. ROMEO CAMASIS, DEFENDANT-APPELLANT.
PADILLA, J.:
This is an appeal interposed by the accused Romeo Camasis from the judgment* rendered
in Criminal Case No. T-1141 of the Regional Trial Court at Tabaco,
Albay, dated 29
December 1988, finding him guilty of the crime of Rape and sentencing him to suffer the penalty of reclusion
perpetua; to pay the offended party the sum of
P25,000.00, and to pay the costs.
The People’s version of the facts of the case is as follows:
“At or about 5:00 o’clock in the afternoon of September 17,
1981, complainant Mercia Icaonapo,
a twenty one-year old,
unmarried girl then residing at Libtong, Tiwi, Albay, rode in the tricycle of appellant Romeo Camasis on her way home.
She had just bought some household items from the Tiwi
market upon request of her brother, Joventino Icaonapo (TSN, p. 6-7, October 5, 1983).
“The tricycle’ (sic) first stop was Libtong,
where a passenger alighted, and then it continued its trip in the direction of
the Tiwi Agro-IndusÂtrial School. When the tricycle was about to pass the
complainant’s house, she tapped appellant and said ‘digdi
na, digdi na’ (here already, here already). However, he intentionally ignored her and
continued driving until reaching the school, about one-half (1/2) kilometer
away from Mercia‘s house, where the rest of the passengers disÂembarked. Appellant promised to drive complainant back
to Libtong.
However, he instead proceeded to a place called Bagumbayan,
about one kilometer away. Complainant
got scared because the place was so dark and deserted. She immediately went out of the tricycle to
seek help. Appellant followed and
suddenly embraced her from behind.
Thereafter, he dragged her to a nearby coconut plantation. She shouted for help and resisted him by
pulling his hair, slapping his face and biting his left forearm, but to no
avail. Appellant prevailed upon her when
she was dropped and forcibly pushed to the ground where she lost
consciousness. (TSN, p. 9-21, October 5, 1983).
“When complainant regained her consciousness, she felt pain in her
private part and noticed her pants and panty rolled down to her knees. Appellant was beside her trying to roll up
her pants and panty. Complainant,
obviously shocked by appellant’s sexual abuse on her, ran away. He followed and cajoled her with a promise of
marriage. Later, she had no choice but
to board the tricycle, and
appellant drove her to her house (TSN, p. 23-24,
October 5, 1983).
“At about 7:00 o’clock
in the evening of the same day, complainant arrived home. She was met by her sister-in-law, Diosdada Icaonapo, who observed
her sobbing and appearing nervous. She
persuaded complainant to tell what happened and, after some hesitation, the
latter confided that she was abused by appellant. The following day, complainant accompanied by
her sister-in-law went to the police of Tiwi and
reported the incident. The police
conducted investigation and later summoned appellant. The police noticed that appellant had an
injury on his left forearm (TSN, p. 7-20, March 7, 1984). Tiwi Public Health
Officer, Dr. Leonides Cruel, later confirmed the
injury of appellant and issued a medical certificate (Exhibit ‘C’). The police required complainant to submit
herself for medical examination and was then examined by Dr. Dante Quiambao of Ziga
Memorial Hospital
who issued a medical certificate
stating his diagnosis: Healed Hymenal tears, 4, 7, & 9
o’clock, Abrasion Inner surface of Labia Menora,
right (Exhibit ‘A’).
“On September 23, 1981, complainant Mercia lcaonapo filed a formal complaint for rape against
appellant with the Municipal Circuit Court of Malinao-Tiwi,
Albay, which conducted preliminary
investigation.”[1]
The accused-appellant, Romeo Camasis,
admitted that the complainant Mercia Icaonapo was one of the passengers on board the motorized
tricycle driven by him during a trip from the poblacion
of Tiwi, Albay to the
Agro-Industrial School at Libtong, Tiwi, Albay, in the late
afternoon of 17 September 1981. But he denied having brought the said
complainant to Bagumbayan, Tiwi,
Albay on the same day, as claimed by the
complainant. He also denied having raped
the complainant. His version of the
incident, as stated in his Brief, is
as follows:
“The accused stands charged for RAPE at Bagumbayan,
Tiwi, Albay of the alleged
victim, who was then one of the five (5) paying passengers in the motorized
tricycle operated by the accused on September
17, 1981 from the Poblacion of Tiwi, Albay to the Agro-Industrial
School at Libtong,
Tiwi, Albay. Upon boarding the motorized tricycle
when asked, the complainant said she will alight at Agro-Industrial
School. On the way, one passenger alighted and when
they were nearing the upward climb, complaining witness who was seated immeÂdiately
behind the accused, twice tapped the seat to stop the motorized tricycle. Because of the upward climb, the driver
continued its trip and immediately the complainant, bit his left arm. Upon reaching Agro-Industrial
School, the three (3) passengers
alighted with the exception of the complainant whose destination was near the
upward climb so that the accused had to ferry back the complainant. It was at that moment that the accused was
said to have brought the complainant to Bagumbayan, Tiwi, Albay a place out of the
way from Agro-Industrial School
to the Poblacion passing Libtong,
Tiwi, Albay, the alleged
residence of the complainant. The
complainant upon reaching her house when the accused brought her back, tried to
pay her fare but the same was not accepted by the accused driver. When his polite refusal was not honored he
received a wallop at his back by the complainant.
“The version of the complainant that the accused-driver
sexually attacked her was denied by the accused at the police station on the
following day, the corresponding police blotter entry was made, the accused-driver was examined at the Municipal
Health Office at Tiwi, Albay,
in the presence of the complainant, if the accusations imputed on the accused
were really true, then the complainant should have submitted herself for
medical and physical examination, what happened was the reversed (sic), the
accused was examined for the injury sustained when he was bitten by the
complainant. The complainant after five
(5) days of the alleged incident submitted herself to medical and physical
examination by Dr. Dante Quiambao of the Ziga Memorial
Hospital.”[2]
We find the appeal bereft of merit. The mere denial by the accused of his
commission of the crime of rape is not sufficient to counteract the positive
declaration of the complainant that accused had raped her.[3]
The testimony of the complainant on how she was ravished by
the appellant is credible and we find
nothing unusual or improbable in
it.
She said:
“q Then
what happened when you reached Bagumbayan?
a When
we reached Bagumbayan, I was so afraid because it was
so dark. Then the driver alighted the
tricycle. I also went down the tricycle
hoping that there might be some houses in the vicinity or some people who could
help me but
he was running at my back, following me.
FISCAL VILLAMIN:
When the accused, the
driver of the tricycle was following you what did you do, if any?
a I
was shouting for help but he embraced me, enclosing me within his arms and
carried me, dragged me towards the coconut plantations.
q How far was the coconut plantation where you
were brought to, dragged by the accused, from the road of Bagumbayan?
a About fifteen (15) meters.
q Will you please tell the Honorable Court how
the accused brought or dragged you enclosed in his arms, being embraced by him,
from the road of Bagumbayan to the coconut
plantation? Can you tall (sic) the
Honorable Court how you were dragged?
WITNESS:
I was embraced by him enclosed in his arms, close to his
breast, then he dropped me down, pushing me forcibly down on the ground and I
even fell almost unconcious (sic).
COURT:
Pushed forcibly? While you were pushed down forcibly by the accused and you fell, what did you do?
WITNESS:
I held on to his hair
and kept slapping him and I even bit him on his left arm.
COURT:
Where did you bite the accused? (Witness points to the place where she bit
the accused indicating the place on her own arm.)
COURT:
Witness points to the
inner forearm almost opposite the elbow near the joint.”[4]
xxxxx xxxxx xxxxx xxxxx xxxxx
“FISCAL VILLAMIN:
You said that you held
his hair, slapped him and bit
him on his left arm, what did the accused
do?
WITNESS:
He was on top of me.
FISCAL VILLAMIN:
Why was he on top of
you?
WITNESS:
What he did was he was
on top of me and he rolled my pants down to my knees.”[5]
xxxxx xxxxx xxxxx xxxxx xxxxx
“COURT:
Panty or pants? Were you wearing pants at that time?
WITNESS:
Yes.
COURT:
And inside was a panty?
WITNESS:
Yes, Your Honor.
COURT:
Were your pants, short
or long?
WITNESS:
Long pants.
COURT:
What kind of material
were your pants made of?
WITNESS:
Maong.
COURT:
How was your panty
removed? Describe what your position was
when your panty was removed, like lying down, standing, …….state the position you were in when it was
removed.
WITNESS:
When I was ………..
After I was pushed down
I lost my consciousness. When I regained
my consciousness, my pants and my
panty were already removed.
COURT:
Already removed or still
being removed?
WITNESS:
My pants and my panty
were already rolled to my knees.”[6]
xxxxx xxxxx xxxxx xxxxx xxxxx
“FISCAL VILLAMIN:
When you first regained
your consciousness,…… the very first time you regained your consciousness,
where was the accused?
WITNESS:
He was there beside me.
FISCAL VILLAMIN:
What was he doing beside you?
WITNESS:
Putting
on my pants and panty. Then I ran away and he was running behind me,
following me at my back saying
that he was not afraid of my brother
because he would marry me he said.
FISCAL VILLAMIN:
What hapenned
next after that?
WITNESS:
He led me back to the
tricycle and he said that he would bring me home because there was nothing to
be afraid of, any way he said he would marry me.
q Were you eventually able to ride the
tricycle?
a Yes.”[7] xxxxx xxxxx xxxxx
xxxxx xxxxx
“ATTY. SANCHEZ:
Q Before you became conscious did you feel any
pain in your vagina?
A Yes, sir.
Q What
was that pain about?
A ‘Malanit‘, (To
describe the pain.)”[8]
While it is true that the complainant was sexually assaulted when
she was unconscious, yet, who else could have raped her if not the appellant
who had embraced and dragged her to a nearby coconut plantation and there
forced her to the ground, causing her to lose consciousness? And then, when complainant regained
consciousness, she saw appellant right beside her trying to roll up her pants
and panty after having assaulted
her. If the complainant was indeed
fabricating a story, it would have
been easier for her to say that she was awake when she was assaulted.[9]
The appellant, in his Brief, assails the trial court for giving
credence to the medical certificate[10]
issued by Dr. Dante Quiambao, despite the failure of the latter to testify in this case.
The contention is untenable.
The acceptance of a medico-legal certificate without the physician’s
testimony is not fatal to the prosecution’s case.[11]
In fact, the medical examination of a rape victim is not an indispensable
element in a prosecution for rape since it all depends upon the evidence
offered. If such evidence, be it the
testimony alone of the complainant, convinces the court, a conviction is proper.[12]
The appellant also contends that the crime of rape could not have
been committed by the appellant under the circumstances testified to by the
complainant since “her pants rolled to the level of her knees will prevent
the sexual act,” and that the dastardly act could have been committed only by a sex maniac or one who has
not expeÂrienced the sexual act but not by the appellant who is a father of
seven (7) children, married to a beautiful wife and who has had enough sex with
her.
The contention is also without merit. The record does not show that the complainant
was raped while her pants and panty were rolled down to her knees. The complainant testified that, when she
regained consciousness, she felt pain in her vagina and saw the
appellant trying to roll up her pants which had rolled down to her knees. The rape must have been committed previous to that moment and under circumstances
favorable to the appellant, as the complainant was then unconscious.
The claim that the appellant could not have raped the complainant
because he is married to a beautiful wife and has enough sex with her
cannot, by itself alone, negate the circumstances which point to him as the
rapist. Besides, the appellant has not
shown any ill-motive why the complainant filed this case against him. As the trial court said, “it is hard to
believe that a young unmarried woman would reveal that she was deflowered and allow an examination of her private parts
and thereafter permit herself to be the subject of public trial if her motive was not to bring to justice the person
who wronged her.” As a matter of fact, the complainant was hesitant to be examined by a male
physician. She wanted a lady physician
to see her.
But since there was no lady physician available and the only doctor
round was Dr. Quiambao, a male, she had to submit to
Dr. Quiambao for medical examination because the
medical certificate was urgently needed by the police.[13]
Finally, the appellant contends that the commission of rape is
belied by the entry in the polite blotter of the Tiwi,
Albay, police station,[14]
which states that the crime reported
was only acts of lasciviousness.
The veracity and reliability of this entry in the police blotter,
however, is contested by the appellant himself
when he said:
“In the police blotter entry, the previous report was acts of
lasciviousness and later on Rape was intercalated therein, this could be seen
because their (sic) were different ball pens used. Here we also see the variance of the testimony as well as the report of the
complainant. x x x.”[15]
The trial court, therefore, did not commit any error in finding
the appellant guilty of the crime for which he was charged. The indemnity to be paid to the victim,
however, should be increased to P30,000.00 in line with the new policy of the
Court on the matter.
WHEREFORE, the judgment appealed from is hereby AFFIRMED
with the sole modification above–indicated.
With costs against the appellant.
SO ORDERED.
Melencio-Herrera, (Chairman), Paras, Sarmiento, and Regalado, JJ., concur.
*
Penned by Judge Rhodie A. Nidea
[1] Appellee’s Brief, pp. 2-5
[2] Appellant’s Brief, pp. 2-3
[3] People vs. Canoy, G.R. No. L-40422, June 24, 1985, 137 SCRA 134
[4] tsn of October 5, 1983, pp. 14-17
[5] Id., pp. 18-19
[6] Id.,
pp. 20-22
[7] Id., pp. 23-24
[8] tsn of January 25, 1984, p. 11
[9] People vs. Tolentino,
G.R. No. L-40236, December 19, 1985, 140 SCRA 411
[10] Exhibit A
[11] People vs. Aragona,
G.R. No. L-43752, September 19, 1985, 138 SCRA 569
[12] People vs. Pielago,
G.R. No. L-42256, December 19, 1985, 140 SCRA 418
[13] tsn of March 7, 1984, p. 23
[14] Exhibit F
[15] Appellant’s Brief, p. 8