PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. EDUARDO SORONIO Y GALUCAN, ACCUSED-APPELLANT.

Eduardo Soronio y Galucan was found guilty of rape committed
against Mary Grace Mabano, the 16-year-old classmate of his daughter,
Annabelle, and was sentenced to suffer the penalty of reclusion perpetua
and to pay the costs.  The information in
Criminal Case No. III?2254 of the Regional Trial Court of Lanao del
Norte, Branch 3, Iligan City, reads as follows:

“That on or about January 7, 1989, in the City of Iligan, Philippines, and within the jurisdiction
of this Honorable Court, the said accused, armed with a hunting knife, by means
of violence, threats and intimidation, did then and there wilfully, unlawfully
and feloniously have carnal knowledge of the undersigned and against her will.

“Contrary to and in violation of Article 335 of the Revised
Penal Code.” (p. 13, Rollo.)

The accused having appealed, we have carefully reviewed the
records of the case and found two diametrically-opposed versions of the
incident.

The prosecution’s evidence shows that on January 7, 1989 at about
6:30 in the evening, the complainant went to the house of the accused which was
only some fifteen meters away from her home in Kiwalan, Iligan City, to borrow
a book from her classmate Annabelle, who is Soronio’s daughter.  When she arrived at the place, Soronio,
pretending that his daughter was around, asked Grace to come in.  As soon as Grace entered the door, he grabbed
her and slammed the door shut.  He
covered her mouth with his left hand and pointing an eight-inch kitchen knife
at the side of her neck, he warned her not to shout or he would kill her.  While she trembled in shock and fear, Soronio
quickly removed her panty as he pushed her down the floor.  He removed his short pants and raised
Mabano’s skirt.  While holding the knife
against her neck, he succeeded in having coitus with her.

Having consummated the act, appellant stood up and repeated his
warning to Grace that he would kill her and the rest of her family if she
should tell on him.  Grace ran home
crying.  Her mother, noticing that she
had been crying and that there was blood on her left leg, asked her what was
wrong, but she remained silent.

The next day, Grace stayed home, sad and brooding.  When her father arrived, he observed the
sudden change in his daughter and compelled her to talk.  Grace ran to the kitchen to get a knife and take her life, but
her father was able to stop her in time. 
Upon further questioning, she broke down and poured out her story.  She was brought to Dr. Alfonso Gaite II of
the Iligan District Hospital, where she underwent a physical examination.  Doctor Gaite found a “ruptured hymen but
no laceration in her vagina, which was negative for sperm cells.”

The version for the defense was that Grace went to Soronio’s
house at about 7:30 p.m. on January 7, 1989 to borrow P150 from the
accused-appellant as directed by her mother. 
At that time, appellant’s mother Kilita, his daughter Annabelle, and a
78-year old neighbor, Fermin Guevarra, were allegedly in the house.  The appellant is separated from his
wife.  The appellant allegedly gave Grace
P90, which was all that he had at the time. 
Upon receiving that amount, Grace allegedly told him that she would wait
for him in the vacant house in front of the Mabano home.  He went to the designated place and found
Grace there waiting for him and they had sex. 
He said that Grace was no longer a virgin.

Appellant claims that Grace consented to have sex with him.  He even implied that he had paid her for the
favor as shown by the absence of lacerations, scratches or abrasions on any
part of the victim’s body.

Appellant’s contention
deserves scant consideration.

For rape to be committed,
it is not necessary that there must be marks of physical violence on the
victim’s body (People vs. Feliciano, 195 SCRA 19).  Neither does absence of spermatozoa in the
vagina or thereabouts negate the commission of rape (People vs. Yambao, 193 SCRA
571), because it is penetration, however slight, and not ejaculation, that
constitutes rape (People vs. Gerones, 193 SCRA 263).  Virginity or chastity of the victim is not an essential element of rape (People vs. Banayo, 195 SCRA 543;
People vs. Mercado, 190 SCRA 452).

The force employed in
rape need not be so great or of such
character that it could not be repelled
(People vs. Mercado, supra).  Not all
women react similarly when subjected to the same force or intimidation.  Some fight back as trapped tigers in defense
of their honor while others are cowed to obey from fear.  There is no standard form of behavior when
one is confronted by a shocking incident, as the workings of the mind under
stress are unpredictable.

The complainant’s
behavior after the assault was wholly consistent with the charge of rape.  She went home hurt and crying and was silent
and brooding all evening.  When her
father compelled her to divulge what happened to her, she attempted suicide
(pp. 16-20, TSN, March 9, 1989).  All
these show that her traumatic experience had devastated her.  Her testimony was direct, clear and to the
point.

Both elements of
rape:  (1) that the offender had carnal
knowledge of the girl:  and (2) that such act was accomplished
through the use of force or intimidation
– are present in this case.

The required quantum of
proof beyond reasonable doubt to justify the verdict of guilt is present.  Proof beyond reasonable doubt does not mean
such a degree of proof as to exclude the possibility of error:  only moral certainty is required (People vs.
Bacalzo, 195 SCRA 557).

WHEREFORE, the appealed decision is affirmed with
modification by ordering the appellant, Eduardo Soronio y Galucan to pay the
rape victim, Mary Grace Mabano, damages in the sum of P30,000.  Costs against the appellant.

SO ORDERED.

Narvasa, C.J., Cruz, Feliciano, and
Medialdea, JJ., concur.