G.R. No. 96950. January 29, 1993
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. DOMINADOR VILLARIN, ACCUSED-APPELLANT.
GUTIERREZ, JR., J.:
For resolution before this Court is the appeal interposed by Dominador
Villarin, accused-appellant for “Rape” under Criminal Case No.
1736. Villarin was sentenced by
Honorable Roque A. Agton of the Regional Trial Court, Branch 6, Mati, Davao
Oriental, to a prison term of “Reclusion Perpetua; to indemnify the offended
party in the sum of P12,000.00 in the concept of moral damages and attorney’s
fee in the sum of P5,000.00; and to pay the costs.”
The Information charging the accused-appellant for the crime,
reads as follows:
“The undersigned, at the instance of the offended party,
accuses DOMINADOR VILLARIN of the crime of RAPE, defined and penalized under
Article 335 of the Revised Penal Code, committed as follows:
‘That on or about the first week of December 1987, in the
Municipality of Mati, Province of Davao Oriental, Philippines, and within the
jurisdiction of this Honorable Court, the above-named accused, by means of
force, violence and intimidation, did then and there wilfully, unlawfully and
feloniously have carnal knowledge with one CARIDAD VILLADAR, against her
will.'” (Rollo, p. 30)
Upon arraignment, the accused-appellant pleaded not guilty to the
crime charged. (Ibid., p. 30)
The testimonial evidence for the prosecution included Dra.
Liwayway M. Lao who testified that as a resident physician of the Davao Oriental
Provincial Hospital, Mati, Davao Oriental, she examined on June 30, 1988,
Caridad Villadar, 28 years old, and found that Caridad Villadar was seven (7)
months pregnant as indicated in Exhibit “A”. Ms. Villadar was likewise x-rayed and the
result was introduced as Exhibit “B”. (Rollo, p. 31)
Adelina Apares testified that she is a local midwife and a
resident of Tagamot, Dawan, Mati, Davao Oriental, and that on October 4, 1988,
at about 2:00 o’clock in the morning, she assisted Ms. Villadar in delivering
her baby daughter, who was named Maricel.
Editha Mapa was presented and testified that she is a purok
leader of Tagamot, Dawan, Mati, Davao Oriental for 27 years. On June 28, 1988, she received a complaint
that the latter was on the family way and was allegedly raped by Dominador
Villarin. (Ibid., pp. 31-32)
Upon receipt of the complaint, Mrs. Mapa summoned the accused and
his father. Sotero Villarin, the
accused’s father appeared, but the accused failed to honor the invitation. During the conference, Sotero Villarin
proposed marriage of his son to private complainant Caridad Villadar, but
unfortunately her mother, Esperanza Villadar, pushed for the filing of the case
before the court.
On June 29, 1988, the mother, accompanied by her daughter, lodged
a complaint before the police station, asserting that her daughter was raped by
the accused. This complaint was entered
in the police blotter and an invitation was issued to the accused.
The accused and his father appeared before the police
investigation officer on July 4, 1988, and in the course of the confrontation,
the accused admitted having carnal knowledge with the victim and proposed to
marry her. The parents of the victim,
however, vehemently declined the proposal and instead insisted on filing the
case in court. (Ibid., p. 32)
Pfc. Fortunato Libres testified that as a member of the INP of
the Mati Police Station, Mati, Davao Oriental, he was assigned to serve a
subpoena and a complaint by the Provincial Fiscal’s Office for several times to
the accused, whom he could not contact at his residence.
Undaunted, he tried and on the first week of August 1988, while
armed with a warrant of arrest he went to Bunawan, Agusan del Sur, where the
accused was believed to be working. For
three (3) times, he failed to contact him. However, on December 15, 1988, he was able to serve the warrant on the
accused whom he brought to the Mati Police Station. (Ibid., p. 33)
Esperanza Villadar, mother of the victim, testified that she
noticed her daughter, Caridad’s abdomen bulging on June 20, 1988, thus she
brought the latter to the Davao Oriental Provincial Hospital for
examination. Dra. Lao examined Caridad
and informed Esperanza, that her daughter was pregnant. An x-ray picture was taken and it confirmed
the examination of the doctor who diagnosed Caridad to be seven months
pregnant.
When confronted, the victim informed her mother that she was
raped by the accused on the first week of December, 1987, while she was on her
way home after gathering bamboo shoots on their land. (Ibid., p. 33)
On June 28, 1988, Esperanza again reported the pregnancy of
Caridad to the Purok Leader/President of Tagamot, Dawan, Mati, Davao
Oriental. Mrs. Editha Mapa,
subsequently, reported the same incident to Sgt. Luciano of the Mati Police
Station. (Ibid., p. 34)
Caridad Villadar, 30 years of age, single and a resident of
Tagamot, Dawan, Mati, Davao Oriental took the witness stand and testified that
on the first week of December 1987; she was told by her mother to gather bamboo
shoots in their farm which is about one (1) kilometer away from their
house. She brought with her the sack
and a bolo for cutting the bamboo shoots. While on her way home carrying about half a sack full of bamboo shoots,
the accused grabbed the bolo from her and threw it away. The accused boxed her thighs, forced her to
lie down, and abused her. When his
bestial desire was consummated, the accused told her not to tell her mother or
else, she will be killed and then left immediately. She returned home without informing her mother about the
incident. (Ibid., pp. 34-35)
At 2:00 o’clock in the afternoon on October 4, 1988, Caridad gave
birth to a baby girl whom she named Maricel Villadar. (Ibid., p. 36)
For the defense, three witnesses took the stand, the accused
Dominador Villarin, Esperidion Burgos and Romeo Carmelotes. (Ibid., p. 36)
The accused vehemently denied the accusation of the complainant
and claimed that they are sweethearts. He also asserted that they had several sexual intercourses in the house
of the accused and that in all these encounters, the complainant wholeheartedly
consented. The relationship started in
June 1986, when the accused allegedly first visited the victim in her house and
proposed his love to her and on the same month, his proposal was accepted. Subsequently, he deflowered Caridad and this
resulted in a lovers’ intimacy which was repeated several times. (Ibid., pp. 37-38)
Esperidion Burgos, neighbor of the accused and the complainant,
testified that every Saturday and Sunday, he used to visit his friend, accused
Villarin. On one occasion, the accused
told him that Caridad is his sweetheart and when he met her in the poblacion of
Tagamot, the latter confirmed the relationship she had with the accused. He also disclosed that he saw on several
occasions, the accused and Caridad embracing each other at the residence of the
accused which is about 50 meters away from the residence of the
complainant. (Ibid., pp. 36-37)
Romeo Carmelotes on the other hand, testified that he has seen Caridad
in the house of Villarin many times since he often leaves in the house of the
latter, farm produce that he purchased in the area such as mangoes, jackfruits,
bananas, lemonsito, oranges and eggs. He asserted that he saw on several occasions Caridad and the accused,
embracing each other. (TSN, pp. 12-13,
April 2, 1990)
The only question left for this Court to resolve given the facts
re-stated above which were culled from the testimonies of the witnesses for
both the prosecution and the defense, is whether or not accused committed the
offense charged. This Court notes the
statement of the court a quo that:
“Upon close perusal of the facts at issue, both parties are
locked in conflicting versions. The
victim charged the accused for allegedly raping her in the first week of
December, 1987, however, the accusation was vehemently denied by the accused
and claimed that the victim is his sweetheart.” (Rollo, pp. 37-38)
Indeed, the review made of the testimonies of the principal protagonists,
the complainant herself, her apparently over-anxious mother, Esperanza Villadar
and the accused Dominador Villarin and his witnesses, corroborated the finding
of the trial court that the versions of the parties are not only conflicting,
but they are inconsistent, incongruous, incoherent and contradictory with each
other on vital and material points. Some doubt as to the veracity of the tales given by Caridad and her
mother is engendered. On the basis of
the records, the testimonies of Esperanza and Caridad Villadar could easily
have been rehearsed since they are not first-hand recitals of facts and
circumstances and they lack a certain element of spontaniety. The discovery of the pregnancy came on the
seventh month of the fetal life of the fruit of the coital relationship between
the accused and Caridad.
Pregnancy is an after-the-fact condition of the liaison between
two persons of different sexes. Whether
the pregnancy is the result of pleasurable or forced sexual intimacy is the
duty of the court to determine from the given facts and circumstances that are
not contrary to human nature and experience.
The fact that both Caridad Villadar and Dominador Villarin are of
marriageable ages, both being 28 years old at the time of the incident and without
any impediment to get married and the allegation that they would have lived a
peaceful and blissful life of their own if the vehement objection of Esperanza
Villadar did not stop them from doing so, is worth looking into to establish
whether or not the incident was indictable or it was a pure and simple amorous
relationship between two lovers.
There are other facts susceptible of two interpretations – one
supporting a finding of innocence and the other indicating the opposite. There are also contradictory statements:
1. The meeting of the accused and Caridad appears to have been
planned and was not by chance, considering the testimony of Esperanza Villadar
that the house of the accused is situated closer to the road, such that when
they have to go to the road, they pass by the house of the Villarins. Mrs. Villadar testified with respect to this
matter on cross-examination made by the Court and the counsel for the defense,
as follows:
“COURT:
Q – Is
he (accused) your neighbor?
A – Before they were staying in the
upper portion and they transferred to the lower portion, we are
neighbors.” (TSN – Jan. 15, 1990, p. 99)
x x x
ATTY. DIUYAN:
Q – How
far is the house of Sotero Villarin to your house?
A – Not far because we used to pass
by their house and on my way going to the road.
Q – Can
you estimate how far?
A – About
50 meters.
Q – And
your house is situated at the upper portion of the area?
A – Yes.
Q – And
the house of Sotero Villarin is below?
A – Yes.
Q – So,
these two houses is (sic) located in the hilly portion?
A – Yes.
Q – And
wherever (sic) you come down the road you pass by the house of Villarin?
A – Yes.”
(TSN – Jan. 15, 1990, pp. 99-100)
From the above, it can be argued that the appellant was on the
watch for Caridad to pass by and followed her on that fateful day. More likely, however, is that there was a
rendezvous between two lovers, for considering that Caridad may have been asked
to gather bamboo shoots, how would the accused know where she would go and what
time, if she did not tip off the latter? More important, as Caridad was to gather bamboo shoots, she would not be
passing by the house of the accused to go to the forest where the bamboo grove
grows because from the declaration of Esperanza above, they pass by the house
of the accused in going to the road. This shows that the house of the accused is on the opposite direction if
one is to go to the forest to gather bamboo shoots.
2. The declarations of the private complainant negate her
accusation that she was raped, because while she alleged that she lost
consciousness, she knew the details surrounding the act complained of as in the
following:
“ATTY. DIUYAN:
Q – Now,
what did you do since your hands were already free, did you fight back?
A – How
can I when I was already weak.
Q – And
you did not even shout?
A – No
more because I feel weak.
Q – And
you did not even cry?
A – I
cried.
Q – Now,
you said that you fell down, what was your situation at the time you fell down?
A – Facing
upward.
Q – Now,
what did Dominador Villarin do as you said you were lying down above (sic) him?
A – He removed
my panty.
Q – What did you do when Villarin
removed your
panty?
A – I
was already
unconcious.
Q – Why were you unconscious?
A – Because
he boxed my thighs.
Q – How
many times did he box your thighs?
A – Several
times.
Q – Which
thigh did Dominador Villarin first pound?
A – Simultaneous, my
two thighs
were pounded.
Q – As you said you were already
unconscious, is
that right?
A – Yes.
Q – And as you said, inspite of
the fact
that you
were unconscious,
Dominador Villarin
removed your
panty?
A – Yes.
Q – Now, after
removing your
panty, what
else did
you do?
A – He ride (sic) on top of me. (Underscoring supplied)
Q – Your
hands were no longer held by Dominador Villarin?
A – No.
Q – In
other words, your hands were free?
A – Yes.
Q – At
that time that he already rode on top of you, do you want to tell us that he
was already naked or has removed his trousers?
A – Yes.
Q – What
was his position when he removed his pants?
A – While
he was on top of me, he removed his pants.
Q – And
you were already unconscious at that time?
A – Not
yet.
COURT:
Q – How
do you know that he has removed his pants?
A – I
could feel that he was the one on top of me because I can observe or notice.
COURT:
Proceed.
ATTY. DIUYAN:
Q – You
mean, at that time, both of your eyes were open?
A – Yes.
Q – And
you saw Dominador Villarin, you know that Dominador Villarin removed his pants?
A – Yes.”
(TSN, Jan. 16, 1990, pp. 136-138)
Not only were the allegations of Caridad conflicting as shown
above, they were also contradictory to each other on material points. They are also contrary to human nature and
experience, as shown by the following testimony:
“COURT:
Q – He
was able to loosen that long pants while he was on your stomach?
A – Yes.
Q – And
your panty was removed at that time?
A – He
already removed my panty.
Q – And
your hands were free at that time when he removed his pants?
A – Yes.
Q – Why
did you not scratch him, kick his penis considering that your hands are free?
A – I
feel weak at that time.
Q – But
you were still free to move?
A – Because
I could feel the pain on my arms which he held.
Q – After
removing his pants, he lie on top of you?
A – Yes.
Q – Your
legs were open?
A – Yes.
Q – In
other words, you did not close your legs at the time he was on top of you?
A – Yes. How can it could be close (sic) that he rode
on top of me?
Q – Did
you not wriggle or remove him from your body?
A – I tried to wriggle
but he insisted.
Q – At the time that he was in position
to have
sexual intercourse
with you,
did you
not try
to push
him?
A – I cannot push him because he
is a big
man.
Q – Now,
at the time of the sexual intercourse, did he hug and kiss you?
A – Yes.
Q – Now, he also kissed
your lips?
A – Yes.
Q – Did you not bite his lips as you want to struggle to
free yourself?
A – I cannot because he
held also
my head.
Q – But
there are times that he will release his hands when he kissed you?
A – Because,
he held my head and pushed it to the ground.
Q – And
his lips is (sic) close to your lips or to his chin?
A – Yes.
Q – Why did you not bite him, his ears?
A – How can I bite him that he controlled
my head.
Q – How
did he hold your head?
A – By
pushing to the ground.
Q – At that time, he was also kissing you
and have
sexual intercourse?
A – Yes.
Q – And
also, he kissed also your nipple?
A – No.
Q – How
long did it take Dominador Villarin to lie on top of you?
A – About
five minutes.” (TSN – Jan. 16,
1990, pp. 138-139; Underscoring supplied)
3. Contrary to the assertion of the complainant that the reason
why the incident was not reported to her parents immediately was because she
claimed that the accused threatened to kill her, yet she also testified that
after the incident in the first week of December 1987, Dominador Villarin
escaped. Below is part of the testimony
of Caridad Villadar to this effect:
“ATTY. DIUYAN:
Q – Now, did you not inform your mother about the incident?
A – No,
because I was afraid that he was going to have me killed.
Q – Now, at the time that you got
pregnant before you were examined by the doctor, did you not inform your mother
that you were raped by Dominador Villarin?
A – No, because
I was afraid that
he will
kill me.
Q – Within that
first week
of December
1987, after
the incident,
did you
have any
chance to see Dominador Villarin in
his house?
A – No more, he escaped.
Q – How did you know that he ran away?
A – Because everytime
I go to the road, he cannot be seen as I pass by their house.
Q – After
the incident, how many times did you pass the house of Dominador Villarin?
A – Several times.
Q – And
you said, you did not see Dominador Villarin at that time?
A – No more.
Q – And
somewhere in Sitio Tagamot, have you not seen him?
A – No.”
(TSN – Jan. 16, 1990, pp. 145-146; Underscoring supplied)
4. The filing of the complaint against the accused can be
subjected to various explanations. The
appellant claims that it was filed not to seek justice but to explain a
pregnancy during an unmarried state. The accused had left the place and from all indications he may have
abandoned the woman he impregnated. The
rape drama is equally susceptible to a finding that it portrays what really
happened or that it is a mere cover-up of an amorous relationship between the
accused and Caridad who was prevailed upon by her parents to cooperate with
them after the accused hid himself from their view. It may also be possible that the accused miscalculated the
actuations of Caridad and her mother. The following testimonies support this point:
“ATTY. DIUYAN:
Q
– Now, after you were being questioned by your father that was after being
examined by the doctor, and you said that it was Dominador Villarin who raped
you on the first week of December 1987, did you tell your mother and father to
file the case before the purok president?
A – Yes,
I told them.
Q – And
it was you who went to the purok president?
A – Yes.
Q – And
your mother just accompany you?
A – Yes,
my mother and father.
Q – What
was the purpose in reporting the matter to the purok president?
A – In order to let Dominador Villarin
appear.
Q – Now,
did you have a conversation with the purok president?
A – Yes.
Q – And,
what did she say?
A – I requested
her to let Dominador
Villarin appear.
Q – Now,
at the time when your mother noticed that your stomach is growing and before
bringing you to the hospital for examination, did your mother inquire from you
why your stomach is big?
A – She inquired
but I did not tell them because I was afraid.
Q – Even
the incident has lapsed for 6 months, you were still entertaining that fear?
A – Yes.”
(TSN – Jan. 16, 1990, pp. 146-147; Underscoring supplied)
On the other hand, the records are clear that Esperanza Villadar
was adamant to the idea that her daughter, Caridad who was expecting a baby
fathered by the accused would be married to the latter. The mother wanted to save face in the
community where everybody knows everybody else. She protested the proposal first made by the father of the
accused, then the accused himself, as follows:
“ATTY. VALENTEROS:
Q – Now,
what happened when the father of Dominador Villarin and his daughter were
present in the purok?
A – While
before the purok president, the father told us that we must settle the case
because his son will marry my daughter.
Q – Now,
after the father of Dominador Villarin will marry your daughter Caridad
Villadar, what did you say?
A – I
refused.
Q – Why
did you refuse?
A – Because I don’t like
the idea
of raping
my daughter
and propose
marriage.
Q – Now,
in that forum, was there any settlement arrived at?
A – Yes,
before the purok president, the father of Dominador Villarin proposed
settlement and to marry my daughter.
Q – You said
you did
not want
that kind
of proposal,
after refusing
the proposal
of the father of Dominador Villarin,
what did
you do?
A – I referred
the matter
to the INP station.
x x x
Q – You
said Dominador Villarin was around, was he alone at that time at the police
station?
A – Together
with his father.
x x x
Q – Now,
what did you tell to the police?
A – I
really don’t want that he will marry my daughter.
Q – Now, you said that you were in the police station,
who did
the talking?
A – We, the father of Villarin and
myself.
Q – Now,
what did Dominador Villarin propose in the police station for settlement?
A – That
he is willing to marry my daughter.
Q – Now,
your answer was no to that proposal?
A – Yes.
Q – What
other proposal did they make?
A – The
father also told us that they will
pay for the wedding.
COURT:
Q – Is there any reason
why you
did not
agree to
the marriage?
A – Yes, My reason is,
why did
he rape
my daughter
if he is
willing to
marry?
Q – Did you not ask your daughter
if she is willing
to marry
Villarin?
A – No.” (TSN, Jan. 15, 1990, pp. 94-95; Underscoring
supplied)
Dr. Liwayway Lao who examined Caridad testified on the questions
asked by the Court pertaining to the pregnancy of the complainant. She stated that it was the mother of the
latter who was over-anxious about the rape drama, indicating that with the
clout exerted upon Caridad, she was forced to concoct the alleged rape, even if
the pregnancy could have been the result of an amorous relationship, as
follows:
“COURT TO THE WITNESS:
Q – In
other words, at the time you examined the victim, she was pregnant for seven
months?
A – That
is by measuring the size of the uterus, Your Honor.
Q – In
other words, you are not quite sure?
A – Because the
victim was
not so cooperative when
I asked
the questions
for (sic)
her.
Q – Who answered
the questions?
A – The mother
– she was
the one
accompanying her,
Your Honor,
because they
seek consultation
of the abdominal mass. x x x
Q – You
stated that she is pregnant, do you know whether she had delivered a baby?
A – Yesterday, I
learned that
she already
delivered, and
also this
morning, the
mother told
me, Your
Honor.
Q – When
did she deliver?
A – October,
1988, Your Honor.
Q – When
was the time when you examined her?
A – June
30, 1988, Your Honor.
Q- In
other words, your estimate of 7 months is not true because she delivered
October?
A – June
30, Your Honor, and she delivered first week of October.
Q – How
many months from the time you examined her?
A – Excluding October, because it is only 4 days, it is 10 months. A pregnant uterus can reach 10 months of
post maturity, but I did not see the child when she delivered it.
Q – At
the time you examined her?
A – By computation, Your Honor, with regards to palpation (sic). If I could remember right,
when I asked the last menstrual
period, she
did not
answer, because
all the
questions were
answered by
the mother.”
(TSN – April 11, 1989, pp. 8-10; Underscoring supplied)
During the confrontation at the INP Station, the mother of
Caridad and the father of the accused did all the talking with respect to the
offer of marriage to Caridad by the accused. (TSN – Jan. 15, 1990, p. 95)
The positive allegations of the accused that he was having an
intimate relationship with Caridad which were corroborated by his two (2)
witnesses were not successfully refuted. Portions of his testimony on cross examination, are:
“ATTY. VALENTEROS:
Q – You
also testified on direct examination that you were courting Caridad Villadar?
A – Yes,
sir.
Q – When
was the first time in 1986 that you proposed your love to her?
A – That
was in the month of June, 1986.
COURT:
Q – What
day was that?
A – I
forgot the date, Your Honor.
Q
– Did you not stated (sic) previously
it was June 13? You testified in direct
examination that you proposed your love to her in their house on June 13 and
now you forgot?
A – It
was not June 13 that I visited, Your Honor.
Q – When?
A – My first visit was on June 7, 1986.
Q – When were you accepted?
A – June 12, 1986.
Q – Previously,
you stated that your love was accepted on June 13, now you said June 12. I noted your answer. Which is correct, 13 or 12?
A – 12,
Your Honor.
x x x
ATTY. VALENTEROS:
Q – Now, you said that you had intercourse with
Caridad Villadar
many times,
did I get
you right?
A – Yes, sir, we have done that for several
times.
Q – When was the first time that you had intercourse with
her?
A – The latter
part of
1986.
Q – In December
of 1986?
A – November.
Q – From that time you had several
intercourse with
her?
A – Yes, sir.
Q – How many times exactly
if you can recall
that you
had intercourse
with Caridad
Villadar?
A – I
cannot recall how many times but I
have done it several times.
Q – Could it be 20 times?
A – More than that.
Q – About 40 times?
A – Maybe sir,
about 40
times.
Q – Now, you said that you had intercourse with
her the
first time
in the month of November, 1986,
is that
correct?
A – Yes, sir.
Q – Specifically,
what date if you can recall?
A – I cannot recall the
date.
Q – Could it be last week of November 1986?
A – I forgot but I am sure it was latter part
in the year 1986.
x x x
ATTY. VALENTEROS:
Q – November 1986,
was that
your first
experience?
A – Yes, sir.
Q – Do you know if in the early part
of December
1986 you
had intercourse
with her?
A – No, sir.
COURT:
Q – When was the second
time?
A – About February,
1987, Your
Honor.
ATTY VALENTEROS:
Q – Up to when was that relationship
of yours
cut off?
x x x
A – At the time when her mother
learned that
she was
pregnant.
x x x
COURT:
Q – Now, during
your first
carnal knowledge
with the
woman did
you ask
for a date again
to do the same thing?
A – Only one day of difference,
your Honor.
Q – In other words, in
the month
of November
you have
done the
same thing?
A – Yes, Your Honor.
Q – More or less in November how
many times?
A – Many times.” (TSN, April 4, 1990, pp. 166-175; Underscoring
supplied)
In the course of this review, the Court noted the insistence of
the accused in asserting what could be the true antecedents surrounding the
alleged rape, including the hope that their indiscretion, might bring about the
consent of Caridad’s parents. The indiscretion
was a miscalculated move on his part, for instead of allowing the couple to
settle down for good, the mother saw to it that a charge of rape be levelled
against the accused.
The records show that at critical junctures when Caridad should
have been concerned, she was silent and apathetic leaving everything to her
mother who was persistent and assertive:
“ATTY. DIUYAN:
Q
– Now, Mr. Villarin, everytime the
hearing is called you are present and you noticed that Caridad Villadar
testified in court charging you for committing rape against her, what can you
say to that?
A – That
is not true.
Q – What
is the truth?
A – That
happened, to both of us because of our agreement with each other.
Q – Now,
Mr. Villarin, did you have still a chance, if any, to talk to Caridad Villadar
after the case was filed against you?
A – Yes,
sir.
Q – When
was that?
A – My
last hearing last November 16 here in court.
ATTY. DIUYAN:
Q – In
what particular area of this court were you able to talk to Caridad Villadar?
A – Downstairs.
Q – Can
you recall, if any, what conversation took place between you and Caridad?
A – I
confronted her why she filed a case against me.
Q – What
was her answer?
A – Caridad Villadar
said that: ‘I cannot
do anything
because if
I will not obey my
parents they
will kill
me.’” (TSN – April 4, 1990, p. 160)
x x x
“COURT:
Q – From
the time when her mother knew that her daughter was pregnant did you not talk
to Caridad?
A – No
more, Your Honor.
Q – Why?
A – Because
her mother doesn’t allow us anymore to talk.
Q – But
you love Caridad, is that correct?
A – Yes,
Your Honor.
x x x
Q – Did
you not tell your close friends that you wanted to talk with Caridad
considering that the mother was angry with you?
A – I
was not able to do that because I was already confused what to do.” (TSN –
April 4, 1990, p. 170)
x x x
“ATTY. VALENTEROS:
Q – Now,
Mr. Villarin, while you were still sweethearts with Caridad did you not go to
the parents of Caridad even ones to insinuate about your desire to marry
her? (sic)
A – I
told Caridad that I wanted to be introduced to her parents in order that I will
propose marriage but she said not now.
COURT:
Q – How
many times did you tell Caridad that you will marry her?
A – Many
times.
Q – And
her answer is her parents does (sic) not like you?
A – Yes,
Your Honor.
Q – But
at any rate Caridad loves you?
A – Yes,
Your Honor.
Q
– Considering therefore that the parents of Caridad doesn’t like you, inasmuch
as Caridad loves you so much why did you not ask her to elope with you in order
that both of you can be married?
A – I
did not think about that because her parents objected to my proposal how much
more if I will elope with their daughter.
Q – Even
if that is the only way that you will save yourself by eloping her?
A – I
will wait for them until such time that they will come to me.
Q – You
still waited for the time when the parents of Caridad does (sic) not like you?
A – At
that time, Your Honor, I told Caridad that I am decided to ask for your hands but
Caridad said not this time and I said, ‘Now
that you
are pregnant
what will
happen to
you?, and
Caridad answered,
‘We will
wait for
the decision
of my parents.’” (TSN – April 4, 1990, pp. 176;
Underscoring supplied)
Notwithstanding the rebuttal testimony of Caridad Villader
consisting of plain denials of the accused’s positive, definite, consistent and
detailed assertions, the inconsistencies on material points remain. The prosecution failed to establish evidence
convincing enough to overcome the constitutional presumption of innocence.
WHEREFORE, the decision of the Regional Trial Court of
Mati, Davao, dated August 30, 1990, is hereby REVERSED and SET ASIDE. The accused-appellant DOMINADOR VILLARIN is
ACQUITTED on grounds of reasonable doubt.
SO ORDERED.
Bidin, Davide, Jr., Romero, and
Melo, JJ., concur.