THE PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. CESAR CLADO, ACCUSED-APPELLANT.D E C I S I O N

In Criminal Cases Nos. T-2863, T-2864 and T-2865 of the Regional Trial Court
of Tabaco, Albay (Branch 16), accused-appellant Cesar Clado was charged on
October 13, 1997 with three counts of rape under separate informations filed on
the bases of complaints sworn to by the complainant, Salve Cariño.

The information in Criminal Case No. T-2863^[1] alleges:

“That on April 14, 1997 at around 10:00 o’clock in the evening, more or less,
inside the Dita’s Beauty Parlor, Market Site, Poblacion, Municipality of Tiwi,
Province of Albay, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, with lewd design and by means of force, threat
and intimidation, did then and there wilfully, unlawfully and feloniously have
sexual intercourse with SALVE CARIÑO, 15 years of age, against her will and
consent, to her damage and prejudice.”

while that in Criminal Case No. T-2864^[2] avers:

“That on April 15, 1997 at around 11:00 o’clock in the evening, more or less,
inside the Dita’s Beauty Parlor, Market Site, Poblacion, Municipality of Tiwi,
Province of Albay, Philippines, and within the jurisdiction of this Honorable
Court, the above-named accused, with lewd design and by means of force, threat
and intimidation, did then and there wilfully, unlawfully and feloniously have
sexual intercourse with SALVE CARIÑO, 15 years of age, against her will and
consent, to her damage and prejudice.”

The information in Criminal Case No. T-2865 is a verbatim copy of the
information in Criminal Case No. T-2864.

During the arraignment, appellant entered a plea of not guilty to the
offenses charged. The cases having been consolidated, the lower court, after a
joint trial, rendered judgment on September 4, 1998 finding appellant guilty of
two counts of rape as charged in Criminal Cases Nos. T-2863 and T-2864 and
sentencing him to suffer the penalty of reclusion perpetua for each count
and to indemnify the victim in the amount of P50,000.00 in each of the two
cases. Criminal Case No. T-2865 was dismissed for insufficiency of evidence.

The prosecution presented as its witnesses – Salve Cariño, the private
complainant, Editha Cariño, the former’s sister and Dr. Leonides Cruel,
municipal health officer of Tiwi, Albay. For its part, the defense presented the
accused-appellant himself, Juanito Credo, a stall owner in the market site and
Salvacion Crucillo, a friend of accused-appellant.

The testimonies of the witnesses for the prosecution established the
following facts succinctly summarized in the Appellee’s Brief^[3] as follows:

“On April 14, 1997, Salve Cariño was tending Dita’s Beauty Parlor located at
Market Site, Tiwi, Albay in the absence of her sister, Editha Cariño, who left
for Manila to buy wedding gowns. It had only been three (3) days since she
arrived from Bulacan after she was fetched by Editha to assist her in the store
(TSN, December 10, 1997, p. 7; January 29, 1998, p. 9).

At about 7:00 o’clock in the evening, accused-appellant borrowed a water jug
from Salve, which the latter immediately lent. He came back at about 10:00
o’clock that evening to return it. When Salve opened the door to return the
water jug, accused-appellant forced his way inside, switched off the lights and
closed the door. Then, he embraced and kissed her while threatening to kill her
should she make an outcry. He covered her mouth with his hand while fondling
her. He pushed her to the bed and stripped her of her t-shirt and shorts.
Despite Salve’s efforts to extricate herself from his solid grip, he
successfully forced himself on her. After he had satisfied his lust, he warned
Salve not to tell the incident to her sister Editha and left her crying (TSN,
Dec. 10, 1997, pp. 4-7).

The following day, April 15, 1997, at about 11:00 o’clock in the evening,
Salve was in deep sleep when she was awakened by somebody knocking and borrowing
a match and candle. Without second thought, she got up and opened the door only
to find out that it was accused-appellant, who directly went inside, hurriedly
switched off the lights and slammed the door. Salve pleaded for him to leave as
she was alone. But instead of leaving, accused-appellant embraced her and kissed
her. He threw her on the bed and pinned her down. She managed to push him and he
fell down. She tried to run, but he caught her at the waist. Enraged, he
forcibly laid her on the cement floor where he ravished her twice that night
(ibid., pp. 7-9).

When Editha Cariño returned from Manila on April 18, 1997, she noticed that
Salve was unusually silent and unable to eat. The next day, April 19, 1997,
Salve begged Editha to allow her to go home to their mother at Pulangui, Albay,
ahead of her scheduled departure on April 21, 1997. Since Salve was unaccustomed
to travelling alone and Editha could not afford to close the store on a weekend
to accompany her, Editha refused to let Salve go. Probing for the real reason
for her sudden decision to leave, Salve finally told Editha of her ordeal.
Editha lost no time in confronting accused-appellant, who denied the accusation.
Confused and unsure whom to believe, Editha went back to Salve who assured her
that she was telling the truth (TSN, Dec. 10, 1997, pp. 9-10; Jan. 29, 1998, pp.
10-12).

Editha and Salve went to the police station where Salve’s Sworn Statement was
taken. Thereafter, they were advised to proceed to Mayor Gutierrez who gave them
a referral letter to Dr. Leonides Cruel, the Municipal Health Officer. The
latter asked them to return the next day as it was Sunday then and he had no
employee to assist him. Meanwhile, upon the advise of the police, they fetched
their mother at Pulangui, Albay (TSN, Dec. 10, 1997, pp. 10-16; Jan. 29, 1998,
pp. 13-14; 21).

Upon examination, Dr. Cruel issued the following Living Case Report:

FINDINGS:

1. 1. No external physical injury noted.
2. 2. Hymen revealed superficial fresh healed lacerations at 5:00 o’clock and
   7:00 o’clock before the face of a watch.

3. 3. Vaginal orifice admits one finger with difficulty.

CONCLUSIONS:

Physical virginity on the person of SALVE CARIÑO y REMODIS lost.

(Exhibit C; Rec. Vol. 1, p. 5).”

Accused-appellant refuted the charge against him by raising the defense that
he and Salve were sweethearts, thus, the sexual intercourse that happened
between them on the night of April 14 and April 15, 1997 was with their mutual
consent. His version of what happened on the said dates is as follows: In the
evening of April 14, 1997, he was at Dita’s Beauty Parlor along with three other
friends, playing records and tapes. The group stopped listening to the records
and tapes at about 7:30 of that evening because of the agreement he and Salve
had to have sexual intercourse later that evening. He and the rest of the
companions left the parlor, but he returned because of the agreement he had with
Salve. He returned to the parlor at around 10:00 and knocked softly three times
as a signal upon instruction of Salve. She let him in and the two had sexual
intercourse with each other with Salve positioned on top of him. He came back
the following night on April 15, 1997, as he and Salve had an agreement to have
sex again.^[4] Accused-appellant further
testified that the reason Salve charged him with rape was because the former got
angry with him when he decided to cool off the relationship after he found out
that she was no longer a virgin and that she was experienced in performing
sexual acts.^[5]

To bolster accused-appellant’s contention that he and Salve were sweethearts
and that the sexual intercourses on April 14 and 15, 1997 were with the
voluntary will of the complainant, defense witness Salvacion Crucillo testified
on the close relations between accused-appellant and Salve; while the other
defense witness Juanito Credo who had been sleeping in a store two meters away
from Dita’s beauty parlor did not hear any unusual sounds during the nights in
question.

As mentioned earlier, the lower court found accused-appellant guilty beyond
reasonable doubt of two counts of rape. In arriving at the conviction, the lower
court rejected the version of the accused-appellant, stating as follows:

“By reason of the accused’s admission of having carnal knowledge with the
complainant at the place and on the date and time in question, the accused bears
the burden of proving his defense by substantial evidence. (People vs. Bayani,
262 SCRA 660). Otherwise stated, the burden to prove that the sexual intercourse
was voluntary on the part of the complainant or that it was mutually done by
both complainant and accused is shifted to the accused. After all, it is settled
that when a woman says that she has been raped she says in effect all that is
necessary to show that she has been raped. (People v. Cristobal, 252 SCRA 507).
Besides, the law does not impose upon a rape victim the burden of proving
resistance. (People vs. Talaboc, 256 SCRA 441). What needs only to be
established is the use of force or intimidation by the accused in having sexual
intercourse with the victim. (People vs. Gecomo, 254 SCRA 82).

The Court does not find the defense put by the accused credible. The Court is
not convinced that a fifteen-year old girl like complainant would hastily agree
to have sexual intercourse with the accused whom she had known barely a week.
Such an action is not in accordance with the ordinary course of events
especially because complainant appears to have been devirginized by accused
because the medical certificate (Exhibit C) shows that complainant’s vaginal
orifice admits one finger with difficulty. If complainant consented to have
sexual intercourse with the accused, her natural reaction would have been to
conceal it or keep silent about it instead of reporting the crime upon her
chastity to her sister. (People vs. Español, 256 SCRA 137) Moreover, the claim
of the accused that on April 19, 1997, complainant was with him swimming at
Joroan, Tiwi, Albay from eight o’clock in the morning up to five o’clock in the
afternoon, is clearly belied by the fact that at 9:50 o’clock in the morning of
said date, complainant was not in Joroan but actually at the police station of
Tiwi, Albay giving her statement about the rape incidents complained of and this
is clearly shown by Exhibit B.”^[6]

Hence, this appeal from the lower court’s decision, with the sole assignment
of error^[7] allegedly committed by and
imputed to the court a quo:

“THE LOWER COURT ERRED IN FINDING ACCUSED-APPELLANT GUILTY OF TWO (2) COUNTS
OF RAPE, WITHOUT HIS GUILT HAVING BEEN PROVED BEYOND A REASONABLE DOUBT.”

It is appellant’s position, as articulated in his lone assignment of error,
that the lower court erred in convicting him of two counts of rape considering
that the prosecution failed to prove the attendance of force and intimidation in
the commission of the sexual acts. In support of his contention, appellant
claims that he was unarmed on April 14 and 15, 1997, but complainant did not
make any serious outcry or determined efforts of resistance; that the medical
certificate does not contain any findings of external injuries on complainant’s
body; and that it is improbable that the alleged unconsented copulations took 30
to 40 minutes each as testified to by the complainant.

We are not impressed.

Appellant’s assertion that the sexual congresses were consensual and that the
same were not accomplished through force and intimidation is belied by the
records. Complainant testified that she struggled to resist appellant who used
force and intimidation to subdue her. On the night of April 14, 1997, this is
what happened:

On the other hand, on the night of April 15, 1997, this is what happened:

The law does not impose upon a rape victim the burden of proving
resistance.^[10] Physical resistance need
not be established in rape when intimidation is exercised upon the victim and
the latter submits herself, against her will, to the rapist’s embrace because of
fear for life and personal safety.^[11]
Evidently, on the first night, complainant submitted herself to appellant’s
embrace because of fear for life and personal safety. She was prevented from
shouting when appellant covered her mouth and she was cowed into silence by the
threat made by appellant against her life. Intimidation must be viewed in the
light of the victim’s perception and judgment at the time of the rape and not by
any hard and fast rule.^[12] It is
therefore enough that it produces fear – fear that if the victim does not yield
to the bestial demands of the accused, something would happen to heart the
moment or thereafter, as when she is threatened with death if she reports the
incident.^[13] This Court has noted in
several cases that minors could be easily intimidated and cowed into silence
even by the mildest threat against their lives.^[14] At the time of the commission of the
crimes, Salve was a fifteen-year old girl who had just arrived in town to tend
the beauty parlor of her sister. She was left all alone that night and
intimidation would explain why she did not put up a determined resistance
against her defiler.

On the second night, there was a scuffle as complainant tried to resist
appellant’s advances, however, this Court has ruled time and again that the
force required in rape cases is relative and need not be overpowering or
irresistible when applied. What is necessary is that the force employed in
accomplishing it is sufficient to consummate the purpose which the accused has
in mind.^[15] In the instant case,
appellant used the necessary force to overcome his victim and consummate his
bestial deed. The absence of external injuries such as bruises, scratches or
abrasions in complainant’s body does not rule out rape. The lack of such
telltale signs of force is not necessarily inconsistent with complainant’s
testimony regarding the manner by which appellant succeeded in satisfying his
lust.^[16] Complainant resisted
appellant’s advances and fought him off but her efforts proved futile as can be
expected from a fifteen-year old girl pitted against a twenty-one year old
man.

As to her testimony on direct examination that the actual sexual intercourses
took thirty to forty minutes each, we note that in her cross-examination she
stated that the same occurred for three minutes. Suffice it to state that a rape
victim is not and cannot be expected to keep an accurate account of her
traumatic experience.^[17] This detail –
the length of time of the sexual intercourse – is too insignificant to negate
the use of force and intimidation during the incidents in question and to
discredit the testimony of complainant. Moreover, we have held in People vs.
Alfeche^[18] where the testimony of the
victim regarding the length of stay of the rapist was likewise questioned that,
“a misestimation of time is too immaterial to discredit the testimony of a
witness, especially where time is not an essential element or has no substantial
bearing on the fact of the commission of the offense.”

Appellant further assails the credibility of complainant Salve and insists
that the rape charges are a clear fabrication borne out of a relationship that
had gone sour and left in its wake a scorned woman exacting her revenge. After
having carefully studied the transcripts of the testimonies of the witnesses, we
must again defer to the lower court’s evaluation of the credibility of Salve’s
testimony. It is plainly inconceivable that complainant, who was only fifteen-
years old at the time the incidents happened, would have subjected herself to
the humiliation and rigors of a public trial, if the accusations were not
true.^[19] It is highly unlikely that a
simple barrio lass in her teens, would accuse another of a serious crime such as
rape if it were not the plain truth or if her motive was not purely to bring the
perpetrator of her violation to justice.^[20]

We share the view of the lower court that appellant’s claim that he and Salve
were sweethearts is a fabrication; and that she agreed to have sex with him and
positioned herself on top of him in consummating the sexual act is a blatant
lie. Equally unworthy of belief is his contention that the reason complainant
filed the charges against him was because he decided to break up with her upon
finding out that she was no longer a virgin and that she was experienced in the
ways of the world. As correctly pointed out by the lower court, appellant had
the burden of proving that indeed they were sweethearts, and this he miserably
failed to do so. Evidence for the defense that appellant and complainant were
swimming and enjoying themselves in Joroan on April 19, 1997 was successfully
rebutted by the evidence for the prosecution that she was actually at the Tiwi
police station on that day. Appellant and complainant had known each other for
barely a week and not only was his claim categorically denied by Salve, but
there was no substantial evidence, such as love notes, mementoes or pictures,
presented by the appellant to support it.^[21]

Accordingly, we affirm the judgment of conviction rendered by the lower
court. Pursuant to prevailing jurisprudence, an additional amount of P50,000.00
for moral damages is likewise granted for each count of rape.^[22]

WHEREFORE, the decision of the lower court finding the appellant
guilty of two counts of rape and sentencing him to suffer the penalty of
reclusion perpetua for each count, and to pay civil indemnity in
the amount of P50,000.00 for each count is AFFIRMED. An
additional award of P50,000.00 for moral damages is hereby granted for each
count of rape.

SO ORDERED.

Melo, (Chairman), Vitug, Panganiban, and Purisima, JJ.,
concur.

^[2] Original Record (vol. II), p. 17.

^[3] Rollo, pp. 87-90.

^[4] TSN dated March 19, 1998, pp.
2-8.

^[5] Ibid., pp. 13-14.

^[6] OR (vol.I), pp. 116 -117.

^[7] Appellant’s Brief, p. 1;
Rollo, p. 40.

^[8] TSN dated December 10, 1997, pp.
4-7.

^[9] Ibid., pp. 7-9.

^[10] People vs. Peñero, 276 SCRA 564
(1997).

^[11] People vs. Sagucio, 277 SCRA 183
(1997).

^[12] People vs. Cañada, 253
SCRA 277 (1996).

^[13] Ibid.

^[14] People vs. Pardillo, Jr., 282
SCRA 286 (1997).

^[15] People vs. Lo-ar, 280 SCRA 207
(1997).

^[16] Ibid.

^[17] People vs. Garcia, 281
SCRA 465 (1997).

^[18] 294 SCRA 352 (1998).

^[19] People vs. Erese, 281 SCRA 316
(1997).

^[20] People vs. Betonio, 279 SCRA 532
(1997).

^[21] People vs. Laray, 253 SCRA
654 (1996).

^[22] People vs. Perez, 307 SCRA 276
(1999).