G.R. Nos. 141724-27 November 12, said Jessica C.
Castro, a minor, under 12
2003 years of age, against her will.
PEOPLE OF THE PHILIPPINES, Appellee, CONTRARY TO LAW.
vs.
ARNULFO ORANDE y CHAVEZ, Appellant. In Criminal Case No. 97-159186 -
DECISION That on or about March 12, 1995, in the City
of Manila, Philippines, the said accused did
CORONA, J.: then and there willfully, unlawfully and
feloniously, by means of force and
This is an appeal from the decision of the
1 intimidation, that is, by threatening Jessica
Regional Trial Court of Manila, Branch 18, in Castro y de la Cruz of death should she resist
Criminal Case Nos. 97-159184, 97-159185, or report the matter to anybody, had carnal
97-159186 and 97-159187, convicting knowledge of said Jessica C. Castro, a minor,
appellant for two counts of simple rape, one under 12 years of age, against her will.
count of statutory rape and one count of
frustrated rape, and sentencing him to suffer CONTRARY TO LAW.
three counts of reclusion perpetua for the
simple and statutory rapes, and an In Criminal Case No. 97-159187-
indeterminate penalty of 8 years to 14 years
and 8 months of imprisonment for the That on or about November 17, 1996, in the
frustrated rape. City of Manila, Philippines, the said accused
did then and there willfully, unlawfully and
Complainant Jessica Castro charged feloniously, by means of force and
appellant with raping her four times between intimidation, that is, by threatening to kill said
January 1994 and November 1996. The Jessica Castro, had carnal knowledge of the
informations filed against appellant by the City latter against her will.
Prosecutor read:
CONTRARY TO LAW. 2
In Criminal Case No. 97-159184 -
Arraigned on September 5, 1997, appellant
That on or about January 14, 1996, in the City pleaded not guilty. Thereafter, trial on the
3
of Manila, Philippines, the said accused did merits ensued. However, the trial was
then and there willfully, unlawfully and subsequently postponed for eight months as
feloniously, by means of force and Jessica was suffering from psychological and
intimidation, that is, by threatening to kill said emotional trauma from her horrifying
Jessica Castro, had carnal knowledge of the ordeal. The lower court ordered the
4
latter against her will. suspension of the trial to enable her to
undergo psychological therapy at the Child
CONTRARY TO LAW. Protection Unit of the Philippine General
Hospital. Trial resumed in November 1998
In Criminal Case No. 97-159185- with the prosecution presenting Jessica as its
first witness.
That on or about April 15, 1994, in the City of
Manila, Philippines, the said accused did then Incidentally, prior to the filing of the
and there willfully, unlawfully and feloniously, aforementioned cases, Jessica also filed a
by means of force and intimidation, that is, by criminal case against her mother, Girlie de la
threatening JESSICA CASTRO Y DE LA Cruz Castro, and the appellant for child
CRUZ of death should she resist or report the abuse.
matter to anybody, had carnal knowledge of
The evidence of the prosecution showed that Appellant reached his orgasm shortly after
appellant was the common law husband of penetrating her slightly. He stood up with
Jessica’s mother Girlie. Appellant, a pedicab semen still dripping from his penis. Apparently
driver, started living with Girlie and her three still not satisfied, he knelt down, kissed and
children sometime in 1993 in a two-storey fingered Jessica’s vagina, then mashed her
house in Paco, Manila owned by Girlie’s breasts. He only stopped what he was doing
mother. They occupied a room on the ground when someone knocked at the door.
floor which served as their bedroom, kitchen Appellant and Jessica hurriedly put on their
and living room. The adjacent room was clothes and, as appellant opened the door,
occupied by Girlie’s brother and his family Jessica went to the bathroom to wash herself.
while the room on the second floor was
occupied by Girlie’s sister and her family. The third rape, subject of Criminal Case No.
97-159184, occurred on January 14, 1996,
Girlie gave birth to two more children by when Jessica was 12 years and 6 months old.
appellant. To earn a living, Girlie sold fish at She arrived from school at around 11:00 a.m.
the Paco Market, buying her stock from the While she was changing her clothes,
Navotas fish market late at night and appellant ordered Jessica’s brother and sister
sometimes in the early hours of the morning. to visit their mother at the Paco Market and
sent his children to play outside the house.
The first incident of rape, subject of Criminal When appellant and Jessica were alone, he
Case No. 97-159185, happened sometime in removed his pants, got his knife and ordered
April 1994 when Girlie was at the fish market. her to undress. Since she was afraid, Jessica
Appellant was left in the house with Jessica, was forced to remove her clothes. Appellant
her siblings and appellant’s two children with then told her they would do what they did
Girlie. Jessica was then watching television before, pulled her towards him and made her
while her brothers and sisters were sleeping lie down on the floor. While holding the knife,
beside her. Appellant grabbed Jessica’s right he kissed and fingered her vagina, then
hand and lasciviously jabbed her palm with mashed her breasts. Thereafter, he placed
his finger. He ordered her to undress which himself on top of her, partially penetrated her
she obeyed out of fear as appellant was until he ejaculated. When Jessica’s brother
armed with a knife. Appellant then removed and sister arrived, appellant hurriedly put on
his pants, placed himself on top of his clothes. Jessica did the same. She then
complainant and succeeded in partially went to the bathroom to wash herself and
penetrating her. Jessica felt pain in her vagina change her bloodstained underwear.
and saw it smeared with blood and semen.
She tried to leave the room but appellant The last rape, subject of Criminal Case No.
locked the door and threatened to kill her if 97-159187, occurred sometime in November
she told her mother what happened. Jessica 1996, at around 11:00 p.m. Girlie was again in
was then only nine years and four months old, the public market while Jessica was at home
having been born on December 19, 1983. 5
with her siblings who were all asleep.
Appellant told Jessica that they would again
The second rape, subject of Criminal Case do what they did before but she refused,
No. 97-159186, occurred on March 14, 1995 saying that she might get pregnant. Appellant
at around 11:00 a.m. when Jessica was 11 brandished his balisong and threatened to kill
years and 3 months old. Girlie was in the her. He then covered himself and Jessica with
market while Jessica and her siblings were left a blanket, removed his pants and her shorts,
in the house watching television. Soon after, and placed himself on top of her. His penis
appellant arrived and sent the children, except slightly penetrated her vagina. He mashed her
Jessica, to play outside. Left alone with breasts, inserted his finger into her vagina and
Jessica, appellant removed his clothes, pulled kissed it. Jessica pushed him away and told
out a balisong and ordered Jessica to him she wanted to sleep. Then she put on her
undress. He then held her by the shoulder shorts. Appellant also put on his pants and
and made her lie down. Then he mounted her. told Jessica not to tell her mother what he did
to her. He assured her that she would not get impossible for Jessica’s siblings not to wake
pregnant because she was not yet up during the commission of the crime.
menstruating. Appellant further contended that Jessica’s
failure to cry out for help, knowing that her
Sometime in March 1997, a teacher of mother’s relatives were in the same house,
Jessica, Mrs. Adoracion Mojica, noticed the made her story of rape unbelievable.
unusual treatment of Jessica by appellant.
When confronted by Mrs. Mojica, Jessica The trial court gave credence to the testimony
admitted that appellant had raped her several of Jessica and convicted the appellant:
times. Mrs. Mojica called up Jessica’s aunt,
Mrs. Antonina de la Cruz, and narrated to her WHEREFORE, in Criminal Case No. 97-
what Jessica had confessed. Mrs. De la Cruz 159184, Accused Arnulfo Orande y Chavez is
then accompanied Jessica to the police convicted of simple rape under Article 335 of
station to file a complaint and to the Philippine the Revised Penal Code and sentenced to
General Hospital (PGH), Child Protection Unit, suffer the penalty of reclusion perpetua with
to be examined. Dr. Bernadette J. Madrid, all the accessory penalties provided by law.
Director of the Child Protection Unit, examined
Jessica and the findings revealed the In Criminal Case No. 97-159185, the accused
following: is also convicted of simple rape under Article
335 of the Revised Penal Code and
Genital Examination: sentenced to suffer the penalty of reclusion
perpetua with all the accessory penalties
Hymen: Estrogenized, provided by law.
Attenuated from 1 o’clock position to 4 In Criminal Case No. 97-159186, the accused
o’ clock position is likewise convicted of statutory rape under
Article 335 of the Revised Penal Code and
and from 6 o’ clock to 12 o’ clock sentenced to suffer the penalty of reclusion
position perpetua with all the accessory penalties
provided by law.
Notch at 5 o’clock
In Criminal Case No. 97-159187, the accused
Healed hymenal tear at the 6 o’ clock is convicted of frustrated rape under Article
position 335 of the Revised Penal Code and
sentenced to suffer the indeterminate penalty
of 8 years of prision mayor as minimum to 14
Anus: Normal rectal tone, no
years and 8 months of reclusion temporal as
pigmentation, no scars, normal rugae 6
maximum, and to pay the costs.
For his defense, appellant advanced denial
On the civil liability of the accused in the four
and alibi. He denied ever raping Jessica and
cases, he is ordered to pay the victim, Jessica
testified that, during the alleged second rape
Castro, moral, nominal and exemplary
incident, he was driving his pedicab. His live-
damages in the respective sums of
in partner Girlie testified that, during the
P400,000.00, P200,000.00 and P100,000.00.
purported first and second incidents of rape,
appellant was with her to buy fish in Navotas
and sell them in Paco market. Appellant SO ORDERED. 7
argued that since Jessica disapproved of his
relationship with her mother, she had the In this appeal, appellant assigns the following
motive to falsely accuse him of raping her. errors:
Further, he pointed out the improbability of the
alleged first and fourth incidents of rape I. THE COURT A QUO GRAVELY
inasmuch as the make-up of the room made it ERRED IN FINDING THE ACCUSED-
APPELLANT GUILTY BEYOND were other than a fervent desire to seek
REASONABLE DOUBT OF ONE justice.
11
COUNT OF STATUTORY RAPE,
ONE COUNT OF FRUSTRATED We do not subscribe to appellant’s theory that
RAPE AND TWO COUNTS OF the filing of the rape charges was motivated
SIMPLE RAPE. by Jessica’s dislike for him. To charge
appellant with rape for the sole purpose of
II. THE COURT A QUO GRAVELY exacting revenge, as appellant implies in his
ERRED IN CONVICTING THE brief, takes a certain kind of psychiatric
ACCUSED-APPELLANT OF depravity which this Court does not see in
FRUSTRATED RAPE DESPITE THE Jessica. The fact that Jessica had to undergo
FACT THAT UNDER PREVAILING psychological treatment after her first
12
JURISPRUDENCE THERE IS NO testimony in February 1998 belies appellant’s
SUCH CRIME. 8
defense. The need for such counseling came
about after the defilement she suffered in the
The Office of the Solicitor General argues that hands of appellant. In fact, it was the incidents
appellant’s convictions should be upheld as of rape that caused her psychological and
the prosecution was able to prove his guilt emotional imbalance which required therapy
beyond reasonable doubt. at the Child Protection Unit of the Philippine
General Hospital.
The appeal is partly meritorious. This Court
finds that the prosecution was able to prove The alleged inconsistencies and
beyond reasonable doubt appellant’s guilt for improbabilities in Jessica’s testimony did not
two counts of statutory rape and two counts of discredit her nor reveal any fabrication.
simple rape, there being no such crime as Inconsistencies regarding minor details were
frustrated rape in this jurisdiction. attributable to the fact that she was recalling
details of incidents that happened three years
After a thorough review of the records, we find before, not to mention the fact that these
no reason to deviate from the well-established details pertained to something she had very
rule that the credibility of witnesses is a matter little knowledge of, being then only nine years
best assessed by the trial court because of its and three months old when the first rape was
unique opportunity to observe them firsthand committed. We have consistently ruled that
and to note their demeanor, conduct and errorless recollection of a harrowing
attitude. In the present case, the trial court
9 experience cannot be expected of a witness
found Jessica’s testimony convincing, logical (a very young one at that) specially when she
and credible. Moreover, the court a quo: is recounting details of an occurrence so
humiliating, so painful and, in this case, so
alien as rape. 13
xxx discerned from her demeanor the intense
mental torture, embarrassment, emotional
pain and bitterness she suffered whenever Appellant makes much of the fact that two
she was asked to recall and narrate the incidents of rape happened inside the room
humiliating sexual ordeals she had gone where the other children were sleeping. This
through, and her ... desire for justice and the Court has repeatedly held that rape can be
punishment of her defiler. She was continually committed in the same room where other
in tears while testifying and the proceeding members of the family are also sleeping, in a
was interrupted several times to calm her house where there are other occupants or
down. 10 even in places which to many might appear
unlikely and high-risk venues for its
commission. 14
No young woman would allow an examination
of her private part and subject herself to the
humiliation and rigor of a public trial if the Also, the failure of Jessica to cry out for help
accusations were not true, or if her motive during the incidents in question, inspite of the
physical proximity of her relatives, or to report However, we agree with the observation of the
to them what happened, did not at all make Solicitor General that the court a quo was
her testimony improbable inasmuch as it is not referring to Criminal Case No. 97-159185, and
uncommon for a young girl of tender age to be not Criminal Case No. 97-159187, in
easily intimidated into silence and conceal for convicting appellant of frustrated rape:
sometime the violation of her honor, even by
the mildest threat to her life. Besides, Girlie,
15
The trial court convicted appellant of simple
Jessica’s mother, had a rift with her siblings rape in Criminal Case No. 97-159185.
who lived in the same house and forbade However, the factual basis thereof in the body
Jessica to socialize with them. It was likewise of the decision reads:
highly probable that the strained relations
between Jessica’s mother, uncle and aunt With regard to Criminal Case No. 97-159185,
prevented Jessica from confiding in them. the Court has gathered that sometime in April,
1994, at around 11:00 p.m., Jessica and her
In a number of cases, this Court has likewise two siblings together with the accused were in
ruled that delay, even of three years, in their house, while their mother, Girlie, was in
reporting the crime does not necessarily Navotas buying fish. Jessica was watching TV
detract from the witness’ credibility as long as in a lying position beside her two sleeping
it is satisfactorily explained. Jessica was
16
siblings, when the accused held Jessica’s
threatened by appellant that he would kill her right hand and jabbed her palm with his finger.
mother and relatives if she reported the rape. Then he told her to remove her short pants,
A young girl like Jessica can easily be panty and T-shirt, after which the accused
mesmerized by fear of bodily harm and, unlike removed his pants and with a balisong in his
a mature woman, cannot be expected to have hand, he began kissing the sensitive parts of
the courage or confidence to immediately her body. Then he placed himself on top of
report a sexual assault on her, specially when her and tried to have sexual intercourse with
a death threat hangs over her head. 17
her. He succeeded in nudging her sex organ
with the tip of his penis, but was unable to
In view of the credible testimony of Jessica, accomplish penetration, due to the resistance
appellant’s defenses of denial and alibi offered by her by struggling and kicking him.
deserve no consideration. These weak Nonetheless, the accused had orgasm and
defenses cannot stand against the positive Jessica’s sex organ was smeared with his
identification and categorical testimony of a semen. (emphasis supplied, p. 2, Decision)
rape victim.18
Such was the only rape incident where the
The court a quo convicted appellant of one trial court concluded there was no penetration.
count of frustrated rape in Criminal Case No.
97-151987, the dispositive portion of which On the other hand, the factual basis for the
read: conviction in Criminal Case No. 97-159187 in
the body of the trial court’s decision reads:
x x x x x x x x x
Anent Criminal Case No. 97-159187, the
In Criminal Case No. 97-159187, the accused records further show that in November, 1996,
is convicted of frustrated rape under Article at around 11:00 p.m., Jessica was watching
335 of the Revised Penal Code and TV while the other siblings were asleep and
sentenced to suffer the indeterminate penalty her mother was away, when accused again
of 8 years of prision mayor as minimum, and made sexual advances to her. She resisted
to pay the costs. and told accused she might become pregnant,
but the accused persisted and threatened to
x x x x x x x x x kill her at that very moment if she would not
submit to his lust. As in the previous
SO ORDERED. 19 occasions, he again succeeded in having
carnal knowledge of the helpless and scared Clearly, in the crime of rape, from the moment
victim. After her defilement, the victim the offender has carnal knowledge of his
continually cried and the accused tried to calm victim, he actually attains his purpose and,
her down by assuring her that she would not from that moment also all the essential
be impregnated, because she has not yet elements of the offense have been
began to have menstruation (p. 3, Decision) accomplished. Nothing more is left to be done
by the offender, because he has performed
Consequently the conviction for frustrated the last act necessary to produce the crime.
rape should pertain to the incident in April Thus, the felony is consummated. In a long
1994 described in Criminal Case No. 97- line of cases (People vs. Oscar, 48 Phil. 527;
159185 and not Criminal Case No. 97-159187 People vs. Hernandez, 49 Phil. 980; People
since this case refers to the November 1996 vs. Royeras, G.R. No. L-31886, April 29,
rape incident where the findings of the trial 1974, 56 SCRA 666; People vs. Amores, G.R.
court was that there was carnal knowledge. 20 No. L-32996, August 21, 1974, 58 SCRA
505), We have set the uniform rule that for the
Moreover, the oversight of the court a quo in consummation of rape, perfect penetration is
interchanging Criminal Case Nos. 97-159185 not essential. Any penetration of the female
and 97-159187 is further evidenced by the organ by the male organ is sufficient. Entry of
following paragraph found in page four of the the labia or lips of the female organ, without
trial court decision: rupture of the hymen or laceration of the
vagina is sufficient to warrant conviction.
Necessarily, rape is attempted if there is no
In Criminal Case 97-159185 and 97-159184,
penetration of the female organ (People vs.
the acts of the accused in having carnal
Tayaba, 62 Phil. 559; People vs. Rabadan, et
knowledge of the victim by intimidation on two
al., 53 Phil. 694; United States vs. Garcia, 9
separate occasions in [the] early or middle
Phil. 434) because not all acts of execution
part [of] 1996, and in November of the same
was performed. The offender merely
year, constitute two separate crimes of
commenced the commission of a felony
qualified rape under R.A. 7659 and the
directly by overt acts. Taking into account the
penalty prescribed therefore is death by lethal
nature, elements and manner of execution of
injection. (Emphasis Ours)
21
the crime of rape and jurisprudence on the
matter, it is hardly conceivable how the
The rape incidents which occurred in 1996 frustrated stage in rape can ever be
were designated as Criminal Case Nos. 97- committed.
159184 and 97-159187, as borne out by the
informations filed by the City
Of course, We are aware of our earlier
Prosecutor. Thus, the conviction for frustrated
22
pronouncement in the case of People vs.
rape should pertain to Criminal Case No. 97-
Eriñia, 50 Phil. 998 [1927] where We found
159185 and not Criminal Case No. 97-
the offender guilty of frustrated rape there
159187.
being no conclusive evidence of penetration
of the genital organ of the offended party.
Regarding Criminal Case No. 97-159185 (the However, it appears that this is a ‘stray’
April 1994 rape incident), the Court sustains decision inasmuch as it has not been
appellant’s contention that there is no such reiterated in Our subsequent decisions.
crime as frustrated rape, as we have ruled in a Likewise, We are aware of Article 335 of the
long line of cases. Recently, in People vs.
23
Revised Penal Code, as amended by
Quinanola, we again reiterated the rule:
24
Republic Act No. 2632 (dated September 12,
1960) and Republic Act No. 4111 (dated
Let it be said once again that, as the Revised March 29, 1965) which provides, in its
Penal Code presently so stands, there is no penultimate paragraph, for the penalty of
such crime as frustrated rape. In People vs. death when the rape is attempted or frustrated
Orita, the Court has explicitly pronounced: and a homicide is committed by reason or on
the occasion thereof. We are of the opinion
that this particular provision on frustrated rape Pursuant to Section 11 of RA 7659 or the
is a dead provision. The Eriñia case, supra, Heinous Crimes Law, the penalty of death is
might have prompted the law-making body to imposed if rape is committed when the victim
include the crime of frustrated rape in the is under 18 years of age and the offender is
amendments introduced by said laws. the common-law spouse of the parent of the
victim. However, the trial court was correct in
The Court is not unaware that Republic Act not imposing the death penalty in Criminal
No. 7659, amending Article 335 of the Case Nos. 97-159184 and 97-159187
Revised Penal Code, has retained the because the qualifying circumstances of age
provision penalizing with reclusion perpetua to and relationship of the victim to the appellant
death an accused who commits homicide by were not alleged in the information. Thus,
29
reason or on the occasion of an attempted or appellant can only be convicted of simple rape
frustrated rape. Until Congress sees it fit to punishable by reclusion perpetua under
define the term frustrated rape and thereby Article 335 of the Revised Penal Code.
penalize it, the Court will see its continued However, in Criminal Case Nos. 97-159185
usage in the statute book as being merely a and 97-159186, the appellant can be
persistent lapse in language. (emphasis ours) convicted of statutory rape also punishable by
reclusion perpetua under Article 335 of the
Thus, it was error for the trial court to convict Revised Penal Code inasmuch as the age of
appellant of frustrated rape. Besides, after a Jessica was alleged in the information and 30
careful review of the records, we find that the duly proven during the trial by the
rape was in fact consummated. Jessica presentation of her birth certificate.
31
initially testified that, although appellant did
not succeed in inserting his penis in her We award moral damages of P50,000 for
vagina, she felt his sex organ touch hers and each count of rape as moral damages are
she saw and felt semen come out of his penis automatically awarded to rape victims without
and smear her vagina. In response to the
25 need of pleading or proof. We also award civil
32
clarificatory questions asked by the indemnity ex delicto of P50,000 for each count
prosecutor, Jessica testified that the appellant of rape in the light of the ruling that civil
was able to slightly penetrate her because indemnity, which is distinct from moral
she felt pain and her vagina bled. It has been
26 damages, is mandatory upon the finding of
held that, to be convicted of rape, there must the fact of rape. We likewise award
33
be convincing and sufficient proof that the exemplary damages of P25,000 for each
penis indeed touched the labia or slid into the count of rape consistent with the prevailing
female organ, and not merely stroked the jurisprudence on the matter. 34
external surface thereof. Nevertheless, we
27
have also ruled in cases where penetration is WHEREFORE, the decision of the Regional
not established that the rape is deemed Trial Court of Manila, Branch 18, in Criminal
consummated if the victim felt pain, or the Case Nos. 97-159 184 to 87 is AFFIRMED
medico-legal examination finds discoloration with the following MODIFICATIONS:
in the inner lips of the vagina, or the labia
minora is already gaping with redness, or the 1. In Criminal Case No. 97-159 184,
hymenal tags are no longer visible. In the28
appellant is convicted of simple rape
present case, the victim testified that she felt under Article 335 of the Revised Penal
pain and her vagina bled, indisputable Code and sentenced to suffer the
indications of slight penetration or, at the very penalty of reclusion perpetua.
least, that the penis indeed touched the labia
and not merely stroked the external surface 2. In Criminal Case No. 97-159 185,
thereof. Thus, the appellant should be found appellant is convicted of statutory rape
guilty of (consummated) rape and not merely under Article 335 of the Revised Penal
frustrated or attempted rape. Code and sentenced to suffer the
penalty of reclusion perpetua.
3. In Criminal Case No. 97-159186,
appellant is convicted of statutory rape
under Article 335 of the Revised Penal
Code and sentenced to suffer the
penalty of reclusion perpetua.
4. In Criminal Case No. 97-159187,
appellant is convicted of simple rape
under Article 335 of the Revised Penal
Code and sentenced to suffer the
penalty of reclusion perpetua.
For each count of rape, appellant is ordered to
pay complainant Jessica Castro P50,000 as
moral damages, P50,000 as civil indemnity
and P25,000 as exemplary damages, or a
total of P500,000. Costs against appellant.
SO ORDERED.
