Facts:
People of the Philippines charged
Jesus Tito Lavador with rape in two separate cases arising from sexual assaults committed against his daughter,
Noniluna Lavador Calvo, and his niece,
Cristelyn Juntilla Villena. Jesus, who had served
twenty-five (25) years in the national penitentiary for murder, was released on
5 August 1995 and returned to Danao City. During his incarceration, his wife,
Adelia Juntilla Lavador, had already been cohabiting with another man, but she resumed living with him. He later reunited with his daughter
Noniluna, who was
twenty-six (26) years old, and they reestablished their residence in Masaba, Danao City. On
15 May 1996, less than a year after their reunion, Noniluna was left in their house with her sons
Abner (eight) and
Jonathan (five), while Jesus, together with Noniluna’s mother and her two-year-old daughter
Grace, went to the Poblacion. At about
9:00 o’clock in the evening, Noniluna went to bed with her children but was awakened when she felt Jesus lying beside her. Jesus shut off the only light, embraced her, and ignored her pleas that she was his daughter, while threatening to kill her and her children if she made any noise. Noniluna recalled seeing earlier a foot-long
“flamingco” on the wall. She did not resist because of the threats. Jesus undressed her, placed himself on top of her, inserted his penis into her vagina with a push-and-pull motion, and threatened her into silence. Noniluna did not report the incident the next day. She only gathered courage on
24 June 1996 to recount the assault to
Tarciscio Delante, a social worker at the DSWD in Danao City, who brought her to the NBI for reporting and physical examination. She executed an affidavit of what occurred, and a medical certificate issued by
Dr. Tomas P. Refe (later explained by
Dr. Gil C. Makato due to Dr. Refe’s death) showed she suffered no extragenital injuries and that the hymenal orifice was
3.0 cms. in diameter, reduced to
carunculae myrtiformis due to prior delivery. Separate from Noniluna’s complaint,
Cristelyn, the daughter of Jesus’s wife’s sister
Lydia Juntilla Villena, disclosed that she also underwent sexual assault. She testified that on
9 February 1996, when she was
twelve (12) years old, Jesus went to her house at around
6:00 o’clock in the morning and asked her to accompany him to Barangay Liboron to gather vegetables. Her mother consented. Jesus carried a foot-long knife, and when they reached Barangay Santican, he unexpectedly pulled Cristelyn and threatened to kill her if she shouted, then carried her to bushes in a secluded area, ordered her to remove her pants, and removed her pants and panties when she refused. She pleaded not to do it; Jesus undressed himself, showed her his private organ, made push-and-pull motions, and inserted his penis into her vagina, with partial penetration. The assault lasted about
fifteen (15) minutes. Afterward, Jesus told her to get dressed, and the two continued to gather vegetables and returned to Masaba at around
4:00 o’clock in the afternoon. Cristelyn did not immediately report the assault due to Jesus’s threats that he would kill all family members if she revealed it. She later divulged the incident only in May 1996, after Jesus attempted again to abuse her. When Lydia Villena learned that Noniluna had also been abused and intended to file a complaint, Cristelyn and Noniluna were medically examined; Cristelyn’s medical certificate described her hymenal orifice as
1.5 cms. in diameter, distensible, and small enough to preclude complete penetration of an average sized erect penis without producing laceration. Noniluna filed her complaint for rape on
31 July 1996, and Cristelyn filed a complaint for rape assisted by her mother on
2 August 1996. The cases were docketed as Crim. Cases Nos.
DNO-1592 and
DNO-1596. Jesus denied the charges and raised
denial and alibi, claiming that on
15 May 1996 at about 9:00 in the evening he was at his sister’s house in Danao City and that the allegations were fabricated because Noniluna and her mother wanted him imprisoned to allow Jesus’s wife’s paramour to live with them. On
31 March 1999, the trial court rendered judgment finding Jesus guilty of rape in both cases and sentenced him in Crim. Case No. DNO-1592 to
reclusion perpetua, and in Crim. Case No. DNO-1596 to
death, also ordering payment of
P50,000.00 moral damages to each private complainant. Because the death penalty was imposed in DNO-1596, the case was brought to the Supreme Court for
automatic review. Jesus attacked the conviction, claiming inconsistencies in the witnesses’ testimonies and contending that he could not have committed the rape against Noniluna because her children were beside her at the time, while also arguing that the death sentence in DNO-1596 was erroneous. The Supreme Court affirmed guilt but modified the penalty in DNO-1596 due to defects in the information and adjusted damages accordingly.
Issues:
Did the trial court commit reversible error in convicting
Jesus Tito Lavador of rape in Crim. Cases Nos.
DNO-1592 and
DNO-1596 based on alleged inconsistencies and impossibility of commission, and was the
death penalty imposed in Crim. Case No.
DNO-1596 legally correct in light of the information’s allegations?
Ruling:
Ratio:
Doctrine: