Case Digest (G.R. No. L-14947)
Facts:
In the case of People of the Philippines vs. Marlon Lerio @ Roman, the accused-appellant, Marlon Lerio, was convicted of statutory rape by the Regional Trial Court of Tayug, Pangasinan, Branch 51, on July 7, 1994. At the time of the incident, on January 22, 1992, Lerio was a 19-year-old single farmer residing in San Macario Norte, Natividad, Pangasinan. The victim was Jennifer M. Soriano, an 11-year-old grade five student. On the evening in question, Jennifer was en route to watch television at her neighbor's house when Marlon Lerio intercepted her, forcibly covered her mouth to prevent her from calling for help, and carried her to a nearby pile of dried cogon grass. Despite her attempts to resist, Lerio overpowered her and sexually assaulted her.
After the assault, Jennifer ran away, carrying her underwear with her, and reported the incident to her father, Arsenio Soriano. The barangay captain, Floro Volante, was notified and subsequently investigated the scene, observing
Case Digest (G.R. No. L-14947)
Facts:
- General Information
- Appellant: Marlon Lerio (also known as Roman), a 19-year-old, single farmer from San Macario Norte, Natividad, Pangasinan.
- Victim: Jennifer M. Soriano, an 11-year-old grade five student.
- Charged Crime: Statutory rape under Article 335, No. 3 of the Revised Penal Code.
- Incident Date and Place: January 22, 1992, in the evening at Barangay San Macario Norte, Natividad, Pangasinan, specifically along piles of dried cogon.
- Sequence of Events and Prosecution’s Account
- At approximately 7:15 p.m. on January 22, 1992, Jennifer Soriano, while on her way to watch television at the house of Apong Belen Casandig, was intercepted.
- Appellant Lerio grabbed the minor, covered her mouth so that she could not call for help, and forcibly carried her toward a location where piles of dried cogon were present.
- Despite her struggles to free herself, the victim was subdued.
- Appellant’s actions after subduing her:
- He laid her down on the dried cogon and proceeded to remove her underwear.
- He then positioned himself on top of her and sexually assaulted her, inflicting what she later described as pain felt “at the center.”
- When the victim’s parents called her name, the appellant released her; she ran away carrying her underwear.
- Supporting Testimonies and Physical Evidence:
- Barangay Captain Floro B. Volante testified that he was informed by Arsenio Soriano, the victim’s father, and subsequently visited the crime scene where disarranged piles of cogon and a headband belonging to the victim were found.
- Estrelita M. Soriano, the victim’s mother, testified that upon examining her daughter, she found evidence such as reddish discoloration of the private parts and traces of seminal fluid.
- Dr. Perfecto Tebangin, the Rural Health Officer, conducted a medical examination 14 days after the incident; although the victim reported being raped, he observed that her hymen was intact and found no scratches, scars, or hematoma.
- Formal Charging and Trial Process:
- On June 10, 1992, appellant was charged in an Information filed on the verified complaint of Estrelita M. Soriano.
- The charge alleged that on or about January 22, 1992, using force and intimidation, the appellant had carnal knowledge of an 11-year-old minor against her will.
- During arraignment, the appellant pleaded not guilty.
- At trial, the prosecution presented four witnesses:
- Barangay Captain Floro B. Volante.
- Estrelita M. Soriano, the victim’s mother.
- Jennifer M. Soriano, the victim.
- Dr. Perfecto B. Tebangin, Municipal Health Officer.
- For the defense, the appellant was the sole witness; he claimed:
- On the night of the incident, he was at his grandfather’s house watching television.
- He left the house to urinate and, on his return, met the victim near her house.
- He invited her to get some akomiksa from his uncle’s home, during which he held her hand and gave her a kiss on the lips—but denied engaging in any further sexual activity.
- He argued that the charge was filed as a result of the victim’s parents being infuriated upon learning about the kiss.
- Evidentiary Presentation and Trial Court Decision
- The trial court, after considering the testimonies and evidence presented, found the victim’s testimony credible and unequivocal.
- Despite the defense’s argument and the medical report that indicated an intact hymen, the court noted:
- The absence of vaginal lacerations or rupture of the hymen does not negate the occurrence of rape.
- The medical examination, done 14 days after the incident, was merely corroborative.
- On July 7, 1994, the trial court rendered its decision:
- The appellant was found guilty of statutory rape.
- He was sentenced to suffer the penalty of reclusion perpetua along with accessory penalties (civil interdiction for life and perpetual absolute disqualification).
- The appellant was ordered to pay P50,000.00 as indemnity and another P50,000.00 as moral damages to the victim.
- Grounds for Appeal
- The appellant argued:
- That the trial court erred in giving full credence to the prosecution witnesses’ testimonies, which he labeled as highly incredible, inconsistent, and unreliable.
- That the court disregarded the medical certificate issued by Dr. Tebangin.
- That his defense, including his denial and alibi, should have been given more weight.
- He maintained that even if some form of sexual contact occurred, it did not amount to consummation of the act due to the victim’s constant resistance.
- Prosecution’s Rejoinder and Overall Evidentiary Context
- The Office of the Solicitor General (OSG) argued that:
- The credibility of the victim and her witnesses is strongly supported by their consistent and unequivocal testimonies.
- The fact that the victim and her family willingly went through the ordeal of a public trial supports the truthfulness of the allegations.
- Jurisprudence clearly states that rape may be committed even without vaginal lacerations or a ruptured hymen.
- The appellate court indicated that the findings on the credibility of witnesses merit great respect and are not subject to disturbance unless there is a palpable error or grave abuse of discretion.
Issues:
- Credibility of the Prosecution Witnesses
- Whether the victim’s and her family’s testimonies were sufficiently credible and reliable to support a conviction.
- Whether the trial court erred in giving full credence to these testimonies despite differing medical findings.
- Probative Value of the Medical Certificate
- The significance and weight of the medical examination conducted 14 days after the incident, which reported an intact hymen.
- Whether reliance on the medical certificate should have altered the reconstruction of the events as testified.
- Sufficiency of Evidence to Convict Beyond Reasonable Doubt
- Whether the prosecution proved statutory rape against the appellant beyond a reasonable doubt, considering the conflicting accounts.
- Whether the appellant’s defense of denial and an alibi was effectively countered by the positive identification and consistent testimonies of the prosecution witnesses.
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)