Title
People vs. Venerable
Case
G.R. No. 110110
Decision Date
May 13, 1998
A man accused of raping a widow in 1991 was convicted based on her credible testimony, despite his alibi and claims of a consensual relationship. The Supreme Court upheld the conviction, emphasizing witness credibility and rejecting his defenses.
rape case
alibi defense
sweetheart theory
A

Case Digest (G.R. No. 110110)

Facts:

  • Background of the case
    • The case involved Inoferio Venerable, alias Porferio Venerable (Accused-Appellant), who was convicted of the crime of rape in Criminal Case No. 10115.
    • The complainant was Clara Angcon (Victim/Complainant).
  • Filing of the criminal complaint and information
    • A sworn complaint was filed on January 21, 1992 by 4th Assistant Provincial Prosecutor Rodrigo V. Icao, upon the sworn complaint of Clara Angcon.
    • The Information alleged that on August 11, 1991 at about 7:00 p.m. in Barangay Dobdob, Valencia, Negros Oriental, and within the jurisdiction of the court, the accused, by means of force and intimidation, had sexual knowledge with Clara Angcon against her will.
    • The Information charged the accused under Article 335 of the Revised Penal Code.
  • Arraignment and trial proceedings
    • The accused, assisted by counsel, pleaded Not Guilty upon arraignment.
    • The accused waived pre-trial, and the trial proceeded.
  • Evidence for the prosecution
    • The prosecution presented Clara Angcon and Dr. Fe L. Besario, the medico-legal officer who examined the victim.
    • Victim’s testimony as to circumstances of the rape
      • The victim testified that she was 51 years old, a widow, and a farmer, residing in Dobdob, Valencia, Negros Oriental.
      • She testified that she and her common-law husband started living in a house owned by Raymunda Buco in Dobdob in 1981.
      • She testified that the accused lived about one (1) kilometer from their house and that he had just been released from jail after being charged with hacking Charing Buko.
      • On August 11, 1991 at about 7:00 p.m., while she was alone weaving a mat, the accused arrived, called for the common-law husband Felimon, and asked for water.
      • Because she was alone, she gave the accused water.
      • The accused then asked for food; she gave him cooked rice, but he told her to set it away as there was no viand.
      • The accused asked for a match, then left.
      • About ten minutes later, the accused returned and again asked for a match; as she handed the match, he held her forearms and pushed her backward toward the kitchen at the back of the house.
      • In the kitchen, the accused wrestled her to the floor, forced her to lie face up as her head and back slumped to the floor.
      • She testified she struggled, shouted, and cried, but nobody could hear her because their neighbors were very far.
      • The accused flung a bolo strapped to his waist toward his back, placed himself on top of her, removed her panty with his left hand, unzipped his maong pants, exposing his penis, and forced his penis into her vagina while holding her neck with his right hand.
      • The victim testified that the accused performed sexual intercourse with her amidst her shouts and cries for help.
      • The victim testified that she was repeatedly sexually assaulted that evening, describing four (4) separate sexual attacks.
      • The victim testified as to the sequence:
        • First attack: about ten minutes; after it, the accused made her stand and sit on a bench.
        • Second attack: about fifteen minutes later; the accused forced her to lie down again and sexually abused her again; after about three minutes, she was made to stand and guided to a bench near the table where she had been weaving a mat.
        • On the bench, the accused placed his arms around her shoulder; she tried to remove it, prompting him to hold her wrist tightly.
        • Third attack: after about twenty minutes, the accused forced her into another sexual intercourse; by then she was very exhausted, and when made to lie down, her motion threw her unto the floor.
        • After this abuse, the accused lifted her; fourth attack occurred about thirty-five minutes later; the victim testified she pleaded to be killed because she was very exhausted.
        • The accused responded that he would not kill her because he would marry her.
        • After the fourth attack, the accused laid down on the table where she had been weaving a mat.
      • After sensing the accused had already fallen asleep, she proceeded to the second story, went to the balcony (which she testified was the only enclosed portion), locked the door, and lay down silently sobbing until she fell asleep.
      • At dawn, she noticed the accused left the house as she heard barking of dogs.
      • She slept again and woke at about seven o’clock in the morning.
    • Victim’s testimony on medical examination
      • On August 26, 1991, or about fifteen days after the rape, the victim examined herself with Dr. Fe L. Besario at the Rural Health Office of Valencia.
      • She testified that Dobdob was far from the town proper of Valencia, requiring walking several kilometers to Pamplona, then taking a ride through Dumaguete City before reaching Valencia.
      • She testified it took quite a while to be examined due to bad weather and distance.
      • She testified she feared that her assailant, who was around Dobdob, might abduct her.
    • Medical testimony of Dr. Fe L. Besario
      • Dr. Besario testified she examined the victim on August 26, 1991 at about 11:00 a.m. at the Rural Health Office of Valencia.
      • She testified that the victim claimed she was raped at about seven o’clock in the evening of August 11, 1991.
      • Dr. Besario testified that the Municipal Health Office of Valencia where she held office was very far from Dobdob and that whenever she went to Dobdob it took about twelve (12) hours of travel because some road portions had to be negotiated by walking; she said she could not estimate the distance.
      • During the examination, Dr. Besario observed a hematoma on the left arm of the victim about a half inch in diameter; she stated it was not so clear anymore.
      • Dr. Besario performed an internal examination and found that the victim’s vagina had no signs of laceration and no seminal fluids.
      • Dr. Besario testified these findings were recorded in her medico-legal logbook (Exhibit A for the prosecution and Exhibit 1 for the defense).
      • Dr. Besario declared that the logbook reflected the victim’s name (Clara Angcon), that she was 50 years old, female, widow, and a resident of Dobdob, Valencia; that the incident was on August 11, 1991 at 7:00 p.m.; and that the examination was conducted on August 26, 1991 at about 11:00 a.m.
      • Dr. Besario testified that because several days had already lapsed from the alleged rape incident, the presence of laceration and seminal fluids could no longer be expected.
  • Evidence for the defense
    • The defense presented the accused’s sister-in-law, Teresita Alabata Venerable, in addition to the...(Subscriber-Only)

Issues:

  • Credibility of the victim’s testimony
    • Whether the trial court erred in giving evidentiary weight to the victim’s testimony alleging rape.
  • Whether the defense evidence deserved exculpatory weight
    • Whether the defense’s evidence, including alibi and denial, established reasonable doubt.
    • Whether the sister-in-law’s testimony supported alibi credibly.
  • Sufficiency of proof of guilt beyond reasonable doubt
    • Whether the prosecution established guilt beyond reasonable doubt despite the absence of seminal fluids and the victim’s delayed medical examination.
  • Effect of multiplicity of acts vis-...(Subscriber-Only)

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)
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