Title
People vs. Eduardo Navarette, Jr. y Nato
Case
G.R. No. 191365
Decision Date
Feb 22, 2012
Navarette was found guilty of raping his first cousin, AAA, twice when she was underage. The courts affirmed his conviction based on her credible testimony despite defense claims of fabrication.
rape
statutory rape
credibility of witness
A

Case Summary (G.R. No. 191365)

Factual Background

AAA testified that she was raped twice by appellant, first in 1994 when she was eight (8) years old, and again in 1996 when she was ten (10) years old. She related that on both occasions she went to appellants house to play with appellants brother Emerson. According to her account, appellant suggested that she look for Emerson upstairs. AAA then went to the second floor. Appellant followed her, pulled her toward a room, forced her to the floor, and undressed her. In 1994, appellant attempted to insert his penis into AAA’s vagina, but it only touched her vagina because it allegedly “did not fit” and complete penetration did not occur. In 1996, however, appellant was able to insert his penis and there was complete penetration, which AAA described as painful.

AAA further stated that she did not report the first rape until three (3) years later because appellant threatened to kill AAA’s parents and sister if she told anyone. She also testified that she was later compelled to reveal the incident to her parents because her sister was being sexually harassed by appellant.

BBB corroborated that in 1999 AAA told her that she was raped in the years 1994 and 1996. BBB explained that she did not immediately tell her husband due to fear and shame. She testified that when appellant allegedly attempted to sexually abuse AAA in 2002, she finally informed her husband.

The medico-legal aspect was addressed by Dr. Ida C. De Perio-Daniel (Dr. Perio-Daniel) of the National Bureau of Investigation (NBI), who examined AAA and prepared findings contained in Living Case No. MG-02-17. The report reflected that there were no evident extragenital physical injuries at the time of examination, but it recorded a healed hymenal laceration. Dr. Perio-Daniel could not definitively determine whether AAA was raped because of the lapse of time between the alleged commission and the physical examination.

The Charges and Appellant’s Version

On 11 June 2002, appellant was charged in two Informations for rape. In Criminal Case No. 10680-03, he was alleged to have had sexual intercourse with AAA, then eight (8) years old, in 1994. In Criminal Case No. 10681-03, he was alleged to have had sexual intercourse with AAA, then ten (10) years old, in 1996. Both informations alleged lewd designs and sexual intercourse “by means of threat, force and intimidation,” and were based on AAA’s age and appellant’s purported carnality.

Appellant pleaded not guilty. At trial, he claimed that AAA falsely charged him because Dominador allegedly wanted to dismiss a murder case against him in exchange for dismissal of the rape case. Appellant’s testimony was supported by Lualhati Navarette (Lualhati), who testified that Dominador planned to file a case against appellant as leverage related to the murder case. Lualhati further testified that Dominador passed away sometime in 2002.

AAA’s cross-examination testimony disclosed that appellants brother Eleazar was killed by Dominador, and AAA admitted that her father killed Eleazar because Eleazar allegedly raped her too. The prosecution evidence also indicated that after the murder case was filed against Dominador, appellant was charged with rape by AAA.

Trial Court Proceedings

The RTC rendered judgment on 6 March 2008, finding appellant guilty beyond reasonable doubt of rape in both cases. The dispositive portion sentenced appellant to reclusion perpetua in each case. The RTC also ordered payment of civil indemnity of P75,000.00 and moral damages of P75,000.00, plus exemplary damages of P25,000.00 for each conviction. The RTC deducted the period of detention pending trial from the sentence to be served.

The RTC credited AAA’s testimony as categorical, straightforward, and candid. It relied on doctrines in rape cases, particularly the principle that the victim’s testimony, if credible and consistent, can sustain a conviction even in the absence of corroborating evidence.

Appellate Review and Issues Raised

On appeal, the Court of Appeals affirmed appellant’s conviction for rape but modified the award of exemplary damages, increasing it from P25,000.00 to P30,000.00.

In his brief before the Supreme Court, appellant challenged AAA’s testimony by arguing that she should have remembered the month when she was raped given the traumatic experience. He also questioned why AAA returned to appellants house despite being raped in the first incident. Appellant argued that BBB’s delayed filing of the case by another three years confirmed fabrication to create leverage against the pending murder case involving Dominador.

The Office of the Solicitor General (OSG) maintained that exact recall of the months was not necessary to prove guilt beyond reasonable doubt. The OSG asserted that AAA’s inability to recall did not affect her credibility and that her return to the house could not be used against her because trauma can affect a victim’s mental disposition. The OSG further contended that appellant’s threats explained the delay in reporting. Lastly, it rejected appellant’s leverage theory for lack of substantiation.

The primary issue before the Supreme Court was whether appellant’s guilt had been proven beyond reasonable doubt.

Appellants Claims of Improbabilities and the Courts Assessment of Credibility

The Supreme Court reiterated that rape cases are commonly proven through the testimony of the complaining witness, since ordinarily only the complainant and the accused are privy to the offense. It also stressed that the trial courts assessment of a rape victims credibility is generally respected and not disturbed on appeal, especially when affirmed by the appellate court, unless exceptional circumstances show arbitrary evaluation, misapprehension of facts, or misapplication of substantial circumstances.

After reviewing the record, the Court found no sufficient justification to apply an exception. It noted that AAA consistently narrated that the first rape occurred in 1994, when appellant attempted penetration, and that the second rape occurred in 1996, when complete penetration was accomplished. The Court emphasized that AAA did not waver despite rigorous cross-examination. It also found that her testimony corresponded with her sworn statement previously executed on 15 January 2002. In that statement, AAA told the NBI Special Investigator that in the years 1994 and 1996 she went to appellants house to play with appellants brother, was dragged into a room in both instances, was undressed and forced to the floor, and appellant laid on top of her and inserted his penis into her vagina.

On appellants attack that AAA failed to recall the dates, the Court applied the doctrinal rule that the date or time of commission is not a material ingredient of rape because the gravamen is carnal knowledge through force and intimidation. It held that, in statutory rape, what matters is that the information alleges that the victim was a minor under twelve and that the accused had carnal knowledge, even if the evidence establishes that force or intimidation was used or that deprivation of reason was not independently established as an element. Here, the informations alleged the years of commission as well as the victim’s age, and the Court held that the more pertinent allegations relating to carnality and age were adequately proved.

The Court also addressed the purported improbability that AAA returned to appellants house despite the alleged first rape. It upheld the Court of Appeals observation that there is no single standard of behavior expected from a rape victim, and that rape victims, particularly child victims, should not be expected to act like mature individuals. It cited People v. Marcos to stress the absence of a rule on how a victim should behave immediately after violation and to underscore that diversity in reaction does not negate credibility.

The Court further addressed the delay in reporting. It cited established doctrine that delay in reporting does not automatically undermine a rape charge when threats by the accused explain the delay. The Supreme Court held that in this case, threats were not abstract. AAA testified that appellant threatened to kill her parents and sister if she told anyone. Because AAA was only eight years old at the time of the first rape, the Court found the threat sufficient to intimidate h

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