Title
People vs. Bato
Case
G.R. No. 134939
Decision Date
Feb 16, 2000
A 9-year-old orphan was raped near her residence; despite the accused's alibi and lack of spermatozoa, the court upheld the conviction based on credible testimony and statutory rape elements. Damages were awarded.
rape
statutory rape
credibility of witnesses

Case Summary (G.R. No. 134939)

Criminal Information, Arraignment, and Entry of Pleas

On February 21, 1995, Assistant Provincial Prosecutor Benjamin A. Fadera filed the Information charging the accused with rape committed by means of force and intimidation against Delia Hernandez, who was alleged to be a minor of nine (9) years old. At the arraignment on March 29, 1995, the accused pleaded not guilty, and the case proceeded to trial.

Factual Background of the Alleged Rape

The prosecution presented Delia Hernandez, who was one of the wards at the Shepherd of the Hills Compound in Brgy. Burgos, San Antonio, Zambales. The compound served as a home for orphans and street children. The accused’s property was near the compound, bordered by a one-meter high wooden fence, and was situated about five (5) meters away across a narrow street.

At about 3:00 p.m. on October 5, 1994, Delia was at the piggery house within the compound feeding pigs with her friends Rosenda and Jelyn. The accused, who was near the wooden fence, called Delia, who then climbed the fence. Delia testified that the accused proposed, in her own words, “na magdikitan kami.” The accused led Delia to a grassy place at the back of his house. There, he removed his clothes, undressed her, laid on top of her, kissed and embraced her, and inserted his penis into her vagina, causing her much pain. Delia stated that the accused threatened her not to shout and promised to give her P10.00 and guava fruits later. After satisfying his lust, which Delia said lasted for a few minutes, the accused helped her dress and then they both walked away.

The prosecution also presented Maryjane Olympia, a friend and co-ward of Delia, who testified that while she searched for Delia at around 3:10 p.m., she saw Delia and the accused inside the accused’s property. Delia was crying while the accused tried to pacify her. Maryjane brought Delia back to the compound. Shortly thereafter, compound staff members milled around Delia as she narrated what had happened. They observed that Delia’s dress and underwear were soiled and that her private part was reddish. Delia was brought to San Marcelino District Hospital for medical examination.

Medical Findings

Dr. Ferdinand M. Llanes, Delia’s attending physician, prepared the Medico-Legal Certificate. It reported that Delia’s vagina showed lacerations at the three o’clock and six o’clock positions and abrasion in the labia minora. The tests yielded negative results for the presence of spermatozoa.

Defense Evidence: Denial and Alibi

The accused raised an alibi. He claimed that the lot near the compound was not his property but belonged to his brother Ricardo Bato. He testified that on October 5, 1994, around 3:00 p.m., he was resting in his own house near the barangay plaza, about one half (1/2) kilometer away from the compound. He claimed that he was at his brother’s lot only from 6:30 a.m. to 11:00 a.m., planting vegetables. He asserted that he frequented his brother’s property only in the morning and that in the afternoon he stayed in his own house before discharging his duties as barangay tanod on the graveyard shift.

He further said that he did not know Delia until the case was filed and that he was “framed up” because some wards in the compound had previously been caught breaking electric bulbs, stealing goats, and engaging in sexual trysts. The accused, however, could not name any of the alleged erring wards nor could he recall the dates of such incidents.

Ricardo Bato corroborated the accused’s alibi. Ricardo stated that at around 3:00 p.m. on October 5, 1994, he scolded some wards of the compound for climbing guava trees on his lot without permission. The accused’s daughter, Lea Grace Bato, likewise supported the defense by testifying on the wards’ propensity to steal fruits from her uncle’s property.

Trial Court Proceedings and Conviction

The trial court rejected the accused’s alibi. On April 17, 1998, it rendered judgment convicting the accused of rape, finding the prosecution evidence convincing and credible. The decision held that the accused committed statutory rape defined and penalized under paragraph 3, Article 335 of the Revised Penal Code, as amended by Section 11, R.A. 7659, and sentenced him to suffer reclusion perpetua.

Issues Raised on Appeal

On appeal, the accused claimed that the trial court erred in two main respects: first, in giving weight to and crediting the testimony of the prosecution witnesses; and second, in disregarding his defenses of denial and alibi.

Arguments on Credibility and Alleged Inconsistencies

The accused attacked the prosecution witnesses’ credibility by pointing to perceived inconsistencies. Maryjane Olympia and Myrna Ballatan testified that Ricardo Bato’s property and the compound were separated only by a fence, yet an ocular inspection allegedly showed that a lot owned by Rodolfo Mata lay between the properties. The accused also pointed to differences regarding where Delia was at the time of the accused’s calling. Delia testified that she was within the compound premises when the accused called her, while Maryjane testified that Delia was already inside Ricardo’s property when the accused called her. Another inconsistency was the timing of crying: Maryjane said Delia was crying when she saw Delia and the accused, but Delia did not mention that she cried after the rape. The accused also emphasized that no spermatozoa was found in Delia’s hymen. Finally, he asserted that it was difficult to commit rape in the presence of three other men inside Ricardo’s property.

The Court held that these perceived contradictions related to minor matters and collateral details that did not impair the substance of the prosecution’s narration or the positive identification of the assailant. It noted the settled rule that inconsistencies on minor details do not necessarily affect veracity where there is no inconsistency on the principal occurrence and the identity of the perpetrator. It further explained that the failure of Delia, a child of tender age, to recall all details could indicate spontaneity rather than fabrication, and it underscored that total recall is not expected from a rape victim, particularly a young child unaccustomed to court proceedings.

Evidentiary Effect of the Absence of Spermatozoa

The Court rejected the contention that the absence of spermatozoa was fatal to the prosecution. It held that in rape cases, the presence or absence of spermatozoa is immaterial, because the core element is not emission of semen but unlawful penetration of the female genitalia by the male organ.

Presence of Other People and the Commission of Rape

The Court also rejected the argument that rape could not have been committed because three other men were allegedly present inside Ricardo’s property. It held that there is no rule requiring rape to be committed in seclusion. Rape may be committed in places where people congregate and even where others are present within the same premises.

Treatment of Delia’s Testimony as a Credible Account

The Supreme Court sustained the trial court’s finding on credibility. It placed weight on the trial court’s advantage in observing the demeanor and conduct of the witnesses. It further reasoned that it was unnatural and highly improbable for a young girl to bring such a serious accusation, thereby risking her honor and reputation and exposing her family to public scrutiny.

The Court emphasized that Delia was only nine (9) years old. At that age, she could not be expected to fabricate with the precision and complication of a detailed sexual assault narrative. It also stressed that the willingness of an innocent child to undergo police investigation and the humiliation of public trial is eloquent proof of the truth of the complaint. It reiterated that the testimony of rape victims of tender age demands full credence, explaining that youth and immaturity are generally badges of truth and sincerity, and that credibility is further enhanced when there is no evidence suggesting a malevolent motive.

Rejection of Alibi

Given Delia’s positive identification of the accused, the Court held that the accused’s alibi could not prevail. It also found that the alibi was not physically impossible. It noted that the accused’s house, where he claimed he was resting, was only half a kilometer away from the compound. The Court reasoned that such a short distance could be negotiated within a few minutes even on foot.

It further held that the corroboration offered by Ricardo Bato and Lea Grace Bato did not strengthen the alibi sufficiently. It ruled that alibi becomes less plausible when corroborated by relatives whose motive may be suspect, and that disinterested corroboration is required.

Legal Characterization of the Crime: Statutory Rape

The Court classified the offense as statutory rape, punishable under paragraph 3 of Article 335 of the Revised Penal Code, as amended by R.A. 7659. Under the statute, rape is committed when the accused has carnal knowledge of a woman under circumstances including where the woman is under twelve years of age or is demented. Since Delia was nine years old, the Court held that proof of force and consent was immaterial. It reiterated that the elements of statutory rape are: (one) that the accused had carnal knowledge of a woman, and (two) that the woman was below twelve (12) years of age. It stressed that sexual congress with a girl under twelve is always rape.

Disposition: Affirmance of Conviction with Modification of Damages

The Court affirmed the conviction and sentenced the accused-appellant to reclusion perpetua, with all its accessory penalties. However, it modified the judgment regarding civil liability. While the trial court imposed the proper penalty consistent with the then prevailing law, it had erred by not awarding civil indemnity and moral damages.

The Court held that civil indemnity of P50,000.00 was mandatory upon the finding of rape. It also awarded moral damages of P50,000.00, stating

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