Title
People vs. Ferrer y Molina
Case
G.R. No. 142662
Decision Date
Aug 14, 2001
Jerry Ferrer convicted of rape for using an ice-pick to intimidate and assault Catherine Vicente; Supreme Court upheld trial court's decision, sentencing him to reclusion perpetua and awarding damages.
rape
victim testimony
medical findings
A

Case Summary (G.R. No. 142662)

Factual Background

The victim testified that on August 21, 1998, at around 3:00 a.m., she left her workplace as a guest relations officer (GRO) at the Starlight Disco in Pasig Rotonda and arrived home in Swan, Taguig at about 3:30 a.m. She looked for her husband, Christopher Vicente, whom she understood would fetch her. Instead, she encountered the accused, who informed her that her husband was with another woman at his residence in Talipapa, South Pembo, Makati. Because the accused looked familiar, she agreed to walk with him to South Pembo to look for her husband.

Upon arrival at Talipapa, the victim asked the accused to look for her husband, but the accused went to the looban and returned about five minutes later wearing a different set of clothes. When she asked again about her husband, the accused claimed that the husband was instead at Blubus (Lobos) St., Barangay Rizal. A tricycle brought them to Blubus (Lobos) St. where they walked along C-5 toward Palar St. The accused pointed to a house on top of a hill, claiming it was his mother’s house and that her husband was there with a woman. When they approached the house, the victim insisted that the accused call her husband; the accused then became angry, accused her of being eskandalosa and making ingay-ingay, and suddenly wrapped his arm around her neck.

Using his right hand, the accused poked an ice-pick at the victim’s right side. The victim pleaded but could not open her mouth because his left hand covered it. The accused dragged her for about half a kilometer to a dark, grassy area where the soil was wet. The victim testified that while he poked her with the ice-pick, the accused told her it would be easy to kill her because he had been jailed several times before. The victim was wearing a white sleeveless T-shirt and brown tights. The accused ordered her to undress and lie down. The victim pleaded that she had undergone a caesarian operation, and she cried while the accused knelt down and pulled down her pants and panty.

After standing up, the accused removed his short pants and warned her not to stand up or he would kill her. The victim testified that despite her pleas and continued struggle, the accused again poked the ice-pick at her right side, mounted her, separated her legs, and inserted his penis into her vagina. She estimated that the assault lasted about ten to fifteen minutes, after which the accused stood up. He then ordered her to put on her clothes. The victim begged him to spare her life because she had children. The accused left for a while to get something, and the victim found the chance to escape.

She fled straight to C-5, turned left at Falcon St., and saw a man standing outside with his wife. She asked for help. The couple led her inside, gave her water, and allowed her to stay until 7:00 a.m. The couple called the barangay captain, who brought her home. The following day, August 22, 1998, the victim reported the incident to the police. SPO4 Lilia Hogar of the Women’s and Children’s Desk Unit of the Makati Police Station investigated the matter, recommended filing of the case, and a request for NBI medico-legal examination was made.

Medical and Evidence Presented by the Prosecution

At the NBI, the victim underwent an examination by Dr. Armie Soreta Umil, who issued a Medico-Legal Report marked as Exhibit G. The report described findings in the genital examination as follows: pubic hair fully grown; labia majora and minora gaping; fourchette lax; vestibular mucosa pinkish; hymen reduced to carunculae myrtiformis; hymenal orifice admitting a tube 3.0 cms. in diameter; vaginal walls lax; and rugosities obliterated. The conclusions were: no evident sign of extragenital physical injuries noted on the body at the time of examination; and the hymen reduced to carunculae myrtiformis.

Aside from the victim, the prosecution presented SPO4 Lilia Hogar, Dr. Armie Soreta Umil, and SPO2 Rolando Escalante.

Defense Version

The accused testified in his own behalf. His evidence consisted of a pure denial. He alleged that he first met the victim on August 15, 1998 at a party. He then claimed that on August 21, 1998, around 4:00 a.m., the victim, together with a tricycle driver, Loreto de la Cruz, and a man named Manny, who were allegedly drunk, went to his house on board a tricycle. He stated that an accused’s niece, Ellen de Leon, knocked to tell him that somebody was looking for him. The victim, Loreto, and Manny allegedly came in, and he told them not to be noisy. Loreto allegedly went out to buy tapsilog and burger. After eating, he claimed that Manny and the victim sniffed shabu, and he alleged that he left Manny and the victim in his room while he went out to fetch water and cook rice. He later claimed he brought his nephews and nieces to school and returned between 6:30 or “quarter to 7” in the morning. He asserted that the victim and Manny were still sleeping in his room.

He claimed that Manny left at about 8:00 a.m., and the victim followed at around 11:00 a.m. He further stated that he went to the market in the afternoon and was allegedly arrested for violation of the Dangerous Drugs Law.

Trial Court Proceedings and Judgment

After trial, the RTC of Makati, Branch 138 rendered judgment on March 14, 2000, convicting the accused of rape under the Anti-Rape Law of 1997 and sentencing him to reclusion perpetua. The trial court ordered him to indemnify the victim in the amount of P50,000.00 as moral damages and ordered costs de oficio.

The Parties’ Contentions on Appeal

The accused-appellant assigned two errors. First, he asserted that the trial court erred in giving full faith and credence to the victim’s testimony. Second, he argued that the trial court erred in finding him guilty beyond reasonable doubt.

The accused anchored his appeal on alleged inconsistencies and the supposed failure of the prosecution evidence to satisfy the required quantum of proof. He specifically argued that the victim’s allegation that she was dragged before being forced to lie in the talahiban was allegedly belied by the medico-legal report, which found no evident sign of extragenital physical injuries. He also argued that the absence of corroborative medical findings—including the lack of proof of lacerations and the absence of a semenology report—undermined the victim’s claim of penetration and ejaculation.

The prosecution countered by showing that the absence of external signs of violence does not negate rape, and that lacerations and ejaculation are not essential elements for conviction.

Legal Basis and Reasoning of the Supreme Court

The Court held that the appeal lacked merit. It recognized that the accused’s primary argument focused on the claimed inconsistencies between the victim’s narrative and the medico-legal findings. Yet it ruled that such inconsistencies were not fatal.

First, the Court explained that it was not necessary that there be marks of physical violence on the victim’s body to prove rape. It also held that the absence of external signs of physical injuries did not negate the offense. It emphasized that dragging does not necessarily produce visible injuries, especially when the record does not establish the nature of the path or the presence of abrasions, and when the victim was fully clothed—particularly wearing brown tights—which could prevent abrasions or other injury.

Second, the Court treated the medico-legal finding that the hymen was reduced to carunculae myrtiformis as consistent with the conclusion that no laceration was found. It reiterated that laceration is not an element of rape, and it stressed that the absence of lacerations does not negate rape. It further ruled that neither the presence of lacerations nor a broken hymen is required to prove carnal knowledge.

The Court also addressed the accused’s arguments on penetration and ejaculation. It held that full penetration of the vaginal orifice is not an essential ingredient and that rupture of the hymen is not necessary. The Court stated that the mere touching of the external genitalia or labia by the penis capable of consummating the sexual act is sufficient to constitute carnal knowledge.

On ejaculation, the Court held that the absence of spermatozoa does not negate rape because rape is consummated by penetration, not by ejaculation. Thus, it ruled that the accused’s arguments anchored on the alleged lack of medical corroboration regarding semen were untenable.

Third, the Court rejected the view that the medico-legal report controlled the outcome. It held repeatedly that medical examination of the victim is not indispensable for prosecution of rape, and that no law requires a medical examination for a successful prosecution. It characterized medical findings and the medical certificate as corroborative rather than essential. Consequently, the Court found the victim’s testimony sufficient to support conviction if credible.

Fourth, the Court considered the accused’s claim that a couple who allegedly helped the victim immediately after the rape did not testify. It ruled that the prosecution has the prerogative to choose its witnesses and that it is not bound to present all witnesses other than the victim in rape cases. It explained that the couple’s testimony would have been limited to the fact that the victim sought help because she was raped. It concluded that there was no reason the accused could not be convicted based solely on the victim’s credible testimony.

The Court also addressed the credibility of the victim. It held that where a woman declares that she was raped and her testimony passes the test of credibility, an accused may be convicted based on that testimony. It reasoned that, by the nature of the offense, the testimony of the complainant is usually the sole evidence available. It found no reason to disturb the trial court’s assessment that the victim was credible, emphasizing that a married woman with two children would not generally subject herself to public scruti

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