Title
People vs. Paranzo
Case
G.R. No. 107800
Decision Date
Oct 26, 1999
An 11-year-old girl accused Rolly Paranzo of rape, alleging force and intimidation. Despite her retraction, the Supreme Court upheld his conviction, citing credible testimony, medical evidence, and disregard for the affidavit of desistance.
rape
minor
credible testimony
A

Case Summary (G.R. No. 107800)

Factual Background

Anna Liza Jacobe, with the assistance of her mother Gloria Jacobe, filed a criminal complaint for rape alleging that the accused, by means of threats, force and intimidation, had carnal knowledge of her against her will and consent in the early morning of November 13, 1991.

At trial, the prosecution presented three witnesses: Anna Liza Jacobe, her grandmother Rafaela Jacobe, and Dr. Jesusa Nieves of the PNP Crime Laboratory Service, Camp Crame, Quezon City, who conducted the medico-legal examination after the alleged incident. The defense presented Anna Liza Jacobe as a hostile witness and the accused himself.

The complainant testified that the accused raped her while she was sleeping inside the house of Teresa Rivera in Yagit, San Rafael, Montalban. She stated that she was awakened when she felt blood on her shorts coming from her private part, and she tried to stop the accused but he continued. She also testified that she did not shout because the accused intimidated her by pointing a knife at her neck. She further testified that the rape was not her first experience of sexual abuse by the accused, recounting prior incidents.

Rafaela Jacobe testified that the complainant was her grandchild and that the complainant was eleven (11) years old in November 1991. She also stated that she had no personal knowledge of the incident, and that after the incident her mother gave the complainant to Rafaela. She added that her son was negligent and that her daughter-in-law and accused were no longer living together because the complainant’s mother had remarried.

Dr. Nieves testified that when she examined the complainant on November 15, 1991 at around 11:30 a.m., the complainant was in a non-virgin state physically, and there were no external signs of recent application of violence, nor spermatozoa. She explained that based on healed lacerations, it was possible that the complainant had sexual intercourse seven (7) days or more prior to the examination. She added that based on an abrasion on the labia menora, there was evidence that there could have been recent genital trauma, meaning abrasion could have resulted from rub or friction of a hard blunt object more or less within five (5) days prior to the examination. She stated that loss of virginity was caused by sexual intercourse.

During proceedings, the complainant unexpectedly testified for the defense, expressing that she wanted the accused “palabasin na po namin siya dahil wala naman pong nangyari sa amin,” and she executed an affidavit of desistance. She later clarified that she lied in court and in her earlier statements, and that she executed the affidavit because of a promise of monetary settlement which she claimed had not yet been paid. She testified that she was not aware that she could be held liable for false testimony and that she would not have executed the affidavit of desistance “were it not for the monetary settlement.”

The accused pleaded not guilty. He denied the charge and claimed alibi, asserting that at the time of the alleged rape he was working in a slaughterhouse in San Jose, Montalban, with his work hours described as beginning at 4:00 p.m. and ending at 7:00 a.m. the following day. He explained that the complaint was filed because the complainant’s mother allegedly borrowed P200.00 from him and threatened him when he did not lend the money. He also alleged that he was arrested without being told the reason and that he signed a waiver of detention without understanding it.

Trial Court Proceedings

After trial, the RTC Branch 76 found the accused guilty beyond reasonable doubt of rape. The trial court reasoned that although there were no visible signs of violence, the elements of rape were established because the victim was below twelve years of age at the time. The RTC sentenced the accused to reclusion perpetua, ordered indemnification of P30,000.00, and required him to pay costs.

The Parties' Contentions on Appeal

On appeal, the accused-appellant assigned several errors. He argued that conviction for rape must rest on clear and convincing proof, and he asserted that the complainant’s testimony was not corroborated and was tainted with doubt. He pointed to the alleged lack of proof that the victim stayed at the place described and emphasized her retraction and admission that she lied. He also argued that the prosecution failed to prove that the complainant was below twelve years of age because no proof of birth was presented. Finally, he contended that there were inconsistencies between the complainant’s account and Dr. Nieves’ medico-legal findings as to timing of injury and the possibility of consent, suggesting that sexual intercourse could not have occurred on November 13, 1991 given the medical findings.

The Solicitor General, for the People, sought affirmance of conviction and requested an increase of the civil indemnity from P30,000.00 to P50,000.00, invoking prevailing jurisprudence. The Solicitor General argued that the complainant’s testimony need not be corroborated by other persons and that the medical evidence was not inconsistent with the complainant’s account. On the issue of age, the Solicitor General maintained that the question of whether the complainant was below twelve was immaterial if rape was committed through force and intimidation, as alleged and supported. The Solicitor General also countered the defense of alibi as unavailing, reasoning that the accused failed to present corroborating witnesses and that physical impossibility was not credibly established.

Legal Basis and Reasoning

The Court examined Article 335 of the Revised Penal Code, which defines rape by carnal knowledge of a woman under alternative circumstances, including by using force or intimidation and rape where the woman is under twelve years of age. The Court held that circumstances are alternative and that where the information alleges rape by force or intimidation, the victim’s age becomes not indispensable for conviction under the force/intimidation mode, provided the information sufficiently describes the qualifying circumstance to inform the accused of the charge.

The Court found that the complaint alleged rape committed against the complainant’s will and consent by means of threats, force and intimidation. It held that the prosecution evidence established that the accused had carnal knowledge of the complainant through force and intimidation in the early morning of November 13, 1991. It relied on the complainant’s clear and positive testimony, including her account that she was sleeping in the house, that the accused lay on top of her, that she noticed blood on her private part, and that the accused intimidated her with a knife pointed at her neck, causing fear for her life and personal safety. The Court reiterated the doctrine that rape is committed when intimidation is used and the victim submits against her will due to fear for her life or safety, and that it is not necessary for the force or intimidation to be of such character that it could not be resisted so long as it is sufficient to accomplish the accused’s purpose.

The Court addressed the defense’s attempt to cast doubt through the complainant’s subsequent repudiation and desistance. It held that the trial court did not convict the accused solely on the complainant’s original testimony. The Court emphasized that complainant’s account was corroborated by the medico-legal report and Dr. Nieves’ testimony. It noted that the medical findings showed the complainant was in a non-virgin state and that there were no external signs of recent application of violence, while Dr. Nieves also confirmed healed lacerations consistent with sexual intercourse and described the time range in which trauma and abrasion could have occurred. The Court deemed it “very possible,” given the complainant’s declaration and Dr. Nieves’ testimony, that sexual intercourse occurred on November 13, 1991.

In confronting the contention that the medical findings could not align with the alleged time of rape, the Court treated Dr. Nieves’ testimony as consistent with the narrative. It recognized that Dr. Nieves had indicated the possibility that sexual intercourse occurred seven (7) days or more before the examination, and that abrasion could have resulted from recent trauma within about five (5) days prior to November 15, 1991. This supported the Court’s view that the prosecution’s timing was not rendered impossible by the medico-legal evidence.

On credibility, the Court observed that assessment of witness credibility lies primarily with the trial court. It

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