Tuesday, March 15, 2011

Identity of accused not proved; acquitted.

G.R. No. 191261


PEOPLE OF THE PHILIPPINES 
vs.
JENNY TUMAMBING y TAMAYO, 

GR No. 191261,
March 2, 2011
DECISION
ABAD, J.:



x x x.

The Issue Presented

The sole issue presented in this case is whether or not the CA and the trial court erred in finding that accused Tumambing raped DK under the circumstances she mentioned.

The Ruling of the Court
 
A successful prosecution of a criminal action largely depends on proof of two things: the identification of the author of the crime and his actual commission of the same. An ample proof that a crime has been committed has no use if the prosecution is unable to convincingly prove the offender’s identity. The constitutional presumption of innocence that an accused enjoys is not demolished by an identification that is full of uncertainties.[2]
 
Here, both the RTC and the CA gave credence to DK’s testimony. They maintained that DK categorically and positively identified her rapist. The CA invoked People v. Reyes[3] where the Court ruled that it would be easy for a person who has once gained familiarity with the appearance of another to identify the latter even from a considerable distance.[4] Ordinarily, the Court would respect the trial court and the CA’s findings regarding the credibility of the witnesses.[5] But the courts mentioned appear to have overlooked or misinterpreted certain critical evidence in the case. This compels the Court to take a look at the same.[6]
 
DK’s identification of accused Tumambing as her rapist is far from categorical. The Court’s reading of her testimony shows that she was quite reluctant at the beginning but eventually pointed to him when it was suggested that it might be him after all. Several witnesses attested to DK’s uncertainties regarding the rapist’s identity when the barangay chairman arranged for her to meet Tumambing. PO2 Crispulo Frondozo, one of the apprehending officers, testified as follows:

Q: Now in the barangay, do you have any occasion to see whether the complainant pinpointed accused as the person who abused her person?
A: No, Sir.
Q: What about in any precinct or agency, do you have any occasion to see complainant positively identified the accused?
A: No, Sir.[7]
 
Pedrito Yacub, Sr., the Barangay Chairman to whom DK initially reported the incident testified:

Q: When the accused enter the barangay hall upon invitation, what happened next?
A: Correction Sir. Not at the barangay hall. In my residence.
Q: Then what happened?
A: He was surprised and [I] told him that he is a suspect of rape and his reply was “akala ko pakukunan niyo ako ng dugo.”
Q: What was the reaction of the accused?
A: As we sat down in a table, a confrontation ensued. I assured the complainant. Don't be afraid. Tell me. I will protect you.
I called her two cousins. Then she stare upon the suspect. I ordered the suspect to turn left, right and backways.
Q: After you told the suspect to pose left, right and backways, what happened next?
A: The suspect told the complainant “huwag kang magtuturo. Ninenerbyus na ako.” So she could not pinpoint the suspect.
I said, “Iha, [i]to ba?But she cannot point to.[8] (Underscoring supplied)
 
DK’s above behavior during her initial confrontation with accused Tumambing gives the Court no confidence that, as she claimed in her testimony, she was familiar with the looks of her rapist because she saw him on the previous day as he passed by her cousin’s rented room many times. If this were the case, her natural reaction on seeing Tumambing would have been one of outright fury or some revealing emotion, not reluctance in pointing to him despite the barangay chairman’s assurance that he would protect her if she identified him. In assessing the testimony of a wronged woman, evidence of her conduct immediately after the alleged assault is of critical value.[9]
 
The barangay chairman continued:

Q: As barangay captain who has the duty to enforce law and city ordinances, you came to know that there were other suspect, what did you do?
A: I invited the suspect.
Q: Do you remember the person whom you invited known as the second suspect?
A: His name is Alvin Quiatcho. For confrontation with the complainant. And confrontation ensued between her and the suspect. I asked her is this the suspect?
Q: What was her answer?
A: She said, she could not recall. Chairman pa doctor kaya natin siya. It mean[s] “makunan ng cells.”
The complainant told me chairman padoktor natin [sic] na lang natin siya.
Q: Presumably to get some sperm?
A: Yes, Sir.
Q: What did you do if any with the suggestion of [DK]?
A: I told the complainant, it would be difficult to do.
Q: After that what happened?
A: So since she could not pinpoint also the other suspect, I released the other suspect. She could not pinpoint.[10] (Underscoring supplied)
 
That DK wanted the sperm of Alvin Quiatcho (Quiatcho), the second suspect, tested and presumably compared with that found in her clearly indicates that she entertained the possibility that it was Quiatcho, rather than accused Tumambing, who raped her. The Court cannot thus accept DK’s testimony that she had been familiar with the looks of the man who violated her and that she could not possibly be mistaken in identifying him as Tumambing.

Crispin Dizon, the executive officer of the same barangay, corroborated the barangay chairman’s testimony:

Q: So what was the question?
A: The question was that, “Is this the person you saw and who rape you?”
Court: Referring to?
Interpreter: Referring to Jenny Tumambing.
Q: What was the reply of the victim, if any?
A: She did not answer, Sir.
Q: What happen next when [DK] did not answer?
A: And [DK] was again asked by the Chairman and told her not to fear and tell who raped her and point to him.
Q: What was the reply of [DK] if any?
A: She did not reply, Sir.
Q: Now if you remember how many times did the Chairman asked [DK]?
A: Four times, Sir.[11]
 
The RTC and the CA thought that DK was quite sure it was Tumambing who sexually attacked her. They pointed out her insistence at the police precinct that it was Tumambing who really raped her and that she positively identified him in open court. But this came about much later. The fact is that she did not refute the testimonies given by neutral witnesses that she could not point to accused Tumambing as her rapist during their initial confrontation at the barangay chairman’s residence. These witnesses had no motive or reason to fabricate a story for the defense.
 
By the nature of rape, the court has to, quite often, rely on the sole testimony of the victim. For this reason, the court is always reminded to subject her testimony to a most rigid and careful scrutiny. It cannot afford to overlook details that are essential to an understanding of the truth.[12] Here, as shown above, DK’s testimony is anything but believable and consistent.

Although she categorically said on cross-examination that she saw her attacker enter the room,[13] she did not shout or raise an alarming call. Nor did she try to escape.[14] She just lay in bed.[15] In fact, she maintained that position in bed even when her attacker was standing before her and removing his clothes.[16] She did not shout nor struggle when he penetrated her.[17]
 
There is one thing that DK appeared sure of. Her rapist wore a yellow shirt.[18] But this is inconsistent with her testimony that after the stranger in her room was done raping her, “bigla na lang po siyang lumabas x x x sinundan ko siya ng tingin.[19] Since DK did not say that the man put his clothes back on, it seems a certainty that he collected his clothes and carried this out when he left the room. Since DK then turned on the light for the first time, she had a chance to see him clearly. But, if this were so and he walked out naked, why was she so certain that he wore a yellow shirt?
 
With such serious doubts regarding the true identity of DK’s rapist, the Court cannot affirm the conviction of accused Tumambing.
 
WHEREFORE, the Court SETS ASIDE the decision of the Court of Appeals dated November 12, 2009 in CA-G.R. CR-HC 02433 as well as the decision of the Regional Trial Court of Manila, Branch 27, in Criminal Case 04-227897, and ACQUITS the accused-appellant Jenny Tumambing y Tamayo of the crime charged on the ground of reasonable doubt. The Court orders his immediate RELEASE from custody unless he is being held for some other lawful cause.
 
The Court further ORDERS the Director of the Bureau of Corrections to implement this Decision forthwith and to inform this Court, within five days from receipt hereof, of the date appellant was actually released from confinement. Costs de oficio.
 
SO ORDERED.


[1] Pursuant to Republic Act 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004” and its implementing rules, the real name of the victim, together with the real names of her immediate family members, are withheld and fictitious initials instead are used to represent her. People v. Cabalquinto, G.R. No. 167693, September 19, 2006, 502 SCRA 419, 421-426.
[2] People v. Galera, 345 Phil. 731, 745 (1997).
[3] 369 Phil. 61, 76 (1999).
[4] Rollo, p. 12.
[5] People v. Virrey, 420 Phil. 713, 720-721 (2001).
[6] People v. Galera, supra note 2, at 754.
[7] TSN, May 10, 2005, p. 6.
[8] TSN, May 11, 2005, pp. 6-7.
[9] People v. Galera, supra note 2, at 750.
[10] TSN, May 11, 2005, pp. 9-10.
[11] TSN, May 25, 2005, pp. 7-8.
[12] People v. Salidaga, G.R. No. 172323, January 29, 2007, 513 SCRA 306, 318.
[13] TSN, March 4, 2008, p. 5.
[14] Id. at 12.
[15] Id. at 7.
[16] Id. at 16.
[17] Id. at 17.
[18] Id. at 35-36.
[19] Id. at 19.