The issue for resolution is whether the prosecution was able to prove beyond reasonable doubt appellants' guilt for the crime of rape.
Article 266-A38 of the Revised Penal Code provides for the elements of the crime of rape as follows:
Art. 266-A- Rape: When And How Committed. - Rape is committed: 1) By a man who shall have carnal knowledge of a woman under any of the following circumstances:
a) Through force, threat, or intimidation;
b) When the offended party is deprived of reason or otherwise unconscious;
c) By means of fraudulent machination or grave abuse of authority; and
d) When the offended party is under twelve (12) years of age or is demented, even though none of the circumstances mentioned above be present.
The prosecution must prove that (1) the accused had carnal knowledge of the complainant; and, (2) that the same was accomplished under any of the above-enumerated circumstances. Inasmuch as the crime of rape is essentially committed in relative isolation or even secrecy, it is usually only the victim who can testily with regard to the fact of the forced sexual intercourse.39 Therefore, in a prosecution for rape, the credibility of the victim is almost always the single and most important issue to deal with. Thus, if the victim's testimony meets the test of credibility, the accused can justifiably be convicted on the basis of this testimony; otherwise, the accused should be acquitted of the crime.40
Appellants' claim that rape was not was established as AAA had been unconscious during its alleged commission is not persuasive.
While it is true that there was no direct evidence to establish that appellants had carnal knowledge of AAA as the latter was unconscious, however, proof of the commission of the crime need not always be by direct evidence, for circumstantial evidence could also sufficiently and competently establish the crime beyond reasonable doubt.41 Indeed, the Court had affirmed convictions for rape based on circumstantial evidence.42
Circumstantial evidence is sufficient for conviction if (1) there is more than one circumstance; (2) the facts from which the inferences are derived are proven; (3) and the combination of all the circumstances is such as to produce a conviction beyond reasonable doubt.43 A judgment of conviction based on circumstantial evidence can be sustained when the circumstances proved form an unbroken chain that results in a fair and reasonable conclusion pointing to the accused, to the exclusion of all others, as the perpetrator.44
Here, AAA was on her way to her parents' house when appellants, her neighbors since childhood, appeared and held her hands. She struggled and shouted but appellant Allain covered her mouth with a handkerchief to prevent her from shouting, while appellant Vergel punched her in the stomach which caused her to lose consciousness. When she regained consciousness, she felt pain all over her body and her vagina. She found her bra, bloodied parity and maong pants beside her. She went back to her employers' house and told them that appellants raped her. AAA's testimony was corroborated by Dr. Jabat's declaration that the lacerations in AAA's perineum and hymen were due to the insertion of a foreign object or the male organ and the presence of spermatozoa signified recent sexual intercourse. It is well settled that when the victim's testimony is corroborated by the physician's finding of penetration, there is sufficient foundation to conclude the existence of the essential requisites of carnal knowledge.45 The lacerations, whether healed or fresh, are the best physical evidence of forcible defloration.46
We find no error committed by the RTC, as affirmed by the CA, in giving credence to AAA's testimony. In fact, it was put down in record that AAA was crying while she was testifying before the trial court.47 It has been held in several cases that the crying of a victim during her testimony is evidence of the truth of the rape charges, for the display of such emotion indicates the pain the victim feels when she recounts the detail of her traumatic experience.48"
THIRD DIVISION
[ G.R. No. 199270, October 21, 2015 ]
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, VS. VERGEL ANCAJAS AND ALLAIN* ANCAJAS, ACCUSED-APPELLANTS.
https://lawphil.net/judjuris/juri2015/oct2015/gr_199270_2015.html?utm_source=chatgpt.com
