Forced marriage

In rape cases, among the defenses used by the accused are the sweetheart theory and their subsequent marriage after the alleged rape happened. These defenses however must be credible enough and backed up by sufficient evidence. This is illustrated in this case of Nancy.

Nancy is a pretty 15 year old Barrio lass staying alone with her mother Beth since her father Ronald left them already and went to Malaysia when she was just 4 years old and has not returned. Helping Beth in taking care and custody of Nancy was Chona, Beth’s older sister. Living in the same Barangay are Manuel and his son Ernesto, a teenager who is a silent admirer of Nancy. 

One afternoon at about 3:30 Nancy and her auntie Chona were fetching water in a cave when Ernesto suddenly came running towards them with a bolo in hand. Nancy and Chona tried to run away but Ernesto overtook them. He held Nancy’s hair and told her to go with him or else he will kill her. Chona came to Nancy’s rescue but Ernesto tried to hack her. Luckily, she was able to shield herself with the plastic water container and held on to Nancy’s hand who was then already crying. Then Ernesto drew his gun from his waist and pointed it at Chona threatening to shoot her if she will not leave. Hence, Chona had to leave and went home to tell Beth what happened.

Thereafter, Ernesto’s father Manuel suddenly appeared with gun on hand. Father and son tied Nancy’s hands behind her back, covered her mouth with a piece of cloth and brought her to the forest. Despite Nancy’s vigorous resistance and tearful plea, Ernesto was able to sexually abuse her three times on the ground where she was made to lie down on a bed of leaves. During the entire time that Nancy was being abused by Ernesto, Manuel stood guard and watched them. They left the forest at ten o’clock a.m. the following day and brought Nancy to the house of their friend Tupe where she was detained in a room. Ernesto instructed Tupe to guard Nancy and to shoot her if she would attempt to escape.

In the afternoon, Beth came to get Nancy but Tupe refused and threatened to kill Nancy if she would report the matter to the authorities. So Beth just went home and did not report the incident to the police out of fear of losing her daughter. Tupe then asked Nancy to marry Ernesto but she refused although she was forced to sign a document which she was not able to read.

Nine days later, upon instruction of Tupe, Nancy and Ernesto were married by a Muslim Imam against her will. Then Nancy and Ernesto lived in one of the rooms in Tupe’s house together with his wife Aira, children and mother-in-law. Nancy was held like a captive and during her detention, Ernesto abused her twice every night until she got pregnant.

Five months later, Beth and Chona already decided to report Nancy’s abduction to the police leading to the arrest of Ernesto and Tupe and the subsequent filing of abduction with rape charge against Ernesto and Manuel as well as serious illegal detention charge against Ernesto and Tupe.

The defense denied committing the crimes charged. Ernesto claimed that he and Nancy eloped after being engaged for three years where they lived with Nancy’s mother, Beth. He further claimed that the sexual intercourse between them was consensual as they were already sweethearts. In fact even Nancy’s father Ronald came back and testified for the defense, declaring that he was present when they got married and brought them to his house in the City. Ernesto also further cited the five months delay in filing the suits and claimed that they were filed only because he did not pay the dowry.

But the Regional Trial Court (RTC) still convicted Ernesto and Manuel for the crime of abduction with rape and sentenced them to reclusion perpetua with corresponding payment of damages. Tupe and Ernesto were likewise convicted of the crime of serious illegal detention and also sentenced to reclusion pepetua with damages. This decision was affirmed by the Court of Appeals (CA). Were the RTC and CA correct?

Yes said the Supreme Court. Delay in filing the actions does not affect the credibility of Nancy’s testimony especially because Ernesto threatened to kill her while in his custody. The testimony of Ronald that Ernesto courted Nancy and they really got married in his presence is also not persuasive enough especially because he abandoned Nancy when she was still a child and appeared only during the trial. Besides his testimony was contradicted by Nancy herself and his wife Beth as well as the Imam who celebrated the marriage.

Ernesto’s sweetheart theory is likewise not convincing. If there was indeed a romantic relationship between them, Nancy’s normal reaction is to cover up for him. Here however, Nancy lost no time in reporting the incident to the NBI after she was rescued by the authorities. Moreover, there must be substantial evidence to show that they were really sweethearts like love letters, gifts, pictures and the like. Here Ernesto failed to present any such evidence. Besides, in rape cases where the victim’s testimony is the single most important factor, the lower court’s evaluation of her testimony is given great weight because it has the opportunity to observe the facial expression, gestures and reactions of the witnesses. In this case the lower court found Nancy’s testimony credible and reliable enough as against Ernesto’s mere denials.

But instead of abduction and rape, Ernesto and Manuel should be held guilty of  kidnapping with serious illegal detention and rape since the Information did not alleged that the forcible taking and carrying away of Nancy was with lewd design. (Madsali et. al. vs. People, G.R. 179570, February 4, 2010)

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