More weighty evidence

This case is again about the credibility of a witness particularly a rape victim against whom the crime is committed with nobody else but the accused present. The case once more enumerates the reasons for believing the victim’s story rather than those of several accused whose stories even corroborate each other. This is the case of Kate.

Kate is a sixteen (16) years old student who is already working as a maid in order to support her schooling. Since her family is so hard up and her father is already so sickly, Kate had to accept such a menial job of being a housemaid of Fred, a civil engineer, and his wife Malou. So Kate had to sometimes travel by boat to her province to visit her family who was always worried about her.

One time, after visiting her family and on the way back to work, Kate took a motor launch with Ludy, her older sister even accompanying her to the pier up to the time she boarded the launch until it sailed. Upon arrival at around twelve noon, the passengers alighted and their cargoes were unloaded.  But Kate was prevented from getting down by Roger the assistant pilot of the launch, Allen, the mechanic, Raul the cook and Jasper a crew member because she could not pay the full fare for the trip. Kate asked permission to go to the house of her master Fred, but her plea fell on deaf ears.

Thereafter the wharf to docked at an isolated island 3 or 4 kilometers away where Kate was sexually abused first by Roger who pulled and pinned her down the floor face up and pointed a gun at her as the others held her. After Roger satisfied his beastly desire, Allen, Jasper, and Raul followed and also raped Kate while the other companions held her down.

Two days later when the launch returned to the island with Kate still there because she was prevented to disembark the four assailants succeeded in raping Kate again one after the other. The following morning the Launch returned to the wharf again and Kate was already allowed to disembark. After resting at a nearby store, Kate went to the house of her employer. Four days later, her eldest sister Liza arrived, so Kate related the sordid incident that befell her. With the help of Fred, and after the necessary medical and physical examination which confirmed that Kate had really been sexually abused, a complaint was filed against the four assailants before the Regional Trial Court (RTC) for serious illegal detention with multiple rape.

Kate testified for the prosecution and related what happened to her. The examining physician also testified to prove that Kate was really raped. For their defense, Roger told the court that Kate was the one who did not want to alight to go back to her employer because she forgot her things. He denied having raped Kate and said that Kate slept alone at the other end of the launch while they slept at the other end. The following morning Kate went down but boarded again to go to the other town. Then she boarded again when the launch sailed to the isolated island again, Kate and slept inside until they returned to the wharf. The three other accused likewise raping her twice giving different reasons to support their denial.

After hearing both sides, the Trial Court accepted the story of Kate as more believable and convicted the four accused of the crime of serious illegal detention, sentencing them to life imprisonment. The RTC likewise convicted them of two counts of rape and sentenced them to life imprisonment and reclusion perpetua respectively, plus damages.

This ruling was affirmed by the Supreme Court (SC). According to the SC when the issue of a case revolves around the credibility of the witnesses, the appellate court will not disturb the findings of the trial court, unless there is a showing that it overlooked, misunderstood or misapplied some fact or circumstance of weight and substance that would have affected the result of the case. The SC reasoned out that the Trial Court is in a better position to gauge the credibility and properly appreciate the weight of the conflicting evidence from both parties as it had the opportunity to observe the demeanor and behavior of the witnesses while testifying.

The SC also ruled that Kate’s declaration on the facts of her detention and assault on her chastity rang of truth because: (1) no motive has been adduced why she who was then only 16 years old and therefore would wanted least public exposure of her harrowing experience would come out and undergo legal scrutiny except to tell the truth; (2) when a woman testifies that she has been rape, she says in effect all that is necessary to show that rape has been committed and that the accused may be convicted on the basis of said uncorroborated testimony; and (3) the claims the accused denying the charges are not believable because they are self serving and quite improbable under the circumstances of the case.

So the trial court is correct in finding them guilty of two separate crimes of illegal detention and multiple rapes and not of a single complex crime of serious illegal detention with rape. The sentence of the court for each of the crime committed is likewise correct including the award of damages except the indemnity which should increased to P15,000. (People vs. Bernal et. al., G.R. L-30483, July 31, 1984)

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