Badge of truth

This is another case of rape which is usually committed without the presence of anyone else except the victim and the accused. Under such circumstance, the guilt or innocence of the accused depends on the credibility of the victim’s detailed narration of what has been done to her as against the defense of the alleged rapist, like alibi or the sweetheart theory. Also discussed here are the circumstances which aggravate the penalty to death.

This case involves Rina, a 17-year-old girl who finished Grade VI only and lived most of her life as a domestic helper. Her mother Mina describes her as a “tomboy” as she has never engaged in sexual intercourse.

Based on Rina’s narration, the first incident happened when only Rina and her one-year-old ward were left at the residence of her employer Mario Ang. Rina was watching television in the sala when she heard a sound from the front door. Then somebody whom she recognized as “Mandy” who is selling dried fish in their place, suddenly held her hand, gagged her mouth and pointed a knife at her. Mandy was with two other companions, but Rina recognized only one of them as Danny, who approached and boxed her on her side rendering her unconscious. After regaining consciousness 30 minutes later, Rina found her short pants removed and her private parts bleeding. She immediately washed it and took a bath. But when Mario and his wife arrived, Rina did not complain of any unusual incident.

The second incident happened a week later when Rina was alone again with her ward in the Ang residence, frying some pork. Suddenly, Mandy, Danny and a John Doe intruded into the house through the back door. Mandy held her hands and gagged her mouth while John Doe turned off the stove, laid her on the floor and pointed a knife at her. Thus Mandy again succeeded in satisfying his lusts on her. After driving a nail into Rina’s hand, Mandy immediately left with his companions. The incident affected her work but she was still able to finish preparing lunch when her employers returned at noon.

Rina reported to the police only the injury to her hand but not the rape, for fear that Mandy would make good his threat to kill her mother. Then she took poison several times and tried to kill herself when her mother discovered the rapes because she became pregnant and gave birth to a baby boy more than eight months after the incident.

Thus Mandy and John Doe were charged with the two crimes of rape. At the trial, Rina reiterated her story to prove her cases. Also testifying was the City Health Officer who examined her, Mario her employer who corroborated her story, and the doctor responsible for her pre-natal care.

For his defense, Mandy denied the charges and claimed that Rina was one of his sweethearts with whom she had sexual intercourse together with two other women who were also in relationship with him. His claim was corroborated by the two other women and the police inspector who told the court that after reporting the rapes, Rina and her mother never returned to pursue the case. Mandy also attempted to destroy Rina’s credibility by portraying her as a prostitute and a woman of loose morals.

The Trial Court however found the defense witnesses and the tale they spun not credible enough. It could not believe that Mandy, a mere fish vendor without “any extraordinary looks” could hook a 17-year-old virgin and jump to bed with him on the first opportunity to do so. It found Rina to be a more credible witness especially her story given in between sobs. So the trial court found Mandy guilty of two rapes and sentenced him to death penalty for each crime plus the corresponding damages.

The Supreme Court, on automatic review found that the first alleged rape was not sufficiently proven because the testimony of Rina was not clear and convincing. She failed to describe the circumstances constituting an unbroken chain of events indicating that the offense was actually committed because she became unconscious.

But as to the second rape, the SC affirmed the Trial Court’s decision finding Mandy guilty and sentencing him to death. The SC said that the discrepancies in the details of Rina’s testimony are insignificant and refer only to collateral and minor matters which do not detract from her positive testimony. According to the SC, even the most candid witness make inconsistent statements but they do not impair her credibility. They may even be a badge of truthfulness. The SC also discarded Mandy’s claim about the lack of proof beyond reasonable doubt on the element of force and intimidation. The SC said that for rape to exist it is not necessary that the force or intimidation employed in accomplishing the crime be so great or of such character as could not be resisted. Force or intimidation is sufficient if the purpose of the accused is achieved. Furthermore, intimidation involves the victim’s mind and must be viewed according to her perception and judgment when the offense was committed. In this case Rina elaborated on how she was held down by the three assailants. Regardless of how she was threatened with a knife, it is clear that she could not resist the attack. Her story should not be discredited merely because she did other things which could not be expected from one who had been raped. The ways of a human mind when placed under emotional stress are unpredictable. Mandy should be sentenced to death because the crime was committed with the use of deadly weapon and by two or more persons and aggravated by the circumstance that it was committed in a dwelling even if she is not its owner (People vs. Tamparong, G.R. 124213, August 17, 1998).

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