People v. Nicolas PDF

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SUPREMECOURTREPORTSANNOTATED
Peoplevs.Nicolas
*
G.R.No.135877.August22,2002.
PEOPLEOFTHEPHILIPPINES,plaintiffappellee,vs.ERNESTO
NICOLASyOCAMPO,accusedappellant.
Criminal Procedure Rape Complaint When the offended party has
executedandsubscribedtoacomplaint,theprosecutionbeforethecourtmay
be initiated by means of an information signed by the prosecutor alone
Thereisnothingintherulethatrequiresthecomplainttostillbeidentified
incourtduringtrial.Theruleisthatwhentheoffendedpartyhasexecuted
and subscribed to a complaint, the prosecution before the court may be
initiated by means of an information signed by the prosecutor alone. But
thereisnothingintherulethatrequiresthecomplainttostillbeidentifiedin
court during trial. The rule, in our view, is not vitiated by the fact that the
complaintwassignedbythedaughterofthedisabledandmentallyillvictim.
Otherwisetherulewouldberequiringtheimpossible,whichisabsurd.
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*ENBANC.
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Peoplevs.Nicolas
Same Same Same Any issue on the validity and sufficiency of the
complaintshouldberaisedinamotiontoquashtheinformationpursuantto
Section3,Rule117oftheRulesofCourt.Inanyevent,wehavepreviously
ruledinthecaseofPeoplevs.Barrientosthatanyissueonthevalidityand
sufficiency of the complaint should be raised in a motion to quash the
informationpursuanttoSection3,Rule117oftheRulesofCourt.Asinthe
citedcaseofBarrientos,thisCourtconsidersanyattackonthevalidityand
efficacyoftheaffidavitcomplaintatthistimeratherbelated.
http://www.central.com.ph/sfsreader/session/000001571798fb8eb674ac05003600fb002c009e/t/?o=False
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Same Same Same Rape has been reclassified from being a private
crimeintoacrimeagainstpersonsRapemaynowbeprosecuteddeoficio.
Under R.A. 8353, rape has been reclassified from being a private crime
intoacrimeagainstpersons.Asaresult,theprosecutionofthecrimeofrape
hasbeeneffectivelyremovedfromtheambitoftherequirementsofChapter
Five,TitleElevenoftheRevisedPenalCodeandSection5,Rule110ofthe
1985 Rules of Criminal Procedure. We note further that on December 1,
2000, the Revised Rules on Criminal Procedure took effect and, following
the amendments brought about by R.A. 8353, Section 5, Rule 110 thereof
hascorrespondinglybeenamended.Rapemaynowbeprosecuteddeoficio.
SameSameConstitutionalLawRighttoconfrontationhasatwofold
purpose.Therighttoconfrontationhasatwofoldpurpose:(1)primarily,
to afford the accused an opportunity to test the testimony of the witness by
crossexamination and (2) secondarily, to allow the judge to observe the
deportmentofthewitness.
Criminal Law Same Evidence Denial and alibi unsubstantiated by
clear and convincing evidence are negative and selfserving.Moreover, a
carefulperusaloftherecordsofthiscaseshowsthatappellantsdefenseof
denialisweak.Itwasnotpositivelycorroboratedevenbyhisnephew,who
merely testified as to the occurrences in the area prior to the time of the
alleged rape. Denial and alibi unsubstantiated by clear and convincing
evidence are negative and selfserving. They cannot be given greater
evidentiary weight over the testimonies of credible witnesses who testified
onaffirmativematters.
SameSameSame The presence of other people in the vicinity does
not deter the commission of rape there is no rule that rape can be
committedonlyinseclusion.In assailing the credibility of the prosecution
witnesses,appellantaverredthatitwasunlikelyforrapetobeperpetratedin
a crowded place, such as the house where Flaviana was staying. In a long
lineofcases,however,wehaveheldthatthepresenceofotherpeopleinthe
vicinitydoesnotdeterthecommissionofrapethereisnorulethat
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Peoplevs.Nicolas
rape can be committed only in seclusion. Lust is no respecter of time or

place rape can be committed in small, confined places like a oneroom
shack,andinthepresenceofotherfamilymembers.
SameSameDeathPenaltyKnowledge of the offender of the mental
disability of the victim at the time of the commission of the crime of rape
qualifies the crime and makes it punishable by death Knowledge must be
allegedintheinformation.Nonetheless,itbehoovesthisCourttostatethat
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even under the new rape law, R.A. 8353, the death penalty would still be
improper. As the law now stands in Article 266B, paragraph 10, of the
Revised Penal Code as amended, knowledge of the offender of the mental
disability of the victim at the time of the commission of the crime of rape
qualifies the crime and makes it punishable by death. But such knowledge
must be alleged in the information since a crime can only be qualified by
circumstancespleadedintheindictment.Toholdotherwisewouldresultina
denialoftherightoftheaccusedtobeinformedofthechargesagainsthim,
henceadenialofdueprocess.
AUTOMATICREVIEWofadecisionoftheRegionalTrialCourtof
ParaaqueCity,Br.259.
ThefactsarestatedintheopinionoftheCourt.
TheSolicitorGeneralforplaintiffappellee.
PublicAttorneysOfficeforaccusedappellant.
QUISUMBING,J.:
1
For automaticreviewis thedecision dated October 9, 1998 of the

Regional Trial Court of Paraaque City, Branch 259, finding
appellantErnestoNicolasguiltyofrape.Theheinousnatureofthe
offense is underscored
by the charge against him in the amended
2
information whichreadsasfollows:
That on or about the 21st day of October 1997, in the Municipality of
Paraaque, Metro Manila, Philippines and within the jurisdiction of this
Honorable Court, the abovenamed accused did then and there willfully,
unlawfullyandfeloniouslyhavecarnalintercoursewithFlabiana
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1Rollo,pp.1624.
2Id.at8.
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Peoplevs.Nicolas
Mendoza, a paralyzed, 53 years (sic) old, mother of complainant, and who

wasthenunconsciousanddeprivedofreason,againstherwillandconsent.
CONTRARYTOLAW.
Uponarraignment,appellant,assistedbycounsel,pleadednotguilty.
Trial commenced thereafter. Four witnesses testified for the
prosecution.
MA.VICTORIAPUNZALAN,adaughterofthevictimFlaviana
3
Mendoza, testifiedthatinAugust1997,hermotherwasbroughtto
the Philippine General Hospital for treatment. Upon being brought
4
home in September of that same year, Flavianas medical records
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4
home in September of that same year, Flavianas medical records

and actual condition showed that she was almost physically
paralyzedandinaveryweakstateofmindandhealth.Accordingto
5
Ma.Victoria,hersistersAnnalizaUrmelita andDaisyMendozatold
her that their mother was raped by appellant on October 21, 1997.
Sheaddedthatatthetimeoftherape,hermotherwaspersistently
ill, and was physically and mentally6 incapacitated. Her mother
eventuallydiedonNovember15,1997.
DAISY MENDOZA, another daughter of the victim, testified
that on October 21, 1997, she was sleeping on the floor of her
grandparents house where her mother, grandparents, and nephew
LorenzoMendozaalsoslept.Ataround3:00A.M.,shewokeupand
saw appellant Ernesto Nicolas on top of her mother, Flaviana
Mendoza.Bothhadtheirshortspulleddown.Appellantappearedto
be doing a pumping motion, with her mother underneath him. She
hurriedly went out of the house and called her brother Joel, whose
house was about six meters away. When they returned, they saw
Ernestostillontopoftheirmother.Herbrothershoutedatappellant
to move down. Appellant then went out of the house. Thereafter,
theyreportedtheincidenttothebarangayoffice.
Appellant was apprehended at his sisters house and brought to
theCoastalPoliceStationwhereaninvestigationwasconducted.
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3SometimesreferredtoasFlavianaSalvador,FlabianaMendoza,and/orFlaviana
Marasiganintherecords.
4Recordsp.358ExhibitsA13&A14.
5SometimesspelledOrmelita,Urmenetaintherecords.
6TSN,February24,1998,pp.315.
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Daisytestifiedthatevenpriortotheincident,Flavianawasalready
mentallyandphysicallyweak.Shesaidsheaccompaniedhersister
AnnalizaUrmelita,privatecomplainantinthiscase,tothebarangay
7
officetofileacomplaintagainstappellant.
JOELMENDOZA,sonofthevictim,corroboratedthetestimony
ofhissistersonwhattranspiredbetween2:003:00A.M.ofOctober
21, 1997. He added that upon seeing Ernesto atop his mother, he
shouted invectives at him and ordered him to stop what he was
doing.AppellantgotoffFlavianaandpretendedtobeasleep.Itwas
at this point where Joel saw that his mother also had her shorts
pulled down. As he was furious, his wife stopped him from
assaulting appellant and so he went to his other sisters house,
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adjacenttohisown,totellherabouttheincident.Later,theywent
back to see their mother. He recalled he was wielding a wooden
sticktohitappellant.HeandDaisytoldappellanttogetoutofthe
house. According to Joel, he remembered that Daisy slapped
appellantwhilehehittheappellant.Appellanthurriedlyleft.Joels
sistersthenwenttothebarangayofficialstoreporttheincidentand
8
lodgeacomplaintagainstappellant.
9
DR.LUDIVINO LAGATtestifiedthathewasthephysicianwho
conducted a physical and genital examination on the victim,
Flaviana Mendoza, on October 21, 1997, a few hours after the
alleged rape was committed. The victim was weak, needed
assistance to move,
and had difficulty answering questions. He
10
further testified that based on his examination, there could have
been prior sexual intercourse
without necessarily producing any
11
genitalinjuryonthevictim.
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7TSN,March17,1998,pp.217.
8TSN,April14,1998,pp.221.
9SometimesreferredtoasLudivicointherecords.
10InaffirmationofConclusionNo.2containedintheLivingCaseReportstated
as:
2. Hymen obliterated and its orifice wide (3.0 cm. in diameter) as to allow a complete
penetrationbyanaveragesized,adultFilipinomaleorganinfullerectionwithoutproducing
anygenitalinjury.SeeRecords,p.15.
11TSN,April28,1998,pp.27.
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Peoplevs.Nicolas
Forthedefense,appellantErnestoNicolasandhisnephewHerminio
Nicolastestified.
AppellantERNESTONICOLAStestifiedthatFlavianaMendoza
washisfirstcousinandthathelivedwithhisnephewsandniecesin
hisbrothershouse,locatedastreetawayfromthehouseofhisaunt,
Flavianas mother, where Flaviana was staying. On October 21,
1997,hewenttohisauntshouse,lookingforaplacetosleep,ashis
house was already closed. It was there that he saw Flaviana. Upon
seeing that there was no more space for him, he left. He also
testifiedthatearlierthatmorningFlavianassonJoelconfrontedhim
and told him to leave the house. Thereafter, he proceeded to his
brothershousenextdoor.Hewassleepingbythedoorwhenhewas
arrested by barangay officials. Thereafter, he was brought to the
CoastalPoliceStationwherehewasdetained.Heclaimedhedidnot
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knowthereasonforhisarrest.Hedeniedhavingsexualintercourse
with Flaviana and claimed that he had no idea why he was being
accusedofrapingher.HeadmittedthatheknewthatFlavianawas
12
almostparalyzed,mentallyandphysically.
Appellants nephew, HERMINIO NICOLAS, testified that at
around1:00A.M.ofOctober21,1997,ashearrivedfromaderby,
he saw Ernesto Nicolas sitting on a broken refrigerator. Appellant
said that he was just going to sleep where he sat, just 10 meters
away from where Flaviana was allegedly raped. At that time, the
witnesssaidhedidnotnoticeanythingunusualorstrange,onlythat
theoccupantsofthehousewerestillawake.Ataround2:00A.M.,
he saw appellant near his house, and by 3:00 A.M., he (Herminio)
13
wentinsidetosleep,andsawandheardnothingbeyond3:00A.M.
In its decision dated October 9, 1998, the trial court found
appellant guilty of the crime charged and rendered judgment as
follows:
WHEREFORE, PREMISES CONSIDERED, finding accused Ernesto
NicolasGUILTYbeyondreasonabledoubtforthecrimeofRapeasdefined
and penalized under No. 10, Art. 266B RA 8353, this Court hereby
sentenceshimtothemaximumpenaltyofDEATHandtosuffer
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12TSN,July6,1998,pp.28.
13TSN,August26,1998,pp.220.
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Peoplevs.Nicolas
the accessory penalties provided by law specifically Art. 40 of the Revised

PenalCode.Forthecivilliability,heisfurthercondemnedtoindemnifythe
heirs of the victim P50,000.00 in line with existing jurisprudence
P50,000.00asmoraldamagesandP50,000.00asexemplarydamages.
The Branch Clerk of Court is directed to prepare the Mittimus for the
immediate transfer of accused Ernesto Nicolas from Paraaque City Jail to
theBureauofCorrectionsinMuntinlupaCityandfinallytoforwardallthe
recordsofthiscasetotheSupremeCourtforautomaticreviewinaccordance
with Section 9 (sic) Rule 122 of the Rules of Court and Article 47 of the
RevisedPenalCodeasamendedbySection22ofRA7659.
14
SOORDERED.
This case is now before us on automatic review, with appellant

allegingthatthetrialcourt:
I. ...ERREDINFINDINGTHEACCUSEDAPPELLANT
ERNESTO NICOLAS Y OCAMPO GUILTY BEYOND
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REASONABLE DOUBT OF THE CRIME OF RAPE

DEFINED AND PENALIZED UNDER RA 8353 (THE
ANTIRAPE LAW OF 1997) AMENDING ART. 335 OF
THEREVISEDPENALCODE.
II. . . . GRAVELY ERRED IN CONVICTING HEREIN
ACCUSEDAPPELLANT DESPITE FAILURE ON THE
PART OF THE PROSECUTION TO PRESENT
THE
15
VERYCOMPLAINANTANNALIZAORMELITA.
Consideringtheassignederrors,twoissuesareforresolution.First,
whether or not it is indispensable for the prosecution to present
AnnalizaUrmelita,thedaughterofthevictimwhosubscribedtothe
complaint for rape. Second, whether or not the evidence for the
prosecution suffices to prove beyond reasonable doubt that
petitioner is guilty of the heinous crime of rape for which he has
beensentencedtodeath.
On the first issue, appellant contends that Annaliza Urmelita
shouldhavebeenpresentedinordertoidentifyhercomplaintduring
thetrial.Appellantaversthatherfailuretodosoamountstoalack
ofavalidcomplaint,becauseunderSection5,Rule110ofthe
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14Rollo,p.24.
15Id.,at41.
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Peoplevs.Nicolas
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1985 Rules on Criminal Procedure, such identification by

complainant is jurisdictional in a prosecution for rape. Appellant
also contends that Annalizas nonpresentation during trial violates
the constitutional right of the accused to meet and confront his
accuser.
For the appellee, however, the OSG avers that considering
Flavianasstateofhealth,itdevolveduponherchildren,ofsufficient
ageanddiscretion,toexecutethecomplaintonherbehalf.Notethat
17
Flavianasownparents,saidtobeaboutaged97, werealreadytoo
feeblefortheordeal.HerdaughterAnnalizaUrmelitaundertookthe
task and filed the affidavitcomplaint sufficient to vest jurisdiction
on the court. The OSG further contends that there was no need to
present Annaliza during trial since she did not witness the rape
incident. It was sufficient to have presented her siblings Joel and
Daisy who saw what had happened. These witnesses had in fact
been confronted and crossexamined by the defense, in satisfaction
18
oftherightoftheaccusedguaranteedundertheConstitution.
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161985RulesofCriminalProcedure,Rule110,Section5,paragraphs3and4:The
offensesofseduction,abduction,rapeoractsoflasciviousnessshallnotbeprosecuted
except upon a complaint filed by the offended party or her parents, grandparents or
guardian,nor,inanycase,iftheoffenderhasbeenexpresslypardonedbytheabove
named persons, as the case may be. In case the offended party dies or becomes
incapacitated before she could file the complaint and has no known parents,
grandparentsorguardian,theStateshallinitiatethecriminalactioninherbehalf.
The offended party, even if she were a minor, has the right to initiate the
prosecution for the above offenses, independently of her parents, grandparents, or
guardian,unlesssheisincompetentorincapableofdoingsoupongroundsotherthan
herminority.Wheretheoffendedpartywhoisaminorfailstofilethecomplaint,her
parents, grandparents, or guardian may file the same. The right to file the action
grantedtoparents,grandparentsorguardianshallbeexclusiveofallotherpersonsand
shallbeexercisedsuccessivelyintheorderhereinprovided,exceptasstatedinthe
immediatelyprecedingparagraph.
17SeeTSN,March17,1998,p.17.
18Rollo,pp.8789.
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Peoplevs.Nicolas
ThecontentionsoftheOSGarewelltaken.
Itistruethatatthetime,the1985RulesofCriminalProcedure
requiredasworncomplaintoftheoffendedpartyintheprosecution
of rape and other private crimes. The purpose of this requirement
wastoserveasaconditionprecedenttotheexercisebytheproper
19
authorities of the power to prosecute the guilty parties. The
overriding consideration in determining compliance with the
requirementistheintentanddeterminationoftheaggrievedpartyto
20
seek judicial redress. Once the requirement is satisfied by the
proper affidavit or complaint, the prosecutorial process is then
commenced, and the court could validly exercise its legally
mandatedjurisdictionovertherapecase.
The rule is that when the offended party has executed and
subscribedtoacomplaint,theprosecutionbeforethecourtmaybe
initiated
by means of an information signed by the prosecutor
21
alone. Butthereisnothingintherulethatrequiresthecomplaintto
stillbeidentifiedincourtduringtrial.Therule,inourview,isnot
vitiatedbythefactthatthecomplaintwassignedbythedaughterof
the disabled and mentally ill victim. Otherwise the rule would be
requiringtheimpossible,whichisabsurd.
AnnalizaUrmelitasaffidavitcomplaint,webelieve,issufficient
compliance with the rules. Annaliza swore to the contents of her
affidavitcomplaint, which was duly filed. Moreover, all of
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Flavianasotherchildrenhaveshowntheirintenttoproceedwiththe
case by actively participating in the trial. These include Ma.
Victoria, Joel, and Daisy, who were presented as witnesses. In our
view, it is clear that the offended partys children are firm in their
resolvetoseekjudicialredress.
Inanyevent,wehavepreviouslyruledinthecaseofPeoplevs.
22
Barrientos that any issue on the validity and sufficiency of the
complaintshouldberaisedinamotiontoquashtheinformation
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19SeePeoplevs.Bolado,226SCRA800(1993).
20Peoplevs.Barrientos,285SCRA221,234(1998).
21Peoplevs.Ramirez,136SCRA702,705(1985).
22Supra,note20,285SCRA221(1998)citingPeoplevs.Garcia,G.R.No.120093,
281SCRA463(1997).
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Peoplevs.Nicolas
23
24
pursuanttoSection3, Rule117oftheRulesofCourt. Asinthe

cited case of Barrientos, this Court considers any attack on the
validity and efficacy of the affidavitcomplaint at this time rather
belated.
Wemustalsonotethat,evenifconsideredinthelightofcurrent
provisionsoflawandtherules,thesamerulingwouldbereached.
25
UnderR.A.8353, rape has been26reclassified from being a private
crimeintoacrimeagainstpersons. Asaresult,theprosecutionof
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23
SEC. 3. Grounds.The accused may move to quash the complaint or
informationonanyofthefollowinggrounds:
(a) Thatthefactschargeddonotconstituteanoffense
(b) Thatthecourttryingthecasehasnojurisdictionovertheoffensechargedor
thepersonoftheaccused
(c) Thattheofficerwhofiledtheinformationhadnoauthoritytodoso
(d) Thatitdoesnotconformsubstantiallytotheprescribedform
(e) Thatmorethanoneoffenseischargedexceptinthosecasesinwhichexisting
lawsprescribeasinglepunishmentforvariousoffenses
(f) Thatthecriminalactionorliabilityhasbeenextinguished
(g) Thatitcontainsavermentswhich,iftrue,wouldconstitutealegalexcuseor
justificationand
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(h) That the accused has been previously convicted or in jeopardy of being
convicted,oracquittedoftheoffensecharged.
24ExceptionscitedintheGarciacasearethegroundsofnooffensecharged,lackof
jurisdictionovertheoffensecharged,extinctionoftheoffenseorpenalty,andjeopardy.
25
AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE
RECLASSIFYINGTHESAMEASACRIMEAGAINSTPERSONS,AMENDING
FORTHEPURPOSEACTNO.3815,ASAMENDED,OTHERWISEKNOWNAS
THEREVISEDPENALCODE,ANDFOROTHERPURPOSES.
26 R.A. 8353, Section 2. Rape as a Crime Against Persons.The crime of rape
shallhereafterbeclassifiedasaCrimeAgainstPersonsunderTitleEightofActNo.
3815,asamended,otherwiseknownastheRevisedPenalCode.xxx
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Peoplevs.Nicolas
thecrimeofrapehasbeeneffectivelyremovedfromtheambitofthe
requirements of Chapter Five, Title Eleven of the Revised Penal
Code and Section 5, Rule 110 of the 1985 Rules of Criminal
Procedure. Wenote further thaton December 1, 2000, the Revised
Rules on Criminal Procedure took effect and, following the
amendments brought about by R.A. 8353,27Section 5, Rule 110
thereof has correspondingly
been amended. Rape may now be
28
prosecuteddeoficio.
As to the alleged violation of appellants right to confrontation,
wefindappellantscontentionwithoutmerit.
Therighttoconfrontationhasatwofoldpurpose:(1)primarily,
to afford the accused an opportunity to test the testimony of the
witness by crossexamination and (2) secondarily,
to allow the
29
judgetoobservethedeportmentofthewitness.
In this case, Annaliza was the one who signed the complaint,
considering the physical disability of her paralyzed mother.
However,itwashersisterDaisyandbrotherJoelwhosawwhathad
happenedonOctober21,1997.Theoccurrencesthatconstitutethe
crimechargedwereculledfromtheirtestimony.Notably,appellant
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27 2000 Revised Rules of Criminal Procedure, Rule 110, Section 5, paragraphs 3
and 4: The offenses of seduction, abduction and acts of lasciviousness shall not be
prosecuted except upon a complaint filed by the offended party or her parents,
grandparentsorguardian,nor,inanycase,iftheoffenderhasbeenexpresslypardoned
byanyofthem.Iftheoffendedpartydiesorbecomesincapacitatedbeforeshecanfile
the complaint, and has no known parents, grandparents or guardian, the State shall
initiatethecriminalactioninherbehalf.
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Theoffendedparty,evenifaminor,hastherighttoinitiatetheprosecutionofthe
offenses of seduction, abduction and acts of lasciviousness independently of her
parents,grandparents,orguardian,unlesssheisincompetentorincapableofdoingso.
Where the offended party, who is a minor, fails to file the complaint, her parents,
grandparents, or guardian may file the same. The right to file the action granted to
parents,grandparents,orguardianshallbeexclusiveofallotherpersonsandshallbe
exercised successively in the order herein provided, except as stated in the
immediatelyprecedingparagraph.
28Peoplevs.Yparraguirre,G.R.No.124391,335SCRA69(2000).
29
J.G. Bernas, THE 1987 PHILIPPINE CONSTITUTION, A REVIEWER
PRIMER,164(3rded.,1997).
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Peoplevs.Nicolas
hadtheopportunitytoconfrontbothDaisyandJoel,alongwiththe
otherprosecutionwitnesses.DaisyandJoelwerepresentedincourt,
and their testimonies were adequately tested by the defense who
subjectedthemtocrossexamination.Likewise,thejudgehadample
opportunitytoobservetheirdemeanorwhiletestifying,andevaluate
their testimony. The judge
found their testimony candid,
30
straightforwardandcredible. Itwasnot,inourview,indispensable
under the circumstances of this case to present Annaliza on the
witnessstand.
Now, we resolve the second issue. Has appellants guilt been
provedbeyondreasonabledoubt?
Rape is committed by, interalia, having carnal knowledge
of a
31
woman who is deprived of reason or otherwise unconscious. The
prosecution needs to prove in this case (1) the fact of sexual
intercoursebetweentheaccusedandthevictimand(2)themental
disability of the latter. Being deprived of reason
means to suffer
32
frommentalabnormality,deficiencyorretardation.
Atthetrial,boththementalandthephysicalstatesofthevictim
wereprovedbytestimoniesofwitnessesandbyherclinicalrecords
presentedbytheprosecution.Witnessestestifiedthat
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30Rollo,p.62.
31UnderArticle335,oftheRevisedPenalCode,asamendedbyR.A.7659,which
provides:
ART. 335. When and how rape is committed.Rape is committed by having carnal
knowledgeofawomanunderanyofthefollowingcircumstances:
1. Byusingforceorintimidation
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2. Whenthewomanisdeprivedofreasonorotherwiseunconsciousand
3. Whenthewomanisundertwelveyearsofageorisdemented.
xxx
32Peoplevs.Magabo,G.R.No.139471,350SCRA126,131(2001),citingPeople
vs.Reyes,G.R.No.113781,315SCRA563,577(1999),citingPeoplevs.Andaya,G.R.
No.126545,306SCRA202,214(1999),citingPeoplevs.Guerrero,G.R. No. 95031,
242SCRA606,617(1995).
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Peoplevs.Nicolas
33
Flaviana was physically incapable of moving about on her own.

Shehaddifficultyunderstandingwhatwasbeingsaidtohershedid
34
notrecognizepeoplearoundher,notevenmembersofherfamily.
35
Appellanthimselfadmitted thatFlavianasufferedfrommentaland
physicaldisorders.
Whatremainstobeprovediswhetherornotappellanthadsexual
intercourse with Flaviana Mendoza. On this point, the prosecution
presentedthepositivetestimoniesofDaisyandJoelMendoza,both
children of the victim. They positively identified appellant Ernesto
Nicolas, and they categorically testified under oath in open court
that they saw appellant in the act of sexually abusing their invalid
motheronorabout3:00A.M.ofOctober21,1997.
However,appellantdeniesthechargeofrape,statingthathedid
not have sexual intercourse with Flaviana Mendoza. He presented
his nephew, Herminio Nicolas, who testified that nothing unusual
happenedat3:00A.M.ofOctober21,1997.Appellantthenattacked
the credibility of the testimony of eyewitness Daisy Mendoza,
saying that it was unusual and contrary to human experience and
deservedscantconsideration.
Wenotethatingivingcredencetotheprosecutionsevidence,the
trial court stated that the testimonies of prosecution witnesses,
including Daisy Mendoza, were delivered in a candid and
straightforward manner. The court observed them
to be pained and
36
understresswhiletestifyingagainstarelative. Timeandagainthis
Courthasaccordedgreatweighttofactualfindingsofthetrialcourt,
particularly as regards credibility of witnesses, for it had the
opportunity
to observe firsthand the deportment and demeanor of
37
witnesses.
Moreover,acarefulperusaloftherecordsofthiscaseshowsthat
appellants defense of denial is weak. It was not positively
corroborated even by his nephew, who merely testified as to the
occur
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33 TSN, February 24, 1998, p. 7 TSN, April 14, 1998, pp. 1819. See also TSN,
March17,1998,pp.1213.
34TSN,February24,1998,p.7.
35TSN,July6,1998,pp.1112.
36Rollo,p.62.
37Peoplevs.Balgos,G.R.No.126115,323SCRA372,380(2000).
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Peoplevs.Nicolas
rences in the area prior to the time of the alleged rape. Denial and
alibiunsubstantiatedbyclearandconvincingevidencearenegative
and selfserving. They cannot be given greater evidentiary weight
over the testimonies
of credible witnesses who testified on
38
affirmativematters.
Inassailingthecredibilityoftheprosecutionwitnesses,appellant
averredthatitwasunlikelyforrapetobeperpetratedinacrowded
place,suchasthehousewhereFlavianawasstaying.Inalongline
ofcases,however,wehaveheldthatthepresenceofotherpeoplein
thevicinitydoesnotdeterthecommissionofrapethereisnorule
39
thatrapecanbecommittedonlyinseclusion. Lustisnorespecter
of time or place rape can be committed in small, confined places
like a oneroom
shack, and in the presence of other family
40
members.
According to appellant, the behavior of prosecution witness
DaisyMendoza,wholefttocallherbrotherwhenshesawappellant
sexuallymolestinghermother,wasunnatural.Appellantinsiststhat
the natural reaction would have been for Daisy to immediately
retaliateorwakehergrandparentstoaskforhelp,insteadofleaving
thehouse.
But as pointed out by the Office of the Solicitor General in its
brief for the appellee, witness Daisy Mendoza was only 15 years
old,andsheadmitteditwasherfirsttimetobeconfrontedwithsuch
41
asituation. Shewasinnopositiontostopagrown39yearoldman
intheheatofpassion.Sheevenconsideredhimasanuncle.Itwas
the most natural thing for her to summon her older brother, who
could better deal with the beastly situation. The fact that her
grandparents were not awakened when she went out
is immaterial.
42
Bothgrandparentswerealreadyabout97yearsold at
_______________
38Peoplevs.Llamo,G.R.No.132138,323SCRA791,806(2000).
39Peoplevs.Bato,G.R.No.134939,325SCRA671,678(2000).
40Peoplevs.LagartoandCordero,G.R.Nos.118828&119371,326SCRA693,746
(2000).
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41Rollo,pp.8081.
42 TSN, March 17, 1998, p. 17. See also TSN, April 14, 1998, p. 22, where Joel
Mendozatestifiedthathisgrandmotherwas94yearsoldwhiletheirgrandfatherwas
96yearsold.
652
652
Peoplevs.Nicolas
43
thattime,andalsodidnotevennoticeappellantentertheirhouse.
Likeher,theywouldbehelplesstodealwiththerepulsivebehavior
ofappellant.
In sum, we hold that appellants guilt has been established
beyondreasonabledoubtbytheprosecution.However,inourview,
it was error for the trial court to impose the penalty of death on
appellant.
As aforementioned, the trial court convicted appellant based on
R.A.
8353, particularly under the provisions of Article 266B, No.
44
10 thereof.Thisiserroneous.R.A.8353tookeffectonOctober22,
45
1997, which was one day after the commission of the crime on
46
October 21, 1997. The Constitution prohibits ex post facto laws.
WhatproperlyappliestothepresentcasearetheprovisionsofR.A.
47
7659, which was the law in effect on the day when the rape was
committed.
48
Under Sec. 11 of R.A. 7659, only seven circumstances called
for the mandatory imposition of death on the offender. The
qualifying
_______________
43TSN,March17,1998,p.20.
44ART.266B.Penalties.xxx
Thedeathpenaltyshallbeimposedifthecrimeofrapeiscommittedwithanyofthefollowing
aggravating/qualifyingcircumstances.
xxx
10.) When the offender knew of the mental disability, emotional disorder and/or physical
handicapoftheoffendedpartyatthetimeofthecommissionofthecrime.
xxx
45 See R.A. 8353, Section 5 stating that the Act shall take effect 15 days after
completion of its publication in two newspapers of general circulation. Publication

wasinfactmadeintheMalayanewspaperonOctober7,1997,andhence,tookeffect
15daysthereafter,oronOctober22,1997.
46ARTICLEIII,Section22,1987Constitution.
47WhichtookeffectonDecember31,1993.
48ART.335.Whenandhowrapeiscommitted.xxx
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xxx
Thedeathpenaltyshallalsobeimposedifthecrimeofrapeiscommittedwithanyofthe
followingcircumstances:
653
653
Peoplevs.Nicolas
circumstance of when the offender knew of the mental disability,

emotionaldisorderand/orphysicalhandicapoftheoffendedpartyat
the time of the commission of the crime was only added later,
underR.A.8353.Itcouldnotbeappliedheretoqualifyappellants
offenseandjustifythedeathsentence.Theproperpenaltyimposable
in this case is that provided for under R.A. 7659 for simple rape,
whichisonlyreclusionperpetua.
Nonetheless, it behooves this Court to state that even under the
newrapelaw,R.A.8353,thedeathpenaltywouldstillbeimproper.
As the law now stands in Article 266B, paragraph 10, of the
Revised PenalCode as amended,knowledge of the offenderofthe
mentaldisabilityofthevictimatthetimeofthecommissionofthe
crimeofrapequalifiesthecrimeandmakesitpunishablebydeath.
But such knowledge must be alleged in the information since a
crime can49only be qualified by circumstances pleaded in the
indictment. Toholdotherwisewouldresultinadenialoftheright
of the accused to be informed of the charges against him, hence a
denialofdueprocess.
_______________
1. When the victim is under eighteen (18) years of age and the offender is a
parent,ascendant,stepparent,guardian,relativebyconsanguinityoraffinity
withinthethirdcivildegree,orthecommonlawspouseoftheparentofthe
victim.
2. Whenthevictimisunderthecustodyofthepoliceormilitaryauthorities.
3. Whentherapeiscommittedinfullviewofthehusband,parent,anyofthe
childrenorotherrelativeswithinthethirddegreeofconsanguinity.
4. Whenthevictimisareligiousorachildbelowseven(7)yearsold.
5. When the offender knows that he is afflicted with Acquired Immune
DeficiencySyndrome(AIDS)disease.
6. WhencommittedbyanymemberoftheArmedForcesofthePhilippinesor
thePhilippineNationalPoliceoranylawenforcementagency.
7. When by reason or on the occasion of the rape, the victim has suffered
permanentphysicalmutilation.(AsamendedbySection11,R.A.7659.)
49Peoplevs.Magabo,G.R.No.139471,350SCRA126,136(2001).
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654
654
Peoplevs.Nicolas
Aclosereadingoftheamendedinformationfiledbytheprosecutor
showsthatthefactofappellantsknowledgeofFlavianascondition
at the time the rape was committed was not alleged therein. This
omission rules out any finding of qualified rape as defined by
statute. Thus, notwithstanding proof of such knowledge, appellant
couldonlybeheldliableforthecrimeofsimplerape.
As to appellants 50civil liability, we find in order the award of
51
P50,000asindemnity andofanotherP50,000asmoraldamages.
However, the award of P50,000 as exemplary damages should
be
52
reducedtoonlyP25,000,pursuanttocurrentjurisprudence.
WHEREFORE, the decision of the Regional Trial Court of
Paraaque City, Branch 259, is hereby MODIFIED. Appellant
ERNESTO NICOLAS is found GUILTY beyond reasonable doubt
of the crime of Rape. He is sentenced to suffer the penalty of
reclusionperpetua.Heisalsoorderedtopaytotheconcernedheirs
of the victim, Flaviana Mendoza, P50,000 as civil indemnity,
P50,000 as moral damages, and P25,000 as exemplary damages,
togetherwiththecosts.
SOORDERED.
Bellosillo(Actg.C.J.),Puno,Vitug,Mendoza,Panganiban,
YnaresSantiago,Carpio,AustriaMartinezandCorona,JJ.,concur.
Davide,Jr.(C.J.)andSandovalGutierrez, JJ., On official
leave.
Judgmentmodified.
_______________
50Peoplevs.Garcia,G.R.No.141125,February28,2002,p.14,378SCRA266.
51Peoplevs.Garcia,G.R.No.139753,May7,2002,p.13,381SCRA722.
52Peoplevs.Lachica,G.R.No.143677,May9,2002,p.24,382SCRA162.
655
VOL.387,AUGUST22,2002
655
Mendigorinvs.Cabantog
Note.Qualifying circumstances must be alleged in the

information or complaint to justify the imposition of the extreme
penalty.(Peoplevs.Abella,315SCRA36[1999])
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o0o
Copyright2016CentralBookSupply,Inc.Allrightsreserved.
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rape can be committed only in seclusion. Lust is no respecter of time or

For automaticreviewis thedecision dated October 9, 1998 of the

Mendoza, a paralyzed, 53 years (sic) old, mother of complainant, and who

home in September of that same year, Flavianas medical records

the accessory penalties provided by law specifically Art. 40 of the Revised

This case is now before us on automatic review, with appellant

REASONABLE DOUBT OF THE CRIME OF RAPE

1985 Rules on Criminal Procedure, such identification by

pursuanttoSection3, Rule117oftheRulesofCourt. Asinthe

SEC. 3. Grounds.The accused may move to quash the complaint or

AN ACT EXPANDING THE DEFINITION OF THE CRIME OF RAPE

J.G. Bernas, THE 1987 PHILIPPINE CONSTITUTION, A REVIEWER

Flaviana was physically incapable of moving about on her own.

completion of its publication in two newspapers of general circulation. Publication

circumstance of when the offender knew of the mental disability,

Note.Qualifying circumstances must be alleged in the

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