INCREDIBLE

A LAW EACH DAY (Keeps Trouble Away) By Jose C. Sison (The Philippine Star) | Updated
February 8, 2017 - 12:00am

In rape cases, the conviction or acquittal of the accused virtually depends entirely on the
credibility of the complainant’s testimony because of the fact that usually, only the
participants can testify as to its occurrences. This is the rule applied in this case of Dulce.

Dulce was a teen-age high school student in the Municipal High School of their town located
down south. She was staying in a boarding house as her parents were residing in another
barangay of the town.

The first incident that led to the filing of two rape cases by Dulce happened during the junior-
senior prom of the high school held at the town’s basketball court. Dulce was there and decided
to go back to the boarding house at about 11 p.m. On the way back she met her sweetheart
Randy who wanted to talk to her. They proceeded to the nearby municipal stage holding hands
along the way and sat down at one side. Then Randy started to romance Dulce by embracing
and kissing her until they had sexual intercourse on the floor of the stage due to their seemingly
un-controllable amorous feelings.

After their sexual congress, Randy called out his friend Jerry who was also around although out
of sight while the two were romancing and having sexual intercourse. Randy then told Jerry,
“come here Bay it is now your turn.” So Jerry also satisfied his lust as Dulce shouted “My Lord
help me” and reproached Jerry when she recognized Jerry’s voice by telling him that they were
related. Jerry just replied saying “if another person can get you why not your
relative.”Afterwards, Dulce returned to her boarding house appearing composed and unruffled
as she even conversed with her co-boarders regarding the prom, went to sleep and woke up at
5 a.m., her usual hour of waking up. Then she went home to her parents for the weekend which
was her usual practice. She did not however confide to them what happened to her.

So the following week Randy had another tryst with Dulce that ended in another sexual
intercourse at the school plaza of the Municipal High School. Then Jerry again appeared and
took his turn in having sexual intercourse with Dulce following the same modus operandi the
week before.

Randy and Jerry were eventually charged with multiple rape only about almost a year later on
the sworn complaint of Dulce who accused them of conspiring and confederating with each
other in having sexual intercourse with her through force and intimidation.

The two cases (Nos. 872 and 873) were tried jointly where Dulce told the court how she and
Randy first had their sexual congress at the Municipal stage. She said that after the sexual
congress, Randy did not immediately stand and dress up and just sat on top of her thus
enabling Jerry to box her thighs and to rape her as Randy ran away.

On cross examination however, Dulce told the court that Randy was not actually sitting on top of
her after their sexual intercourse but was just squatting near her feet about two feet away. Then
she also said that Randy and Jerry ran away together.

Randy told the court a different version. He said that he proceeded to the boarding house of
Dulce to see her as it was their agreement. He invited her to stroll around the school site as the
junior-senior prom was going on at the basketball court then proceeded to the school stage
where they conversed and prepared themselves for a sexual intercourse. They were about to
engage in sexual intercourse when suddenly a person lighted the match over their heads.
Seeing about three persons they stood up hurriedly put on their pants and ran away.

Randy also told the court that the three persons turned out to be his barkadas Lando, Mando
and Jerry who followed him and went under the stage to watch them. But not contented, they
also went up the stage to observe what they were doing and it was Lando who lit a match
looking for his slippers.

The trial court found Randy and Jerry guilty of rape only in Case No. 872 and sentenced each of
them to suffer the penalty of reclusion perpetua and pay the corresponding damages. For
insufficiency of evidence, they were acquitted in Case No. 873. They appealed the decision in
this case contending that the trial court erred in not likewise acquitting them of rape in the first
incident.

The Supreme Court said that Randy and Jerry should also be acquitted of rape in the first
incident. The SC said that Dulce’s testimony shows an inherent lack of credibility on crucial
points as well as disturbing inconsistencies which cast serious doubts on its veracity. First she
said that Randy was sitting on top of her but later said on cross examination that he was
squatting two feet away. She also said that Randy first ran away as Jerry was raping her but
changed her testimony and said the both ran away together.

The SC likewise ruled that whether Randy was sitting or even squatting near her feet pinning
her body by holding her hands, thereby covering her thighs, it would be well nigh impossible for
Jerry to box her thighs. Dulce’s testimony also shows that there was no physical struggle
on her part proving vehement refusal to submit to sexual intercourse complained of, nor
of the obstinate resistance naturally expected from an unwilling victim. Her conduct
immediately following the alleged sexual assault was wholly inconsistent with the
charge of rape as it was too perfunctory and unconcerned about her traumatic ordeal.
Her failure to immediately notify the authorities or even her parents after her agonizing
experience also seriously affects the truthfulness of her narration.

So Randy and Jerry should really be acquitted of the crime of rape (People vs. Castillon and
Cabaes, G.R. 100586, January 15, 1993)