Republic of the Philippines

COURT OF APPEALS
MANILA

SPECIAL FOURTEENTH DIVISION

THE PEOPLE OF THE CA-G.R. CR-HC No. 09667

PHILIPPINES,
Plaintiff-Appellee, Members:

LOPEZ, M.V.,
-versus- Chairperson
GALAPATE-LAGUILLES, and
*
MARTIN R.R.B., JJ.
ERLITO MANABAT y
PAYUMO, Promulgated:
Accused-Appellant.
December 17, 2018
X------------------------------------------------------------------------------------X

DECISION

LOPEZ, M.V., J.:

Accused Erlito Manabat y Payumo is charged with

rape, in relation to R.A. 7610, 1 under the following
Information:

That on or about February 08, 2010

in Orion, Bataan, Philippines, and within
the jurisdiction of this Honorable Court,
the said accused, thru force and
intimidation, did then and there willfully,
unlawfully and feloniously succeed in
having carnal knowledge of his daughter
AAA, 16 years old, thereby subjecting her
to sexual abuse, against her will and
consent, to her damage and prejudice.

*
Acting Junior Member, as per Office Order No. 592-18-RFB dated November 29, 2018.
1
An Act Providing for Stronger Deterence and Special Protection Against Child Abuse, Exploitation
and Discrimination, and for Other Purposes.
CA-G.R. CR-HC No. 09667
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CONTRARY TO LAW.2

Accused pleaded not guilty when arraigned, 3 hence,

trial ensued.

AAA4 was sixteen (16)5 years old when the rape

incident took place on February 8, 2010. About 5:00 o'clock
in the morning of that fateful day, she was sleeping in their
house at Barangay Sta. Elena, Orion, Bataan, and was
awakened with the accused on top of her. She was naked
while the accused was not wearing his lower garments. The
accused then held her hands and inserted his penis into
her vagina. She felt pain and cried. She wanted to fight
back, but she was afraid that the accused might hurt her.
When the accused was done with his bestial acts, he left the
house. AAA, meanwhile, started preparing for school and
left. When she arrived at school, she looked for her teacher,
Juanita Sangalang, to report what the accused did to her.
However, she did not find Sangalang, so she went to her
house in Barangay Camachile in Orion, Bataan. When she
found Sangalang, she told her that the accused raped her.
Sangalang then accompanied her to the police station to file
a complaint. Afterwards, AAA was examined in Bataan
General Hospital. Dr. Zandro E. Lacsamana, the medico
legal, issued a certificate 6 indicating the following: Hymenal
right not intact with deep blunt laceration on the 1, 4, 6, 9
o'clock position.

Accused denied the charges. He claimed that, on

February 8, 2010, about 2:00 o'clock in the morning, he left
the house to fish, together with his companions, while his
three (3) children, AAA, BBB and CCC, were still sleeping.
When he returned to the house around 6:00 o'clock in the
2
Records, pp. 1-2.
3
Id., p. 14. Certificate of Arraignment.
4
Per the Supreme Court's Resolution dated 19 September 2006 in A.M. No. 04-11-09-SC, as well as
its ruling in People v. Cabalquinto (G.R. No. 167693, 19 September 2006, 502 SCRA 419), pursuant
to Republic Act No. 9262 or the "Anti-Violence Against Women and Their Children Act of 2004"
and its implementing rules, the real name of the victims and their immediate family members other
than the accused are to be withheld and fictitious initials are to be used instead. Likewise, the exact
addresses of the victims are to be deleted.
5
Records, p. 88. AAA was born on January 21, 1994.
6
Id., p. 7.
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morning, AAA and his brother, BBB, were preparing for

school. Accused then began sorting the shrimps that he was
able to catch, then brought them to the market to be sold.
He returned home from the market around 8:00 o'clock in
the morning. Around 4:00 o'clock in the afternoon, he left
the house again to fetch AAA and BBB from school.
However, he was told that AAA spent only half-day in school
and left early. Accused searched for AAA. First, he went to
Barangay Capunitan in Orion, Bataan where AAA's
boyfriend, Joven Arnella, lives, but he did not find her
there. Then, he went to Limay, Bataan where Joven works.
There, someone told the accused that a girl wearing a
school uniform fetched Joven, and they left together. Not
knowing where to find AAA, accused decided to go home.
Around 7:00 o'clock in the evening, police officers came to
his house and invited him to come to the barangay hall.
Accused went with the police, but he was brought to the
police station, instead of the barangay hall. At the station,
he learned that he was being charged with rape. Accused
averred that he did not rape AAA. She was only mad at him
because of a previous incident when he scolded her because
she did not come home one night, and when she came
home the following day, he noticed a kissmark on her chest.
Because of that, he confiscated her cellphone and prevented
her from seeing Joven. Since then, AAA has been holding a
grudge against him.

In its Decision dated July 21, 2017, 7 the trial court

found the accused guilty and sentenced him as follows:

WHEREFORE, in the light of the foregoing,

accused xxx is hereby found GUILTY beyond
reasonable doubt for the offense of Rape
qualified by the aggravating circumstance of
minority and relationship, and the Court
sentences accused xxx to suffer the penalty of
DEATH. However, by virtue of R.A. 9346, the
accused xxx is hereby sentenced to suffer the
penalty of reclusion perpetua, without
eligibility for parole.

7
Id., pp. 131-144.
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Further, accused xxx is ordered to pay

AAA the following:
1. civil indemnity in the amount of
P75,000.00;
2. moral damages in the amount of
P50,000.00;
3. exemplary damages in the amount of
P30,000.00;
4. interest on all damages awarded at the
legal rate of 6% per annum from the date of
finality of this judgment until full payment.

SO ORDERED.

In this appeal, accused (now appellant) contends that

the trial court erred in convicting him despite the serious
inconsistency and improbability of AAA's testimony. In her
sworn statement, she alleged that appellant sexually
abused her several times which started when she was seven
(7) years old. The last time appellant sexually abused her
was on February 8, 2010. AAA, however, failed to confirm
this during her oral testimony in court. It is also improbable
that appellant was able to undress AAA without waking her.
Lastly, the medico-legal report failed to indicate that the
deep blunt lacerations on AAA's hymen are fresh, or in the
process of healing.

The appeal lacks merit.

The enactment of Republic Act (RA) No. 8353,

otherwise known as the Anti-Rape Law of 1997, reclassified
the crime of rape as a crime against persons. It also
amended Article 335 of the Revised Penal Code and
incorporated Article 266-A as follows:

Art. 266-A. Rape, When and How

Committed. – Rape is committed-

1. By a man who shall have carnal

knowledge of a woman under any of
the following circumstances:
CA-G.R. CR-HC No. 09667
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a. Through force, threat or

intimidation;
b. When the offended party is
deprived of reason or is
otherwise unconscious;
c. By means of fraudulent
machination or grave abuse of
authority;
d. When the offended party is
under twelve (12) years of age
or is demented, even though
none of the circumstances
mentioned above be present;

2. By any person who, under any of

the circumstances mentioned in
paragraph 1 hereof, shall commit an
act of sexual assault by inserting his
penis into another person’s mouth or
anal orifice, or any instrument or
object, into the genital or anal orifice
of another person.
Thus, rape can now be committed either through
sexual intercourse or through sexual assault. In rape under
paragraph 1 or rape through sexual intercourse, carnal
knowledge is the crucial element which must be proven
beyond reasonable doubt and must be attended by any of
the circumstances enumerated in subparagraphs (a) to (d)
of paragraph 1. On the other hand, rape under paragraph 2
is commonly known as rape by sexual assault. The
perpetrator, under any of the attendant circumstances
mentioned in paragraph 1, commits this kind of rape by
inserting his penis into another person’s mouth or anal
orifice, or any instrument or object into the genital or anal
orifice of another person.8

To determine the guilt or innocence of the accused in

rape cases, the courts are guided by three settled principles:
(a) an accusation for rape is easy to make, difficult to prove
and even more difficult to disprove; (b) in view of the
intrinsic nature of the crime, the testimony of the
complainant must be scrutinized with utmost caution; and
8
People of the Philippines v. Doney Gaduyon y Tapispisan, G.R. No. 181473, November 11, 2013.
CA-G.R. CR-HC No. 09667
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(c) the evidence of the prosecution must stand on its own

merits and cannot draw strength from the weakness of the
evidence for the defense. Rape is essentially committed in
relative isolation or even secrecy. As such, it is usually only
the victim who can testify with regard to the fact of the
forced coitus. In its prosecution, therefore, the credibility of
the victim is almost always the single and most important
issue to deal with. If her testimony meets the test of
credibility, the accused can justifiably be convicted on the
basis thereof; otherwise, he should be acquitted of the
crime.9

Findings of fact by the trial court are accorded great

weight, and are even held to be conclusive and binding
unless they were tainted with arbitrariness or oversight.
This is a recognition that the trial court is better situated to
assess the testimonies and evidence laid out before it
during the trial.10 In this case, the trial court did not err in
giving credence to the testimony of AAA who gave a detailed
and straightforward account of how she was sexually
abused by appellant, to wit:

Q: Could you please tell us how your father

was able to rape you?
A: At five xxx a.m. xxx that day while we
were all sleeping, I just felt that my father
was on top of me and I was no longer
wearing anything, xxx and I could not do
anything xxx because I was afraid that he
might hurt me.
Q: And you said that at that time when you
noticed that your father was already on top
of you, you were already naked, what
about your father?
A: He was no longer wearing his lower
garments xxx.
Q: xxx what happened next[,] if any?
A: He held both of my hands and he
started raping me xxx.

9
People of the Philippines v. Herminigildo B. Tabayan, G.R. No. 190620, June 18, 2014.
10
People of the Philippines v. Domingo Gallano y Jaranilla, G.R. No. 184762, February 25, 2015.
CA-G.R. CR-HC No. 09667
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Q: When you said your father started

raping you, what was he doing?
A: He inserted his penis inside my vagina.
Q: What were you doing while your father
was inserting his penis inside your vagina?
A: I just cried xxx.
Q: Why did you just cry?
A: Because I wanted to fight back but I
cannot do that xxx because I was afraid
that he might hurt me.
Q: xxx What did you feel at that time?
A: I was hurt xxx.
Q: What part of your body was hurt?
A: My vagina xxx.
Q: Now, after your father was able to insert
his penis into your vagina, what happened
next?
A: “Tinuloy-tuloy na po niya hanggang sa
makayari siya.”
Q: What do you mean when you said
“tinuloy-tuloy na niya hanggang sa
makayari siya?”
A: He continued inserting his penis into my
vagina.
Q: And what do you mean by “hanggang sa
makayari siya”?
A: Hanggang makayari siya sa ginagawa
niya (Until he was through or finished with
what he was doing.)
Q: xxx what happened next[,] if there was
any?
A: I put on or wore back my clothes xxx.
Q: What about your father, what did he
do?
A: He went out of the house.
Q: After your father went out of the house,
what did you do?
A: I started preparing for school xxx.
Q: Did you go to school that day?
A: Yes sir, I went to school and looked for
my teacher, Juanita Sangalang, but I did
not find her in the school so I went to her
house xxx.
xxx
Q: Why did you look for your teacher xxx?
A: In order to report to her everything that
my father did to me xxx.
CA-G.R. CR-HC No. 09667
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xxx
Q: And upon finding her, what did you do?
A: I reported to her xxx.
Q: What report did you tell her?
A: That my father raped me xxx.
Q: xxx what happened next[,] if any?
A: She accompanied me to the municipal
hall to file the complaint xxx.11

Testimonies of child victims are normally given full

weight and credit, since when a girl, particularly if she is a
minor, says that she has been raped, she says in effect all
that is necessary to show that rape has in fact been
committed. When the offended party is of tender age and
immature, courts are inclined to give credit to her account
of what transpired, considering not only her relative
vulnerability but also the shame to which she would be
exposed if the matter to which she testified is not true.
Youth and immaturity are badges of truth and sincerity. 12

It bears no importance that AAA failed to elaborate,

during her direct testimony, on the previous sexual abuses
of appellant as alleged in her sworn statement. The
information filed against the appellant is the sexual abuse
committed on February 8, 2010, and which AAA established
in her testimony. Indeed, discrepancies between sworn
statements and testimonies made at the witness stand do
not necessarily discredit the witness. Sworn
statements/affidavits are generally subordinated in
importance to open court declarations because the former
are often executed when an affiant’s mental faculties are not
in such a state as to afford her a fair opportunity of
narrating in full the incident which has transpired. 13
Consequently, AAA's failure to confirm and elaborate on the
past sexual abuses committed by appellant does not
diminish her credibility.

11
TSN, March 7, 2012, pp. 3-5.
12
People of the Philippines v. Marciano Cial y Lorena, G.R. No. 191362, October 9, 2013.
13
People of the Philippines v. Herminigildo B. Tabayan, supra.
CA-G.R. CR-HC No. 09667
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Also, the absence of fresh lacerations on AAA’s hymen

does not dispel appellant's guilt. The absence of fresh
lacerations in the hymen cannot be a firm indication that
AAA was not raped. It is settled that hymenal lacerations
are not an element of rape.14

That AAA was not awakened while the appellant was

undressing her is not at all improbable. Growing children
are wont to sleep more soundly than grown-ups and are not
easily awakened by adult exertions, gyrations or
suspirations in the night.15 Young people tend to sleep
deeper than adults. Hence, it is not improbable that
appellant was able to undress AAA without waking her up.

Against AAA’s testimony, appellant can only set up the

inherently weak defenses of denial and alibi. Appellant
denies the charges against him but failed to produce any
supporting evidence nor a single witness to stand in his
favor. And while he claims that he was out on the sea
fishing when the alleged rape happened around 5:00 o'clock
in the morning, he admitted that it takes only five (5)
minutes to go to the sea from their house and vice versa.16
Thus, there is no physical impossibility for the appellant to
be at the scene of the crime because he could have easily
gone back and forth between the sea and their house.

For one to be convicted of qualified rape, at least one

of the aggravating/qualifying circumstances mentioned in
Article 266-B17 of the Revised Penal Code, as amended,
14
People of the Philippines v. Jerusalem Esteban y Ballesteros, G.R. No. 200920, June 9, 2014.
15
People of the Philippines v. Sonny Mayao, G.R. No. 170636, April 27, 2007.
16
TSN, February 2, 2016, pp. 4-5.
Q: Now that sea where you went to fish on that date and time. How far was it from your house xxx?
A: It's quite far from our house, sir.
Q: Coming from your house in Sta. Elena and going to that sea, how far will it take you to go to that
sea?
A: About five (5) minutes, sir.
Q: So in five minutes time, if you will go to the sea coming from your house, you will get to the sea
in five minutes time[,] correct?
A: Yes[,] sir.
17
ART. 266-B. Penalties. – Rape under paragraph 1 of the next preceding article shall be punished by
reclusion perpetua.
xxx
The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
CA-G.R. CR-HC No. 09667
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must be alleged in the information and duly proved during

the trial. In this case, the aggravating/qualifying
circumstance of minority and relationship were alleged in
the information. AAA’s minority is proved by a certification 18
from the Office of the Civil Registrar of Balanga, Bataan that
she was born on January 21, 1994, thus, she was only
sixteen (16) years old when she was raped by the appellant
on February 8, 2010. As regards the qualifying
circumstance of relationship, it is alleged in the information
that AAA is the daughter of the appellant. The appellant
himself mentioned in his Panghukumang Salaysay19 that
AAA is his daughter. Thus, the aggravating/qualifying
circumstances of minority and relationship having properly
alleged and proven, appellant's conviction for qualified rape
must be sustained.

Anent the penalty, the trial court did not err in

imposing upon the appellant reclusion perpetua without
eligibility for parole, 20 instead of death penalty.21 However,
with respect to the award of damages, We modify it to
conform to jurisprudence. The award of civil indemnity,
moral, and exemplary damages are individually increased to
P100,000.00.22

FOR THESE REASONS, the appeal is DENIED. The

Judgment of the Regional Trial Court of Bataan, Branch 3
dated July 21, 2017 convicting the appellant of qualified
rape is AFFIRMED with MODIFICATION in that the
amount of civil indemnity, moral damages, and exemplary

1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant, step-
parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-
law spouse of the parent of the victim;
18
Records, p. 88.
19
Id., pp. 25-30.
20
Sec. 2. In lieu of the death penalty, the following shall be imposed.
(a) the penalty of reclusion perpetua, when the law violated makes use of the nomenclature of the
penalties of the Revised Penal Code; or (b) the penalty of life imprisonment, when the law violated
does not make use of the nomenclature of the penalties of the Revised Penal Code.
Sec. 3. Person convicted of offenses punished with reclusion perpetua, or whose sentences will be
reduced to reclusion perpetua, by reason of this Act, shall not be eligible for parole under Act No.
4180, otherwise known as the Indeterminate Sentence Law, as amended.
21
The imposition of death penalty is prohibited by Republic Act No. 9346, entitled, "An Act
Prohibiting the Imposition of Death Penalty in the Philippines.”
22
People of the Philippines v. Ireneo Jugueta, G.R. No. 202124, April 5, 2016.
CA-G.R. CR-HC No. 09667
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damages awarded is increased to P100,000.00 each, with

interest at 6% per annum from the date of finality of
judgment until full payment.

SO ORDERED.

MARIO V. LOPEZ
Associate Justice

WE CONCUR:

ZENAIDA T. GALAPATE-LAGUILLES
Associate Justice

RONALDO ROBERTO B. MARTIN

Associate Justice

CERTIFICATION

Pursuant to Article VIII, Section 13 of the Constitution, it is

hereby certified that the conclusions in the above decision
were reached in consultation before the case was assigned
to the writer of the opinion of the Court.

MARIO V. LOPEZ
Chairperson
Special Fourteenth Division
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