Naag
Naag
*
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HERSON NAAG y
LOBAS, accused-appellant.
Evidence; Witnesses; Well-entrenched is the rule that an appellate court will
generally not disturb the assessment of the trial court on factual
_______________
41 E.g., People v. Cupino, et al., G.R. No. 125688, Apr. 3, 2000, 329 SCRA
581.
42 People v. Atrejenio, 310 SCRA 229 (1999).
* FIRST DIVISION.
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People vs. Naag
matters considering that the latter, as a trier of fact, is in a better position to
appreciate the same.There is no cogent reason to disturb the findings of the lower
court. Well-entrenched is the rule that an appellate court will generally not disturb
the assessment of the trial court on factual matters considering that the latter, as a
trier of fact, is in a better position to appreciate the same. The only exceptions
allowed are when the trial court has plainly overlooked certain facts of substance
which, if considered, may affect the result of the case, or in instances where the
evidence fails to support or substantiate the lower courts findings and conclusions,
or where the disputed decision is based on a misapprehension of facts. This case
does not fall under any of the exceptions. Hence, there is no reason for us to modify
the factual findings of the lower court.
Criminal Law; Rape; In rape cases, what is material is that there is
penetration of the female organ no matter how slightthe moment the accuseds
penis knocks at the door of the pudenda it suffices to constitutes the crime of rape.
In rape cases, what is material is that there is penetration of the female organ no
matter how slight. In a long line of decisions, we have ruled that the only essential
point is to prove the entrance or at least the introduction of the male organ into the
labia of the pudendum. Hence, the moment the accuseds penis knocks at the door of
the pudenda it suffices to constitute the crime of rape.
Same; Same; Witnesses; A victim has a natural knack in remembering the
face of an assailant for she, more than anybody else, would be interested in bringing
the malefactor to justice.Desiree could not have failed to recognize the appellant
because she was the victim of the assault. A truism founded on ordinary experience
is that victims of criminal violence often strive hard to recognize their assailants.
Furthermore, a victim has a natural knack in remembering the face of an assailant
for she, more than anybody else, would be interested in bringing the malefactor to
justice. On the other hand, it would be unnatural for someone who is interested in
vindicating the crime to accuse somebody other than the real culprit.
Same; Same; Robbery with Rape; In the special complex crime of robbery
with rape, the true intent of the accused must first be determined because it is his
intent that determines the offense he has committed.In the special complex crime
of robbery with rape, the true intent of the accused must first be determined because
it is his intent that determines the offense he has committed. This Court in People vs.
Dinola, citing the cases of People vs. Canastre and People vs. Faigano, held: x x x
if the intention of the accused was to rob, but rape was committed even before
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696
he guilty of the special complex crime of Robbery with Rape or the separate crimes
of Robbery and Rape? The answer lies in his intent.
The accused in this case is a certain Herson Naag y Lobas. He was indicted for
Robbery with Rape under an Information which reads.
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People vs. Naag
That on or about the 8th day of January, 1996 at Daraga, Albay x x x the above
named accused, armed with a screw driver, by means of violence and intimidation,
did then and there willfully, unlawfully and feloniously, have carnal knowledge of
the complainant Desiree Gollena. against her will, by inflicting upon her with the
use of said screw multiple serious physical injuries, and thereafter said accused,
having been fully satisfied of his carnal lust over said Desiree Gollena and believing
her to be dead, with intent of gain, divested and took her personal belongings, to wit:
(1) one bag containing clothes worth P500.00 (2) one gold bracelet worth P1,500.00
(3) wallet containing P1,800.00 and (4) ladies wristwatch valued at P600.00 to the
damage and prejudice of said Desiree Gollena.
ACTS CONTRARY TO LAW.1
He pleaded not guilty during arraignment and the action proceeded to trial.
The evidence for the prosecution shows that Desiree was a singer in a band
which regularly plays at the Gloss and Glitters Disco located in Tabaco, Albay. On
the morning of January 8, 1996, she went home to Sipi, Daraga, Albay, to visit her
family. She took the bus and by about 4 oclock in the morning, she alighted at the
towns Freedom Park in Daraga. She crossed a street where two tricycles were
parked. She woke up one of the drivers and inquired whether she could be brought
to Sipi. Getting a positive response, she boarded it. Upon reaching her place, she
told him to stop and handed to him her fare. To her surprise, what she received in
return was not loose change, but a slap.
The driver then began to maul her. Desiree fought back as hard as she could,
but this made the driver more ferocious in his assault. She was strangled, boxed and
kicked. She was repeatedly stabbed with a screw driver on her face, head, and
different parts of her body. Her head was banged against the sidecar. She realized
that her struggle was in vain and would only put her life in greater danger. She
stopped resisting and pretended to be dead.
He then transported her to another place. He lifted her from the tricycle and she
thought she would be thrown to a ravine or cliff beside what appeared to be an
abandoned house. Instead, she was tossed to the ground. The driver removed her
pants and panties.
________________
1 Information, Rollo, p. 10.
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People vs. Naag
She could not resist, fearing death. After her garments were removed, her legs were
spread apart and he copulated with her.
697 his lust, the driver took her wristwatch worth P600.00, a
After satisfying
bracelet worth P1,500.00 and fled with her bag containing her clothes, wallet
containing P1,800.00 in cash, and some loose change. When Desiree sensed that he
has left, the premises, she rolled down the ravine. She did not have the energy to
stand and walk and so she crawled until she reached a house, which turned out to be
the dwelling place of witness Engineer Antonio Balacano located at Sybil
Subdivision, Sipi, Daraga. She cried for help.
Engr. Balacano responded to Desirees call for assistance. He saw Desiree, a
bloodied girl, cold and torn, squatting by the gate with her pants down and hanging
on one leg. It was already 5 oclock in the morning. The wife of the engineer
telephoned local police authorities for assistance. In the meantime, Desiree was
brought to the Albay Provincial Hospital where she was given medical treatment. Dr
Jose Solano testified that the girl was in pain when he examined her and that she
sustained multiple lacerations and stab wounds on different parts of her body, and
had blackening of her left and right eyes. Dr. Aileen Francis Bartilet examined
Desirees genitalia and noted the absence of any sign of injury: there was no
bleeding, no laceration of the hymen, no contusion in the vulvar wall of the vagina,
and no abrasion.
Later that morning of January 8, 1996, policemen came to the hospital to
investigate the incident. Desiree gave a description of the suspect as well as the
tricycle. The next day, on January 9, SPO1 Pastor Perena, Jr. and SPO2 Domingo
Mabini happened to apprehend one Herson Naag y Lobas, a tricycle driver, for
driving a public utility tricycle without the necessary license. Naag and the vehicle
were brought to the police station of Daraga. Perena and Mabini realized that Naag
fit the description of the malefactor given by Desiree. They brought the confiscated
student drivers permit of Naag (which contains his photograph) to the hospital for
identification. Their hunch was confirmed when Desiree, upon being shown the
permit, identified the man in the picture as the one who raped and robbed her.
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People vs. Naag
When the policemen returned to the station, Naag was already gone, but not without
leaving his tricycle behind. They brought the tricycle to the hospital for
identification. Desiree did not have any difficulty in identifying the tricycle as the
same vehicle she boarded on the morning of January 8. A criminal complaint was
then filed against Naag. On February 25, 1996, he was arrested by the NBI agents of
698
medium in its maximum period as the minimum to fourteen (14) years, ten months
and twenty (20) days of Reclusion temporal medium period in its medium period as
the maximum and to return the ladies wrist watch worth P600.00, bracelet worth
P4,500.00, bag of clothes worth P500.00 or their total value of P2,600.00 if return
cannot be had and the cash of P1,800.00. Costs against the accused.
SO ORDERED.3
Dissatisfied with the verdict, the accused interposed this appeal. In his brief, he
made this lone assignment of error: The Lower Court erred in finding the accused
guilty of the separate crimes of Robbery and Rape.4
We affirm the conviction.
There is no cogent reason to disturb the findings of the lower court. Wellentrenched is the rule that an appellate court will generally not disturb the
assessment of the trial court on factual matters considering that the latter, as a trier
of fact, is in a better posi________________
2 Judgment, p. 5; Rollo, p. 25.
3 Decision penned by Judge Vladimir B. Brusola, Br. 6, Legaspi City.
4 Brief for Accused-Appellant, p. 3; Rollo, p. 40.
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People vs. Naag
tion to appreciate the same. The only exceptions allowed are when the trial court has
plainly overlooked certain facts of substance which, if considered, may affect the
result of the case, or in instances where the evidence fails to support or substantiate
the lower courts findings and conclusions, or where the disputed decision is based
on a misapprehension of facts.5 This case does not fall under any of the exceptions.
Hence, there is no reason for us to modify the factual findings of the lower court.
Even then, the appellant raises two points in support of his assignment of error
designed to sow in our minds seeds of doubt. The first relates to the medical
evidence on record while the second deals with his identity.
The appellant capitalizes, firstly, on Dr. Bartilets testimony on the absence of
fresh injury on the private part of the offended party although she was examined
almost immediately after the assault. According to him, the findings of said medical
expert negate the charge of rape. On the other hand, the prosecution contends that
the lack of injury and the healed laceration could be attributed to the sexual
intercourse she had with her boyfriend.
The appellants argument fails to impress. It is to be noted that Dr. Bartilet
herself explained that her findings did not eliminate the possibility of sexual
intercourse. She opined that it must have been done only outside the vagina but
within the external vulva merely pushing and giving some force to it.6 She added
that the appellant could have ejaculated and discharged semen on the external
genitalia even without penetrating into the vagina.
In rape cases, what is material is that there is penetration of the female organ
no matter how slight.7 In a long line of decisions, we have ruled that the only
essential point is to prove the entrance or at least the introduction of the male organ
into the labia of the pudendum.8 Hence, the moment the accuseds penis knocks at
the door of the pudenda it suffices to constitute the crime of rape.9
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10 People vs. Melendres, 106 SCRA 575 (1981).
11 See People vs. Bundang, 272 SCRA 241 (1997).
12 See People vs. Panganiban, 241 SCRA 91 (1995).
13 TSN, September 10, 1996, p. 14.
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People vs. Naag
5 People vs. Limon, 306 SCRA 367 (1999).
Moreover, Desiree should have no difficulty in identifying the appellant because
6 TSN, June 4, 1996, p. 14.
when she first approached him at the centro to hire his services, the place was bright
7 People vs. Faigano, 254 SCRA 10 (1996).
and well-lighted.
8 People vs. Lazaro, 249 SCRA 235 (1995).
The appellant further argues that Desirees initial identification of him through
9 People vs. Echegaray, 257 SCRA 561 (1996).
his picture is unreliable considering the physical and emotional state she was in at
702
that time. It is urged that due to her physical and mental instability, the showing of
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SUPREME COURT REPORTS ANNOTATED
the student permit must have generated a prejudice in her mind that the person
People vs. Naag
shown in the picture of the drivers ID is the one who assaulted her.14
The appellant next assails the identification made by Desiree. He contends that it
The argument proceeds from a wrong assumption. It assumes that the picture
was still dark at the time of the incident. He argues that when people board a
was shown before the victim gave the description to the police. It was the other way
tricycle, they do not usually focus their attention on the driver. He states that the
around, Thus:
identity of the driver could be the least of Desirees concern for at 4 oclock in the
Court:
Have you seen him in that parking area before January 8, 1996?
morning, she would have just wanted to go home and rest in the comfort of her bed.
Desiree:
No, your honor.
We are not persuaded. Desiree could not have failed to recognize the appellant
Q:
Now, while you were in the Hospital you said that an ID was shown to you and the pictur
because she was the victim of the assault. A truism founded on ordinary experience
person and whose picture you recognize to be that of a person who raped you. Who show
is that victims of criminal violence often strive hard to recognize their assailants.10
that picture?
Furthermore, a victim has a natural knack in remembering the face of an assailant
A.
The Police Officer.
for she, more than anybody else, would be interested in bringing the malefactor to
Q:
How come that the Policeman was able to go to Albay Provincial Hospital with that ID?
justice.11 On the other hand, it would be unnatural for someone who is interested in
A:
Because when they interviewed me in the hospital, I gave them the description of the acc
vindicating the crime to accuse somebody other than the real culprit.12
his tricycle.15
To be sure, Desiree was very emphatic in her identification of the appellant as
The point is made more explicit during Desirees cross-examination:
her assailant, thus:
Atty. Gomez (continuing on cross-examination)
Court:
Now that person Herson Naag, how is he related to the accused in this case? Q Now, on that date Jan. 9, 1996 were you told by the policemen| that the person whose ID was shown
Desiree:
He is the one and same person who raped and robbed me.
: one of their suspects?
Q:
You said it was the first time you saw the accused on January 8, 1996. It was still
A dark
The ispoliceman
(sic) it told me to identify the person in the ID.
not?
:
A:
It was bright at the centro.
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Q:
But it was not in park (sic) he was sleeping at that time in his tricycle. Is it not? (sic)
A:
It was bright because there were lights.
14 Brief for Accused-Appellant, p. 6, Rollo, p. 43.
Q:
But you saw him only once on Jan. 8, 1996. How were you able to recognize him in15the
Municipal
TSN,
November 10, 1996, p. 10.
building when you were asked to identify him after one month, being detained?
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A:
As I have said, I can never forget his face.13
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SUPREME COURT REPORTS ANNOTATED