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People v. Rivera
People v. Rivera
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FIRST DIVISION.
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not necessarily be telling the truth as she will soon be leaving for
Taiwan and may thus be indifferent in airing in public matters that
affect her honor deserves scant consideration. A rape victim would
not publicly disclose that she had been raped and undergo the
trouble and humiliation of a trialmore so if she is a foreigner who
is new to this countryif her motive was not to bring to justice the
persons who had abused her. Her willingness and courage to face
the interrogation and the medical examination are mute but
eloquent proofs of the truth of her charge. And, the absence of
motive on her part in pointing an accusing finger against the
accused all the more strengthens her allegations.
Same; Same; Same; Same; Contradiction in the testimony of
complainant refer to minor and trivial inconsistencies which even
tend to strengthen rather than weaken her credibility by erasing any
suspicion of a rehearsed testimony.We see no reason why the
alleged conflicting testimony about the participation of appellant
Ormilla should not be given the same indicia of a truthful testimony
accorded to a Filipina as there appears to be no basis for such
distinction. The underlying consideration is the adjudged credibility
of the complaining witness. And while there may indeed be
contradictions in her testimony, these refer to minor and trivial
inconsistencies which even tend to strengthen rather than weaken
her credibility by erasing any suspicion of a rehearsed testimony.
Same; Same; Same; Same; Even a prostitute may be a victim of
rape.The imputation of appellant that the victim is of loose
morals is a self-serving allegation, unsubstantiated and wanting of
strong evi28
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dence, and unworthy of any consideration from this Court; for, even
a prostitute may be a victim of rape.
Same; Same; Same; Alibi; It has been repeatedly ruled that the
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Id., p. 78.
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Id., p. 88.
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Id., p. 43.
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Id., p. 15.
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with sand.
Rebuttal witness Ernesto Latorilla to whom the school
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keys were supposedly returned by Navarro at around ninethirty in the evening of 13 November 1987 however
testified that the keys were
never entrusted to him but to
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the janitors themselves. Thus Navarro never returned the
keys to Latorilla as the former had no reason to do so.
Meanwhile, in a letter dated 21 September 1988 the
Acting Provincial Jail Warden of Tarlac 19manifested that
Enrique Taedo was behaving queerly. Consequently,
counsel for Taedo moved that his client be confined in a
mental asylum and examined and that trial as regards him
be suspended
pending the result of his mental
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examination. The motion was granted and the jail warden
was directed to bring Taedo to the National Center for
Mental Health (NCMH) in Mandaluyong, Metro Manila,
for psychiatric examination
and ordered his confinement
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therein if necessary. The court likewise suspended all the
proceedings insofar as accused Taedo
was concerned
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pending the outcome of his examination.
Accordingly, on 19 October 1988 Taedo was admitted to
the NCMH. Later however, in a Report dated 13 February
1989 and submitted to the trial court, Resident Physician
Johnevert R. Jimenez of the NCMH stated that Taedo was
suffering from a mental disorder called Insanity classified
under Mood Disorder, Major Depression, Single episode
with psychotic features x x x [a]t present, he has shown
considerable improvement with his mental condition and is
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deemed competent to stand the rigors of court trial.
Hence, the NCMH petitioned
the trial court for the release
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of Taedo to its custody. However, on 20 April 1989,
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Records, p. 78.
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Id., p. 23.
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Id., p. 25.
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Rollo, p. 192.
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People vs. Castillon, G.R. No. 100586, 15 January 1993, 217 SCRA
76.
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SCRA 489.
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People v. Yumang, G.R. No. 94977, 17 May 1993, 222 SCRA 119;
People v. Kyamko, G.R. No. 103805, 17 May 1993, 222 SCRA 183.
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People v. Aruta, G.R. No. 73907, 1 May 1993, 222 SCRA 201.
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598.
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People v. Joma, G.R. No. 95029, 24 March 1993, 220 SCRA 440.
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would not publicly disclose that she had been raped and
undergo the trouble and humiliation of a trialmore so if
she is a foreigner who is new to this countryif her motive
was41not to bring to justice the persons who had abused
her. Her willingness and courage to face the interrogation
and the medical examination
are mute but eloquent proofs
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of the truth of her charge. And, the absence of motive on
her part in pointing an accusing finger against
the accused
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all the more strengthens her allegations.
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People v. Arnan, G.R. No. 72608, 30 June 1993, 224 SCRA 37.
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People v. Lascuna, G.R. No. 90626, 18 August 1993, 225 SCRA 386.
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406.
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SCRA 156.
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People v. Alib, G.R. No. 100232, 24 May 1993, 222 SCRA 517; People
v. Ulili, G.R. No. 103403, 24 August 1993, 225 SCRA 594; People v. Joya,
see Note 42.
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People v. Caco, G.R. Nos. 94994-95, 14 May 1993, 222 SCRA 49.
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170; People v. De la Cruz, G.R. No. 102063, 20 January 1993, 217 SCRA
283.
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675.
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away from the scene of the crime. As such, with his failure
to prove the required physical impossibility of being
present at the crime scene the defense of alibi is definitely
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feeble.
While the victim did not name accused-appellant
Ormilla as one of those who raped her, he nevertheless was
an indispensable participant in the commission of the rape
as he was positively identified as one of those who were in
the room of the victim and who held her legs to prevent her
from offering resistance while she was being raped by his
co-accused. His acts before, during and after the
commission of the offense demonstrate that he helped and
cooperated with his co-accused through simultaneous acts,
which are indicative of a common objective, showing the
existence of a conspiracy. And where conspiracy exists, the
act of one is the
act of all, and therefore all must suffer the
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same penalty.
Thus on the basis of the strength of the evidence of the
prosecution we affirm the findings of the trial court that
appellant Ormilla is guilty of rape.
The Court takes note of the order of the judge that the
case against accused Enrique Taedo be archived without
prejudice to its reinstatement or revival should the latter
be apprehended later on. Considering that the NCMH has
already certified the competency of accused Taedo to
stand the rigors of a court trial, and thereafter, he escaped
the confines of the mental institution, he should have been
ipso facto considered as a fugitive from justice. He is
therefore deemed to have waived his presence during the
trial which should proceed in absentia until its resolution.
WHEREFORE, the Decision of the court a quo is
AFFIRMED with the modification that aside from the
award of P1,000.00 as actual damages and P30,000.00 as
moral damages in favor of the victim to be paid by accusedappellant Rogelio Ormilla y Guanani jointly with Rogelio
Rivera y Legaspi and Alfredo Navarro y Tipay, ROGELIO
ORMILLA y GUANANI is further ordered to
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SCRA 85.
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People v. Crisostomo, G.R. No. 85434, 17 May 1993, 222 SCRA 93.
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