OL.

275, J L 17, 1997 581

People s. Mercado

*
G.R. No. 111165. Jul 17, 1997.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, .ROGELIO MERCADO PEDRO,

REYNALDO MERCADO, RODELIO GUERRERO and GERARDO MATIENZO, accused. ROGELIO
MERCADO PEDRO, REYNALDO MERCADO and RODELIO GUERRERO, appellants.

C iminal La ; Ra e; The S eme Co ha eadfa l adhe ed o he le ha hen a oman e ifie

ha he ha been a ed, he a , in effec , ha all ha i nece a o con i e he commi ion of he c ime ha
been commi ed, o ided he oman e imon i c edible. The s a emen in he complain filed in he
M nicipal Trial Co r ha acc sed-appellan s ook rns in ha ing se al in erco rse i h Eli abe h sho ld no
be considered as inconsis en i h her es imon ha i as onl Rodelio G errero ho had se al in erco rse
i h her for he simple reason ha he s a emen made in he M nicipal Trial Co r as made b her fa her
and no b Eli abe h. She ca egoricall es ified ha i as onl Rodelio G errero ho raped her. We ha e
s eadfas l adhered o he r le ha hen a oman es ifies ha she has been raped, she sa s, in effec , ha all
ha is necessar o cons i e he commission of he crime has been commi ed, pro ided he oman s es imon
is credible (Peo le . Tabao, 240 SCRA 758 [1995]; Peo le . Tami, 244 SCRA 1 [1995]). There is no hing on
record o sho ha Eli abe h s es imon is no credible, for hich reason, he same m s be gi en f ll fai h and
credi for she has no mo i e o falsel es if agains acc sed-appellan (Peo le . Ca il, 241 SCRA 285 [1995]).
Same; Same; E idence; Medical a ho i ie o ch ha hen fo ce i a lied on he omach, no ma k of
iolence ma be de- ec ed. Unpers asi e oo is acc sed-appellan s asse era ions ha he rape is dispro en b
he medico legal repor of he e amining ph sician s a ing ha no sign of iolence as no ed pon he person of
he ic im. Eli abe h es ified ha acc sed-appellan Rodelio G errero bo ed her in he s omach and breas .
Medical a hori ies o ch ha hen force is applied on he s omach, no marks of iolence ma be de ec ed
(Peo le . Renojo,132 SCRA 365 [1984]). As o he blo a her breas , possibl she as hi ligh l hereon as no

* HIRD DI I ION.

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582 P EME CO EPO ANNO A ED

People s. Mercado

mark appears on her breas . Or possibl she migh ha e mis aken he br shing of G errero s hand agains
her breas as a blo as i o ld ha e been na oidable for his hand o br sh agains her breas hile he ere
grappling. In an e en , he absence of marks of iolence does no nega e he commission of rape (Peo le .
Ga a an, 243 SCRA 53 [1995]).
Same; Same; Same; Con i ac ; The e i no need o o e a e io ag eemen among he malefac o o
commi he c ime if b hei o e ac i i clea ha he ac ed in conce in he i of hei nla f l de ign.
Acc sed-appellan s assail he findings of he rial co r ha he ac ed in conspirac . The con end ha he
ere no seen oge her a an place or immedia el before he commission of he rape in s ch a manner as o
indica e a comm ni of criminal resol ion or design. There is no need o pro e a pre io s agreemen among he
malefac ors o commi he crime if b heir o er ac s i is clear ha he ac ed in concer in he p rs i of heir
nla f l design (Peo le . Amag in, 229 SCRA 166 [1994]). Concer ed ac s of he acc sed o ob ain a common
criminal objec i e signif conspirac (Peo le . Silong, 232 SCRA 487 [1994]).
Same; Same; Same; Same; Whe e con i ac i ade a el ho n, he eci e modali o e en of
a ici a ion of each indi id al con i a o become econda he a licable le i ha he ac of one
/
con i a o i he ac of all of hem. Plainl hen, acc sed-appellan s arg men ha he co r erred in finding
all he acc sed as (sic) g il of he crime of rape and sen encing all o ecl ion e e a r ns co n er o
e is ing j rispr dence. Where conspirac is es ablished, he ac of one is he ac of all (Peo le . Malla i, 241
SCRA 113 [1995]). Where conspirac is adeq a el sho n, he precise modali or e en of par icipa ion of each
indi id al conspira or becomes secondar ; he applicable r le is ha he ac of one conspira or is he ac of all of
hem (Peo le . De Ro a , 241 SCRA 369 [1995]).

APPEAL from a decision of the Regional Trial Court of Calamba, Laguna, Br. 37.

The facts are stated in the opinion of the Court.

The Solici o Gene al for plaintiff-appellee.
Soc a e M. A e alo for accused-appellants.
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OL. 275, J L 17, 1997 583

People s. Mercado

MELO, J.:

The proclivit of some men to satisf their bestial urges upon innocent and un illing oung girls is
inhumanl atrocious and calls for unmitigated condemnation in the form of severe penalt .
Accused ere charged ith rape in an Information reading as follo s:
Tha on or abo Oc ober 24, 1986, a Baranga Banlic, M nicipali of Calamba, Pro ince of Lag na, and
i hin he j risdic ion of his Honorable Co r , he abo e-named acc sed hile armed i h long firearm i h
le d design b means of force, iolence and in imida ion, conspiring, confedera ing and m all helping one
ano her did, hen and here, ilf ll , nla f ll and felonio sl ha e carnal kno ledge of ELIZABETH
ILAGAN, a minor agains her ill and consen , o her damage and prej dice.
(p. 11, Rollo.)

After trial, the court a o rendered a decision, disposing as follo s:

IN VIEW OF THE FOREGOING, he Co r finds he acc sed Rodelio G errero Ma ien o, Rogelio Mercado
Pedro, Re naldo Mercado Pedro, Jr., g il be ond reasonable do b of he crime of Rape, p nishable nder
Ar icle 335 of he Re ised Penal Code, and are sen enced each o s ffer he penal of ecl ion e e a, and o
indemnif , join l and se erall , Eli abe h Ilagan he amo n of P50,000.00. Wi h propor iona e cos agains he
acc sed.
In he ser ice of sen ence, he pre en i e imprisonmen ndergone b he acc sed shall be credi ed in heir
fa or.
The s re bonds pos ed for he acc sed are cancelled.
As o he acc sed Gerardo Ma ien o, here being no e idence presen ed agains him, he case is DISMISSED.
(p. 27, Rollo.)

The convicted accused appealed and impute to the trial court the follo ing errors:
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584 P EME CO EPO ANNO A ED

People s. Mercado

/
 I

THE LOWER COURT ERRED IN GIVING CREDENCE TO THE INCONSISTENT TESTIMONIES OF

PRIVATE COMPLAINANT/VICTIM ELIZABETH ILAGAN.

II

THE COURT ERRED IN GIVING CREDENCE TO THE TESTIMONY OF THE VICTIM THAT THE ACCUSED
CONSPIRED AND MUTUALLY AIDED EACH OTHER IN COMMITTING THE ALLEGED CRIME.

III

THE COURT ERRED IN FINDING THAT ALL THE ACCUSED HEREIN COMMITTED THE CRIME OF
RAPE AND SENTENCING THEM TO RECLUSION PERPETUA.
(p. 8, Appellan s Brief.)

The facts of the case, as established b the evidence and summari ed b appellee, are as follo s:
In he e ening of Oc ober 24, 1986, 15- ear old complainan , Eli abe h Ilagan and her a n A rora Ma ien o
a ended a bir hda par a he ho se of Rodelio G mapang a Gi nang Looc, Brg . Banadero, Calamba,
Lag na ( sn, Oc ober 22, 1987, pp. 9 o 10). Aro nd 8:40 o clock of he same nigh , Eli abe h lef he ho se of
Rodelio G mapang and alked alone going o her ho se loca ed in he same baranga (ibid). Along he a ,
Eli abe h sa Rodelio G errero alking o ards he same direc ion (ibid., p. 15). Eli abe h alked on i h
Rodelio G errero near her (ibid.). A li le la er, Eli abe h and Rodelio me Rogelio Mercado and Re naldo
Mercado (ibid., pp. 16 o 17). Where pon, Rodelio said, Pare, ika na ang bahala di an. A ha , Re naldo,
Rodelio and Rogelio la ghed. Thereaf er, Rodelio bo ed Eli abe h hree (3) imes, hi ing her on he breas and
on he s omach ( sn, Oc ober 22, 1987, p. 20 & sn, March 10, 1988, p. 31). Eli abe h fel half conscio s onl and
fell on he gro nd (ibid., p. 21). Rogelio and Re naldo held Eli abe h on her arms and legs hile Rodelio s ar ed
o remo e her T-shir and jogging pan s ( sn, Oc ober 22, 1987). She s r ggled o free herself from he hree of
hem, b as no able o do so (ibid., p. 22).

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OL. 275, J L 17, 1997 585

People s. Mercado

Af er Rodelio had remo ed Eli abe h s clo hing, he placed himself on op of her hile Rogelio and Re naldo
con in ed o hold Eli abe h s arms and legs (ibid., p. 23). In ha si a ion, Rodelio par ed Eli abe h s highs and
forcibl inser ed his pri a e organ in o hers (ibid., pp. 23 o 25). Eli abe h fel pain and as she ried o sho for
help, she los her conscio sness (ibid., pp. 25 o 29).
Af er abo en (10) min es, Eli abe h regained her conscio sness and no iced ha Rodelio, Rogelio and
Re naldo ere no longer here (ibid., pp. 30 o 34). She hen s ood p and fel pain on her pri a e par and righ
high (ibid.).
Eli abe h lef he place and proceeded o he ho se of her ncle, Virgilio Ilagan, a Gi nang Looc, Calamba,
Lag na, in order o look for a companion going home. Unfor na el , her ncle as no aro nd and Eli abe h
reached home b herself (ibid., pp. 34 o 35).
Eli abe h cried pon reaching home. This promp ed her paren s o ask ha had happened o her. A ha
ime, Eli abe h did no ell hem ha she had been raped beca se she did no an o gi e a problem o her
paren s (ibid., pp. 364-37).
The follo ing da , sensing ha Eli abe h as ac ing s rangel , her fa her G illermo asked her again ha
as rong. This ime, Eli abe h re ealed o her fa her ha she had been raped b Rodelio G errero he pre io s
nigh ( sn, Sep ember 12, 1988, pp. 5 o 7).
Upon req es of Eli abe h s fa her, Dr. Soli a Plas ina, M nicipal Heal h Officer of Calamba, Lag na,
e amined Eli abe h ( sn, No ember 21, 1988, p. 18, E hibi D ). Dr. Plas ina es ified ha a he ime she
e amined Eli abe h, she (Dr. Plas ina) fo nd her in a s a e of shock possibl beca se of he pain on he h men
hich as fo nd o ha e 3:00 o clock and 9:00 o clock lacera ions (ibid., pp. 8 o 9). Dr. Plas ina f r her es ified
/
 ha he 3:00 o clock and 9:00 o clock lacera ions co ld ha e been ca sed b pene ra ion of he penis of a man o a
oman (ibid., p. 14).
Pa . Teodore Gecale, he in es iga or assigned in he case filed b Eli abe h before he Calamba Police S a ion
in Calamba, Lag na es ified ha a he ime Eli abe h as in es iga ed a he Calamba Police S a ion on
Oc ober 28, 1986, she as chilling, hence, he ga e her a piece of paper on hich she co ld narra e her s or
( sn, Jan ar 16, 1989, pp. 7 o 8). In he ri en s a emen e ec ed b Eli abe h, she ro e he follo ing:
inano ako sa daan noong gabi pinagsaman alahan ako ni Rodelio Ma ien o, Gerardo Ma ien o, Rogelio
Mercado and Rogelio G errero. (E hibi E, sn, Ibid.).

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People s. Mercado

Eli abe h s fa her ca sed a complain o be filed before he M nicipal Co r of Calamba, Lag na (ibid., pp. 11
o 13). T o eeks af er he complain as filed, Melencio Ma ien o, Pablo G mapa and R ben Bana icla, ho all
represen ed appellan s, en o he Ilagan ho se and made an offer o se le he case. The offer as rejec ed b
G illermo ( sn, Sep ember 12, 1988, p. 9).
(pp. 4-8, Appellee s Brief.)

Accused-appellants contend that there are glaring inconsistencies in the testimon of the victim.
It is said that in the initial part of Eli abeth s direct testimon , she failed to identif accused-
appellants as the persons ho raped her, but that on cross-e amination, she testified that she had
kno n accused-appellants since childhood. Such argument does not find support in the evidence. On
the contrar , the evidence clearl sho s that Eli abeth, during the earl part of her direct testimon ,
positivel identified accused-appellants as the persons directl involved in the crime committed
against her. She testified as follo s:

FI CAL:
: Miss Ilagan, do o kno the acc sed Rogelio
Mercado?
A: Yes, sir.
: I C , ?
A: , .
: P .
A: Witness pointing to Rogelio Mercado.
: Ho abo t the acc sed Re naldo Mercado, do o
kno him?
A: Yes, sir.
: If he is in Co rt, can o point to him?
A: Witness pointing to a man earing ello t-shirt.
CO :
?
= Rodelio G errero, H .
- ,
?
/
 = M , H .
P .
FI CAL:
: Ho abo t the acc sed Rodelio G errero, do o
kno him?

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OL. 275, J L 17, 1997 587

People s. Mercado

A: Yes, sir.
: P C ?( )
A: Witness pointing to a person earing ello stripe
t-shirt hen asked to his name ans ered Rodelio
G errero. ( )
( , O . 22, 1987, . 5-8.)

Accused-appellants belittle the testimon of Eli abeth describing the se ual organ of Rodelio
Guerrero hen she had allegedl lost consciousness after she as hit three times b Rodelio
Guerrero.
Accused-appellants have misapprehended the facts on record. Eli abeth did not lose consciousness
after she as hit b Guerrero. She as rendered onl partiall unconscious.

A . A E ALO:
: A
, ?
A: , .
: A
?
A: , .
: A
?
A: , .
: A ,
?
A: I , .
: I ?
A: , .
( ,M 10, 1988, . 11)

/
Consequentl , Eli abeth as still in possession of her mental faculties to perceive the se ual organ of
Guerrero.
We also find no inconsistenc in Eli abeth s statement that she as taken to the doctor to
determine hether she as pregnant. Having been raped she must have feared that she became
pregnant. Furthermore, in the course of being e amined hether or not she as pregnant, it can be
ascertained hether or not she as raped. The medico-legal report and testimon of the e amining
ph sician categoricall stated that Eli abeth as e amined relative to her complaint that she had
been raped.
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People s. Mercado

The further purported inconsistencies in the testimon of Eli abeth pointed out b accused-
appellants are:
That the complaint filed in the Municipal Trial Court states that accused-appellants used a long
firearm in committing the rape; hile on direct e amination Eli abeth testified that no firearm as
used b the accused in committing the alleged rape ;
That the complaint filed in the Municipal Trial Court avers that accused-appellants took turns in
having se ual intercourse ith Eli abeth; hereas, on direct e amination she testified that it as
onl Rodelio Guerrero ho had se ual intercourse ith her.
Eli abeth declared that she as raped in the middle of a mudd road going to their house in Brg .
Banlic, Calamba, Laguna, hile her father testified that according to Eli abeth she as raped under
a star apple tree.
The complaint filed in the Municipal Trial Court of Calamba, Laguna as signed b Eli abeth s
father, Guillermo Ilagan and not b Eli abeth herself. Her father filed the complaint because at that
time Eli abeth as not in a ph sical and mental condition to file the complaint due to her being in a
state of shock. This as confirmed b Dr. Plastina in her testimon .
The testimon of her father that Eli abeth as raped under a star apple tree should not be taken
against her for the simple reason that her father as not present hen she as raped.
The statement in the complaint filed in the Municipal Trial Court that accused-appellants took
turns in having se ual intercourse ith Eli abeth should not be considered as inconsistent ith her
testimon that it as onl Rodelio Guerrero ho had se ual intercourse ith her for the simple
reason that the statement made in the Municipal Trial Court as made b her father and not b
Eli abeth. She categoricall testified that it as onl Rodelio Guerrero ho raped her. We have
steadfastl adhered to the rule that hen a oman testifies that she has been raped, she sa s, in
effect, that all that is
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People s. Mercado

necessar to constitute the commission of the crime has been committed, provided the oman s
testimon is credible (Peo le . Tabao, 240 SCRA 758 [1995]; Peo le . Tami, 244 SCRA 1 [1995]).
There is nothing on record to sho that Eli abeth s testimon is not credible, for hich reason, the
same must be given full faith and credit for she has no motive to falsel testif against accused-
appellant (Peo le . Ca il, 241 SCRA 285 [1995]).
Unpersuasive too is accused-appellants asseverations that the rape is disproven b the medico
legal report of the e amining ph sician stating that no sign of violence as noted upon the person of
the victim. Eli abeth testified that accused-appellant Rodelio Guerrero bo ed her in the stomach and
/
breast. Medical authorities vouch that hen force is applied on the stomach, no marks of violence
ma be detected (Peo le . Renojo, 132 SCRA 365 [1984]). As to the blo at her breast, possibl she
as hit lightl thereon as no mark appears on her breast. Or possibl she might have mistaken the
brushing of Guerrero s hand against her breast as a blo as it ould have been unavoidable for his
hand to brush against her breast hile the ere grappling. In an event, the absence of marks of
violence does not negate the commission of rape (Peo le . Ga a an, 243 SCRA 53 [1995]).
Accused-appellants assail the findings of the trial court that the acted in conspirac . The
contend that the ere not seen together at an place or immediatel before the commission of the
rape in such a manner as to indicate a communit of criminal resolution or design. There is no need
to prove a previous agreement among the malefactors to commit the crime if b their overt acts it is
clear that the acted in concert in the pursuit of their unla ful design (Peo le . Amag in, 229
SCRA 166 [1994]). Concerted acts of the accused to obtain a common criminal objective signif
conspirac (Peo le . Silong, 232 SCRA 487[1994]).
The concerted acts of accused-appellants clearl established their conspirac to rape Eli abeth
even if there is absence of evidence that the had previousl come to an agreement to rape her. The
act of Re naldo and Rogelio in holding
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590 P EME CO EPO ANNO A ED

People s. Mercado

Eli abeth s arms and legs to enable Rodelio to rape her manifestl sho s the e istence of conspirac
and their common design to rape her.
Plainl then, accused-appellants argument that the court erred in finding all the accused as (sic)
guilt of the crime of rape and sentencing all to ecl ion e e a runs counter to e isting
jurisprudence. Where conspirac is established, the act of one is the act of all (Peo le . Malla i, 241
SCRA 113 [1995]). Where conspirac is adequatel sho n, the precise modalit or e tent of
participation of each individual conspirator becomes secondar ; the applicable rule is that the act of
one conspirator is the act of all of them (Peo le . De Ro a , 241 SCRA 369 [1995]).
WHEREFORE, the appealed decision is hereb AFFIRMED.
SO ORDERED.

Na a a (C.J., Chai man), Da ide, J ., F anci co and Panganiban, JJ., concur.

J dgmen affi med.

No es. One cannot e pect a rape victim to remember ever ugl detail of her traumatic
e perience, especiall so since she might in fact be tr ing not to remember them. (Peo le .
Villama o , 199 SCRA 472 [1991])
The Supreme Court usuall lends credence to the testimon of oung girls especiall here the
facts point to their having been victims of se ual assault. (Peo le . S l e, 232 SCRA 421 [1994])

o0o