752 SUPREME COURT REPORTS ANNOTATED

Go . Co r of Appeal
*
G.R. No. 114791. Ma 29, 1997.

NANCY GO AND ALEX GO, petitioners, . THE HONORABLE COURT OF APPEALS,

HERMOGENES ONG and JANE C. ONG, respondents.

Ma age ; H ba d a d W fe; I c e , he a ce f a edd g ce e ca be e e a ed

a he a f he fa , a d he ef e, a cca h e g he cceed g ea . No less than
the Constitution commands us to protect marriage as an inviolable social institution and the foundation of the
family. In our society, the importance of a wedding ceremony cannot be underestimated as it is the matrix of the
family and, therefore, an occasion worth reliving in the succeeding years.
Sa e; C ac ; Whe e he c ac e e ed e f e ce, ha , f he de c e age f a edd g,
ca ha d be a d ha he b ec f he c ac a he de e e ed. Petitioners argument that s
ince the video equipment used belonged to Lim and thus the contract was actually entered into between private
respondents and Lim is not deserving of any serious consideration. In the instant case, the contract entered into
is one of service, that is, for the video coverage of the wedding. Consequently, it can hardly be s aid that the
object of the contract was the video equipment used. The use by petitioners of the video equipment of another
person is of no consequence.
C ac ; Age c ; E de ce; W e e ; Whe e a a fa e e a a e , d be
a a ed a e ha ch fa e d ha e a ad e e e he ca e. It must also

* ECOND DI I ION.

53

VOL. 272, MAY 29, 1997 753

Go . Co r of Appeal

be noted that in the course of the protracted trial below, petitioners did not even present Lim to corroborate
their contention that they were mere agents of the latter. It would not be unwarranted to assume that their
failure to present such a vital witness would have had an adverse result on the case.
Sa e; Ma age ; I c a h a a e f a e - ed c e eg ec ca he de
c e age f he edd g. As correctly observed by the Court of Appeals, it is contrary to human nature for any
newlywed couple to neglect to claim the video coverage of their wedding; the fact that private respondents filed a
case against petitioners belies such as sertion. Clearly, petitioners are guilty of actionable delay for having failed
to proces s the video tape. Considering that private respondents were about to leave for the United States, they
took care to inform petitioners that they would just claim the tape upon their return two months later. Thus, the
erasure of the tape after the lapse of thirty days was unjustified.
Sa e; Da age ; Th e h he e f a ce f he b ga a eg f f a d, eg ge ce de a ,
a d h e h a a e c a e e he e he e f, a e ab e f da age . In this regard, Article 1170 of
the Civil Code provides that those who in the performance of their obligations are guilty of fraud, negligence or
delay, and those who in any manner contravene the tenor thereof, are liable for damages. In the instant case,
petitioners and private respondents entered into a contract whereby, for a fee, the former undertook to cover the
latter s wedding and deliver to them a video copy of said event. For whatever reason, petitioners failed to provide
private respondents with their tape. Clearly, petitioners are guilty of contravening their obligation to s aid
private respondents and are thus liable for damages.
/
 Sa e; Sa e; Q a -De c ; Wh e ge e a a da age ca be ec e ed a ac f b each f
c ac , he a e a be ec e ed he e he b each a a ab a , ec e , a c bad fa h,
e e ab e, ch a he a a ac ec e e a g he de c e age f a c e
edd g a ec e he ca e f he ffe g he a e had de g . Generally, moral damages cannot be
recovered in an action for breach of contract because this case is not among those enumerated in Article 2219 of
the Civil Code. However, it is also accepted in this jurisdiction that liability for a quasi-delict may still exis t
despite the presence of contractual relations, that is, the act

54

754 SUPREME COURT REPORTS

ANNOTATED

Go . Co r of Appeal

which violates the contract may also cons titute a quasi-delict. Consequently, moral damages are recoverable
for the breach of contract which was palpably wanton, reckless, malicious or in bad faith, oppressive or abusive.
Petitioners act or omiss ion in recklessly erasing the video coverage of private respondents wedding was
precisely the cause of the suffering private respondents had to undergo.
Sa e; Sa e; The a a d f e e a da age f ed he e he e a a a e da a eg ge ce
c ed b he g a . Considering the attendant wanton negligence committed by petitioners in the
case at bar, the award of exemplary damages by the trial court is justified to s erve as a warning to all entities
engaged in the same business to obs erve due diligence in the conduct of their affairs.
Sa e; Ob ga ; J a d Se e a L ab ; H ba d a d W fe; S ce he fe a e e c e a
fe , cc a e gage b e h he c e f he h ba d, he h ba d a be he d
a d e e a ab e h h fe f b each f a c ac ha he a e had e e ed . Finally,
petitioner Alex Go questions the finding of the trial and appellate courts holding him jointly and severally liable
with his wife Nancy regarding the pecuniary liabilities imposed. He argues that when his wife entered into the
contract with private res pondent, she was acting alone for her sole interest. We find merit in this contention.
Under Article 117 of the Civil Code (now Article 73 of the Family Code), the wife may exercise any profession,
occupation or engage in business without the consent of the husband. I n the instant case, we are convinced that
it was only petitioner Nancy Go who entered into the contract with private respondent. Consequently, we rule
that she is solely liable to private respondents for the damages awarded below, pursuant to the principle that
contracts produce effect only as between the parties who execute them.

PETITION for re ie of a decision of the Co rt of Appeals.

The facts are stated in the opinion of the Co rt.

Ve c R. Sa d c for petitioners.
Sa e J. E a e for pri ate respondents.
755

VOL. 272, MAY 29, 1997 755

Go . Co r of Appeal

ROMERO, J.:

No less than the Constit tion commands

1
s to protect marriage as an in iolable social instit tion and
the fo ndation of the famil . In o r societ , the importance of a edding ceremon cannot be
nderestimated as it is the matri of the famil and, therefore, an occasion orth reli ing in the
s cceeding ears.
It is in this light that e narrate the follo ing ndisp ted facts:
/
 Pri ate respondents spo ses Hermogenes and Jane Ong ere married on J ne 7, 1981, in
D mag ete Cit . The ideo co erage of the edding as pro ided b petitioners at a contract price of
P1,650.00. Three times thereafter, the ne l eds tried to claim the ideo tape of their edding,
hich the planned to sho to their relati es in the United States here the ere to spend their
hone moon, and thrice the failed beca se the tape as apparentl not et processed. The parties
then agreed that the tape o ld be read pon pri ate respondents ret rn.
When pri ate respondents came home from their hone moon, ho e er, the fo nd o t that the
tape had been erased b petitioners and therefore, co ld no longer be deli ered.
F rio s at the loss of the tape hich as s pposed to be the onl record of their edding, pri ate
respondents filed on September 23, 1981 a complaint for specific performance and damages against
petitioners before the Regional Trial Co rt, 7th J dicial District, Branch 33, D mag ete Cit . After a
protracted trial, the co rt a rendered a decision, to it:
WHEREFORE, judgment is hereby granted:

1. Ordering the rescission of the agreement entered into between plaintiff Hermogenes Ong and defendant
Nancy Go;
2. Declaring defendants Alex Go and Nancy Go jointly and severally liable to plaintiffs Hermogenes Ong
and Jane C. Ong for the following sums:

1 2, A , 1987 C .

756

756 SUPREME COURT REPORTS ANNOTATED

Go . Co r of Appeal

a) P450.00, the down payment made at contract time;

b) P75,000.00, as moral damages;
c) P20,000.00, as exemplary damages;
d) P5,000.00, as attorney s fees; and
e) P2,000.00, as litigation expenses;

Defendants are also ordered to pay the costs.

SO ORDERED.

Dissatisfied ith the decision, petitioners ele ated the case to the Co rt of Appeals hich, on
September 14, 1993, dismissed the appeal and affirmed the trial co rt s decision.
Hence, this petition.
Petitioners contend that the Co rt of Appeals erred in not appreciating the e idence the
presented to pro e that the acted onl as agents of a certain Pablo Lim and, as s ch, sho ld not ha e
been held liable. In addition, the a er that there is no e idence
2
to sho that the eras re of the tape
as done in bad faith so as to j stif the a ard of damages.
The petition is not meritorio s.
Petitioners claim that for the ideo co erage, the camera-man as emplo ed b Pablo Lim ho
also o ned the ideo eq ipment sed.3 The f rther assert that the merel get a commission for all
c stomers solicited for their principal.
This contention is primaril premised on Article 1883 of the Ci il Code hich states th s:
ART. 1883. If an agent acts in his own name, the principal has no right of action against the persons with whom
the agent has contracted; neither have such persons agains t the principal.
In such case the agent is the one directly bound in favor of the person with whom he has contracted, as if the
transaction were his own, except when the contract involves things belonging to the principal.
xxx xxx x x x.

/
_______________
2 R , . 15-23.
3 Ib d., . 7.

757

VOL. 272, MAY 29, 1997 757

Go . Co r of Appeal

Petitioners arg ment that since the ideo eq ipment sed belonged to Lim and th s the contract as
act all entered into bet een pri ate respondents and Lim is not deser ing of an serio s
consideration. In the instant case, the contract entered into is one of ser ice, that is, for the ideo
co erage of the edding. Conseq entl , it can hardl be said that the object of the contract as the
ideo eq ipment sed. The se b petitioners of the ideo eq ipment of another person is of no
conseq ence.
It m st also be noted that in the co rse of the protracted trial belo , petitioners did not e en
present Lim to corroborate their contention that the ere mere agents of the latter. It o ld not be
n arranted to ass4
me that their fail re to present s ch a ital itness o ld ha e had an ad erse
res lt on the case.
As regards the a ard of damages, petitioners o ld impress pon this Co rt their lack of malice
or fra d lent intent in the eras re of the tape. The insist that since pri ate respondents did not
claim the tape after the lapse of thirt da s, as agreed pon in their
5
contract, the eras re as done in
consonance ith consistent b siness practice to minimi e losses.
We are not pers aded.
As correctl obser ed b the Co rt of Appeals, it is contrar to h man nat re for an ne l ed
co ple to neglect to claim the ideo co erage of their edding; the fact that pri ate respondents filed
a case against petitioners belies s ch assertion. Clearl , petitioners are g ilt of actionable dela for
ha ing failed to process the ideo tape. Considering that pri ate respondents ere abo t to lea e for
the United States, the took care to inform petitioners that the o ld j st claim the tape pon their
ret rn t o months later. Th s, the eras re of the tape after the lapse of thirt da s as nj stified.

______________
4 S 3( ), R 131 R C , () .
5 R , . 19.

758

758 SUPREME COURT REPORTS ANNOTATED

Go . Co r of Appeal

In this regard, Article 1170 of the Ci il Code pro ides that those ho in the performance of their
obligations are g ilt of fra d, negligence or dela , and those ho in an manner contra ene the
tenor thereof, are liable for damages.
In the instant case, petitioners and pri ate respondents entered into a contract hereb , for a fee,
the former ndertook to co er the latter s edding and deli er to them a ideo cop of said e ent. For
hate er reason, petitioners failed to pro ide pri ate respondents ith their tape. Clearl ,
petitioners are g ilt of contra ening their obligation to said pri ate respondents and are th s liable
for damages.
The grant of act al or compensator damages in the amo nt of P450.00 6
is j stified, as
reimb rsement of the do n-pa ment paid b pri ate respondents to petitioners.
Generall , moral damages cannot be reco ered in an action for breach of contract beca se this case
is not among those en merated in Article 2219 of the Ci il Code. Ho e er, it is also accepted in this
/
j risdiction that liabilit for a q asidelict ma still e ist despite the presence of contract al relations,
that is, the act hich iolates the contract ma also constit te a q asi-delict. Conseq entl , moral
damages are reco erable for the breach of contract hich as palpabl anton, reckless, malicio s or
in bad faith, oppressi e or ab si e.
Petitioners act or omission in recklessl erasing the ideo co erage of pri ate respondents
edding as precisel the ca se of the s ffering pri ate respondents had to ndergo.
As the appellate co rt aptl obser ed:
Considering the sentimental value of the tapes and the fact that the event therein recorded a wedding which
in our culture is a significant milestone to be cherished and remembered could no

6 A 2200, C C P .
7 PARA , C C P , , 1990, . 995-996; .B P I , 23 CRA 1117 (1968).
OLEN INO, COMM EN ARIE & J RI PR DENCE ON HE CI IL CODE OF HE PHILIPPINE , , 1995, . 656.

75

VOL. 272, MAY 29, 1997 759

Go . Co r of Appeal

longer be reenacted and was lost forever, the trial court was correct in awarding the appellees moral damages
albeit in the amount of P75,000.00, which was a great reduction from plaintiffs demand in the complaint, in
compensation for the mental anguish, tortured feelings, sleepless nights and humiliation that the appellees
suffered and which under the circumstances could be awarded as allowed under Articles 2217 and 2218 of the
Civil Code.

Considering the attendant anton negligence committed10

b petitioners in the case at bar, the a ard
of e emplar damages b the trial co rt is j stified to ser e as a arning to all entities engaged in
the same b siness to obser e d e diligence in the cond ct of their affairs.
The
11
a ard of attorne s fees and litigation e penses are like ise proper, consistent ith Article
2208 of the Ci il Code.
Finall , petitioner Ale Go q estions the finding of the trial and appellate co rts holding him
jointl and se erall liable ith his ife Nanc regarding the pec niar liabilities imposed. He
arg es that hen12 his ife entered into the contract ith pri ate respondent, she as acting alone for
her sole interest.
We find merit in this contention. Under Article 117 of the Ci il Code (no Article 73 of the Famil
Code), the ife ma e ercise an profession, occ pation or engage in b siness itho t the consent of
the h sband. In the instant case, e are con inced that it as onl petitioner Nanc Go ho entered
into the contract ith pri ate respondent. Conseq entl , e r le that she is solel liable to pri ate
respondents for the damages a arded belo , p rs ant to the princi-

______________

R , . 37.
10 A 2232, C C P .
11 ART. 2208. I , , ,
, :
(1) ;

12 R , . 23.

760

/
760 SUPREME COURT REPORTS ANNOTATED
People . Soriano
13
ple that contracts prod ce effect onl as bet een the parties ho e ec te them.
WHEREFORE, the assailed decision dated September 14, 1993 is hereb AFFIRMED ith the
MODIFICATION that petitioner Ale G o is absol ed from an liabilit to pri ate respondents and
that petitioner Nanc Go is solel liable to said pri ate respondents for the j dgment a ard. Costs
against petitioners.
SO ORDERED.

Rega ad (Cha a ), P , Me d a and T e , J ., JJ., conc r.

J dg e aff ed h d f ca .

No e. Secret marriage is a legall non-e istent phrase b t ordinaril sed to refer to a ci il

marriage celebrated itho t the kno ledge of the relati es and/or friends of either or both of the
contracting parties. (Re b c . C f A ea , 236 SCRA 257 [1994])

o0o
*
G.R. No. 114901. Ma 29, 1997.

PEOPLE OF THE PHILIPPINES, plaintiff -appellee, . LITO SORIANO Y SAGUCIO alias

LORETO SORIANO Y SAGUCIO, acc sed-appellant.

E de ce; W e e ; Fac a f d g f a c a e acc ded he h ghe e ec a he a e he be

a b e e he de e a d de ea f e e a d a e he c ed b . It is doctrinally
entrenched that factual findings of trial courts are accorded the highest res pect as they are in the best situa-

1 A 1311, C C P .
* FIR DI I ION.

VOL. 272, MAY 29, 1997 761

People . Soriano

tion to observe the deportment and demeanor of witnesses and to assess their credibility. Their factual
findings are disturbed only if there is abuse of discretion. But we are unable to discern any committed by the
trial court.
C a La ; Ra e; The ab e ce f e a ad e ega e a e. Then too, the defense harps on the
fact that no sperm was found on Hilda thus disproving her testimony that appellant allegedly raped her. But the
absence of spermatozoa does not negate rape. For in rape of this nature, it is only necessary to prove carnal
knowledge by using force and intimidation, which the prosecution in this case has more than sufficiently
established.
Sa e; Sa e; S ce a (2) e a e he c f a e, he e a a f he
e de ce e e ed he e ae e e a d he c ed b f he c a g e . If there is any
testimony that is incredible and contradictory, it is that of appellant. His denials are self-serving and do not
deserve any credence at all, especially when assayed against the positive and candid testimony of Hilda. Since
/
normally only two (2) persons are privy to the commission of rape, the evaluation of the evidence presented
therein ultimately revolves around the credibility of the complaining witness. It is Hilda s account of the case
that we are most inclined to accept.
Sa e; Sa e; The e ab e e be ee he e a f a a e c a d he d deed
c ed aga he . The above narration cannot inspire belief. For if indeed the accused caught his
girlfriend f ag a e with another man, he would not have reacted as mildly as he did. Again, appellant lost
no effort in describing Hilda as a woman of loose morals. But this serves no useful purpose at all. For the
character of a rape victim will not disprove rape. There is absolutely no nexus between the reputation of a rape
victim and the odious deed committed against her.

APPEAL from a decision of the Regional Trial Co rt of Bang i, Ilocos Norte, Br. 19.

The facts are stated in the opinion of the Co rt.

The S c Ge e a for plaintiff-appellee.
P b cA e Off ce for acc sed-appellant.
762

762 SUPREME COURT REPORTS ANNOTATED

People . Soriano

BELLOSILLO, J.:

LITO SORIANO Y SAGUCIO alias Loreto Soriano Sag cio as fo nd b the co rt a to ha e

raped Hilda Acio. The e idence confirms his c lpabilit ; hence, e affirm.
On 22 March 1991 Hilda Acio and Lesle Oania, a neighbor and friend, attended the fo ndation
anni ersar of their school. At aro nd eight-thirt in the e ening the left the festi ities and
proceeded to the ho se of Hilda s grandmother Mercedes de la Cr in Bg . Lanao, Bang i, Ilocos
Norte, to pass the night there. When the arri ed Mercedes and Hilda s t in sisters ere alread
asleep in the sala. Hilda had to se her o n ke to enter the ho se. Hilda and Lesle then slept ith
them.
At aro nd one-thirt the follo ing morning, Hilda as a akened hen she felt somebod s legs on
top of hers. She imm ediatel s itched on the light. She sa Lito Soriano Sag cio alias Loreto
Soriano Sag cio sitting b her side ith a long bolo on hand. He as reeking of liq or. Then Lesle
Oania, the t ins and the 70- ear-old Mercedes also oke p. Mercedes asked Lito h he as inside
their ho se. He ans ered that he as j st seeking ref ge as he had killed somebod . He arned
them not to disclose his presence in the ho se or he o ld kill all of them.
Lito sat on the sofa and ordered Hilda to sit at his side. Gripped ith fear, she obe ed; she had no
reco rse. Lito placed his bolo on top of her thighs and started kissing her on the lips and cheeks, at
the same time mashing her breasts. She p shed his hands a a . This anno ed him. He stood p and
poised to strike Mercedes on the neck. He ret rned to the sofa and contin ed kissing Hilda, mashing
her breasts and to ching her thighs. She parried him off. This all the more angered him. He stood p
and smothered Mercedes face ith a pillo . He commanded Hilda to open the main door and said
that he o ld onl lea e the premises if she o ld kiss him.
Hilda ref sed; s rprisingl , he did not insist. Instead, he asked Hilda to fetch him a glass of ater
and to open the kitchen door. Hilda offered to open the main door for him b t
763

VOL. 272, MAY 29, 1997 763

People . Soriano

he said he preferred to pass thro gh the kitchen door beca se his NPA companions ere aiting for
him o tside the kitchen.
/
 When the kitchen door as opened Lito immediatel p lled Hilda and pinned her against the
concrete all of the kitchen. He remo ed his shorts and briefs and started kissing her again. She
str ggled so he bo ed her on the stomach. This isibl eakened her. As he dragged her she held on
to her shorts in an effort to th art his se al assa lt. B t all her resistance pro ed f tile. Lito
forcibl remo ed her pant , laid on top of her, inserted his penis into her agina and had interco rse
ith her. He kissed her from the face do n to her most co eted part. After slaking his l st, Lito got
p and p t on his clothes. Hilda sei ed that opport nit to escape. She immediatel gathered her
clothes and ran to ards the kitchen. Once inside, she locked the door. He lingered o tside the ho se
for a hile b t left soon after.
Hilda lost no time in narrating her harro ing e perience to Lesle . E en itho t being told,
Mercedes sensed that Lito had offended Hilda. At aro nd fi e o clock that same morning, the incident
as rela ed to Victoria de la Cr , a nt of Hilda, ho in t rn asked someone to report the matter to
the police. Hilda as then bro ght to the Bang i District Hospital here she as e amined b Dr.
Diosdado I. Gar ida. The medico-legal e amination disclosed that Hilda s ffered abrasions on the
right side of her neck; another j st belo the mandible; and still another, on the le el of the lar n .
She also s stained a cont sion on the right b ccal area, and an er thema at the aginal 1orifice. She
as also fo nd to ha e an old h menal laceration at 3:00 o clock and 9:00 o clock positions.
Lito Soriano as apprehended and bro ght to the police station for in estigation. On 25 March
1991 Hilda Acio filed a complaint
2
against Soriano ith the M nicipal Circ it Trial Co rt of Bang i-
Pag dp d-Adams-D malneg. After preliminar e amination, the in estigating j dge fo nd a a
fac e

______________
1 E . B, F E .
2 D C .C N . 4049-B.

764

764 SUPREME COURT REPORTS ANNOTATED

People . Soriano

case against the acc sed, and on 133 Ma 1991 he as formall charged ith rape before the Regional
Trial Co rt of Bang i, Ilocos Norte.
Lito Soriano told a different stor . At the pre-trial conference he admitted ha ing se al
interco rse ith Hilda. Ho e er his admission as later ithdra n for ha ing p rportedl been
made impro identl . O n the itness stand he claimed that since 15 A g st 1988 ntil the alleged
rape he and Hilda ere s eethearts. On 17 March 1991, or three (3) da s before the incident, he sa
Hilda ha ing se al interco rse ith her bo friend Joemer R mbaoa. He felt bad abo t it. On 22
March 1991, hile he as ha ing a snack at Hilda s store, she approached him and asked if she co ld
talk to him later at her grandmother s ho se. So, at aro nd eight-thirt that e ening, he ent to their
tr st and then and there ended their relationship. He sta ed there for onl thirt (30) min tes and
then left for home and slept. The follo ing morning he as picked p b the police and taken to the
m nicipal jail.
On 16 No ember 1993, after trial, the Regional Trial Co rt fo nd Lito Soriano Sag cio alias
Loreto Soriano Sag cio g ilt of rape and sentenced him to 4
s ffer the penalt of ec
e e a, to indemnif Hilda Acio P50,000.00, and to pa the costs.
Acc sed-appellant imp tes the follo ing errors to the co rt a : (1) in holding that force and
intimidation attended the carnal act bet een acc sed-appellant and pri ate complain-ant; (2) in
finding acc sed-appellant g ilt of rape despite the incredible testimon of pri ate complainant; and,
(3) in finding acc sed-appellant g ilt of5 the crime charged despite the fail re of the prosec tion to
pro e his g ilt be ond reasonable do bt.
It is doctrinall entrenched that fact al findings of trial co rts are accorded the highest respect as
the are in the best sit ation to obser e the deportment and demeanor of it-
/
______________
3 D C .C N . 833-19.
4 D , RTC-B . 19, B ,I N , . 17; R , . 42.
5 A B , . 1-2; R , . 89-90.

765

VOL. 272, MAY 29, 1997 765

People . Soriano

nesses and to assess their credibilit . Their fact al findings are dist rbed onl if there is ab se of
discretion. B t e are nable to discern an committed b the trial co rt.
Acc sed-appellant contends that the testimon of Hilda Acio is incredible and n orth of belief.
We hold other ise. Hilda 6
had no ill moti e in filing this case against appellant ho himself
ackno ledged this fact. Hilda s ccessf ll eathered not onl the direct and redirect e aminations
b t also the gr eling and probing cross and re-cross q estions. Not for a moment did she contradict
herself. She cried on the itness stand hen she recalled her horrendo s ordeal in the hands of
appellant. The lapse of t o (2) ears did not stop her tears from falling again hen she took the
itness stand as a reb ttal itness.
Acc sed-appellant theori es that Hilda co ld ha e easil resisted the se al assa lt on her person
had she anted to. Her fail re to do so co ld onl mean that she ol ntaril s bmitted to the se al
congress. B t the e idence at hand conf tes this assertion. From the er start Hilda parried off the
improper ad ances of appellant, b t e er tim e he co ntered b threatening to strike her
grandmother and t in sisters. He e en bo ed Hilda on the stomach. What is more, he had a long bolo
on hand hich he brandished hene er she resisted.
Then too, the defense harps on the fact that no sperm as fo nd on Hilda th s dispro ing her
testimon that appellant allegedl raped her. B t the absence of spermato oa does not negate rape.
For in rape of this nat re, it is onl necessar to pro e carnal kno ledge b sing force and
intimidation, hich the prosec tion in this case has more than s fficientl established.
If there is an testimon that is incredible and contradictor , it is that of appellant. His denials are
self-ser ing and do not deser e an credence at all, especiall hen assa ed against the positi e and
candid testimon of Hilda. Since normall onl t o (2) persons are pri to the commission of

______________
6 TSN, 3 M 1993, . 83.

766

766 SUPREME COURT REPORTS ANNOTATED

People . Soriano

rape, the e al ation of the e idence presented therein ltimatel re ol es aro nd the credibilit of
the complaining itness. It is Hilda s acco nt of the case that e are most inclined to accept.
Acc sed-appellant s persistent a o al that Hilda has been his s eetheart since 27 October 1988
appears farfetched. Hilda as born on 8 Febr ar 1975 and this makes her onl thirteen (13) ears
old hen she allegedl became romanticall linked to him, ho b then as alread t ent -eight (28)
ears old. F rthermore, he as li ing in ith a certain E el n Ramos. Lito also testified that he as
not Hilda s first bo friend. Th s

Atty. Reyes:
  Now, you mentioned a certain Lando Aguinaldo
and Joemer Rumbaoa as sweetheart(s) of Hilda
/
 Acio, do you know who was the first among (sic)
these two (2) persons (to be) the sweetheart of
Hilda Acio? 
xxxx
A. Orlando Aguinaldo, sir.
Q. A resident of that place?
A. Yes sir, we are neighbors.
Q. Do you know why they broke the relationship?
A. Because Orlando died during the NPA and PNP
encounter in Dumalneg, sir.
Q. Do you know how long the relationship went on?
  xxxx
A. I do not know how many years they were staying
with each other, sir.
Q. But very long?
A. Perhaps about three years, sir.
Q. And immediately after that relationship (you)
became sweethearts?
A. Yes, sir.
Q. At what moment did Joemer Rumbaoa become
the sweetheart of Hilda Acio?
7
A. On March 17, 1991, sir x x x x

Ass ming that Orlando Lando Ag inaldo as Hilda s first bo friend and that the relationship
lasted for abo t three

______________
7 TSN, 17 F 1993, . 76-77.

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People . Soriano

ears, this o ld make Hilda onl ten (10) or ele en (11) ears old at the start of the s pposed
relationship. This b itself begs credibilit hich can onl lead to the concl sion that all these are
onl the prod ct of the acc sed s distorted imagination.
Acc sed-appellant claims that on 17 March 1991 he sa Joemer R mbaoa and Hilda ind lging in
se al interco rse inside the latter s store. If the acc sed as Hilda s bo friend at that time, as he
o ld ha e s belie e, his reaction to the incident o ld be no less than at pical:

Atty. At what moment did Joemer Rumbaoa

Reyes: become the sweetheart of Hilda Acio?
Lito On March 17, 1991, sir, when I went to buy
/
Soriano: cigarettes at the store of Hilda Acio, I
heard somebody moaning, and when I
peeped through the hole on the wall, I saw
Hilda and a man inside. The man was on
top of Hilda. At the mom ent I had not yet
recognized Joemer Rumbaoa. After a while
I knocked on the small window of the store
and Hilda Acio asked who is that ; I
simply answered, it is me, then Hilda
opened the small wind ow and I looked
inside and I saw Joemer Rumbaoa who was
putting on his pants and left the place in a
hurry.
  xxxx
Atty. Will you describe Hilda and Joemer at the
Reyes: first time you saw them at the store on
March 17, 1991?
Lito Both of them were naked, sir. Joemer was
Soriano: on top of Hilda Acio, and they were kissing
each other.
Q. How were you able to recognize Joemer
Rumbaoa and Hilda Acio in that condition?
A. When Hilda Acio opened the window I
peeped through it, I saw them and there is
(sic) also a small bulb which was lighted
near the image of Virgin Mary sir.
Q. Where was (sic) Hilda and Joemer lying
when you saw them?
A. On a folding bed, sir.
Q. What was your reaction when you s aw
them ?
  xxxx
Lito Of course I felt bad about it, and I did not
Soriano: expect Hilda to do that, sir.

768

768 SUPREME COURT REPORTS ANNOTATED

People . Soriano

Atty. Were you able to talk to Hilda immediately

Reyes: after you saw them in that situation?
A. I did not talk to her after she handed the
cigarettes I went already, sir.
/
 Q. Were you able to talk to Joemer Rumbaoa?
A. No, sir, we talked the following day.
Q. Where did you talk?
A. On the street when we chanced upon each
other, sir.
Q. What did you converse about?
A. We talked about what happened to them. I
told Joemer Rumbaoa to marry Hilda Acio
otherwise I would report to the father of
Hilda, but Joemer declined because he said
he found out that Hilda was no longer a
virgin woman, sir.
  xxxx
Q. After that incident, did you have a chance to
talk to Hilda Acio?
A. On March 22, 1991, sir.
Q. Where did you talk with Hilda Acio?
A. When I went to take merienda at the store at
about 4:00 o clock in the afternoon, sir.
Q. Did she call for you at the store?
A. She told me, Would you mind to come at the
house of my grandmother?

The abo e narration cannot inspire belief. For if indeed the acc sed ca ght his girlfriend
f ag a e ith another man, he o ld not ha e reacted as mildl as he did. Again, appellant lost no
effort in describing Hilda as a oman of loose morals. B t this ser es no sef l p rpose at all. For the
character of a rape ictim ill not dispro e rape. There is absol tel no ne s bet een the rep tation
of a rape ictim and the odio s deed committed against her.
B t if there be an do bt still on the c lpabilit of appellant, his letter to Hilda and her parents
(E hs. C and C-1 ) sho ld dispel that do bt and clinch the case for the prosec tion. In the letter,
appellant e ea ed ad ed he g he c ed aga H da and begged f he f g e e
a d

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8 Id., pp. 77-80.

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People . Soriano

ha f he a e , b he , e a dg a d he . The letter hich appellant admitted to ha e

ritten on 19 December 1991 in the Ilocano dialect and no translated into Eng-lish pertinentl reads

/
 Dearest Uncle, A ntie and Ading ko (a o nger person) Hilda,
I hope to God that o r famil is fine I e e f he g a e I ha e c ed
aga . And I e e f a gf g e e f and from pra ing to the Lord
God (italics s pplied).
Uncle, A ntie and partic larl to o ading ko Hilda, Leslie O., Josie, Joseph, Jack , Merie
Flor, and Merie Jane and Lola Merced, d f g e e f ha g a e I ha e c ed
aga h e fa I tr l repent from ha ing offended o , for I as hea il
dr nk at that time and did not kno hat I as doing at that da . And I ea dI ea
ha I e e c a aga D f g e e , Uncle, A ntie and
especiall o , ading ko Hilda. And I e a d ea aga ha I aga and
please gi e me another chance to change and atone (for) m offense agains t o (italics
s pplied).
Do forgi e me no Uncle, A ntie and ading ko Hilda for I can no longer sleep thinking
and pra ing to o r Lord God, a g ha hea f g e e f Yes, Uncle,
A ntie and ading ko Hilda, I aga a f g e e a dI ea d ea ha I e e
c a aga . Not an more f I ha e c e ea e he g a f ffe e aga
. Yes, Uncle and A ntie, do forgi e me no and if possible let s s ettle this case (italics
s pplied).
I kno that o r Lord God nderstands and forgi es all sinners like me.
Till no , m regards to all of o and ma the Lord o r God grant o peace and ans er o r
pra ers.
Asking o r forgi eness,
(Sgd.) LITHO SORIANO

WHEREFORE, the Decision of the co rt a finding acc sed-appellant LITO SORIANO Y

SAGUCIO alias Loreto

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E . C-2, R , . 178.

770

770 SUPREME COURT REPORTS ANNOTATED

Pa erno . Co r of Appeal

Soriano Sag cio GUILTY of RAPE and sentencing him to s ffer the penalt of ec
e e a ith all the accessor penalties pro ided b la , to pa Hilda Acio moral damages in the
amo nt of P50,000.00 and to pa the costs, is AFFIRMED.
SO ORDERED.

V g, Ka a and He a, J ., JJ., conc r.

Pad a (Cha a ), J., On lea e.

J dg e aff ed.

No e . Clothes of the ictim are not essential and need not be presented as the are not
indispensable e idence to pro e rape. (Pe e . B d , 143 SCRA 241 [1986])
It is not ncommon for o ng girls to conceal for some time the assa lts on their irt e beca se of
the rapist s threats on their li es. (Pe e . E , 229 SCRA 50[1994])

o0o