Republic of the Philippines

Supreme Court
Baguio City
FIRST DIVISION
PEOPLE OF THE PHILIPPINES,

Plaintiff-Appellee,

G.R. No. 178406

Present:
CORONA, C.J.,
Chairperson,

VELASCO, JR.,
LEONARDO-DE
CASTRO,
DEL CASTILLO, and
PEREZ, JJ.

- versus -

RONALDO SALUDO,

Accused-Appellant.

Promulgated:

April 6, 2011
x- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -x

DECISION

LEONARDO-DE CASTRO, J.:

On appeal is the Decision[1] dated February 24, 2006 of the Court of Appeals
in CA-G.R. CR.-H.C. No. 01553, which affirmed with modification the Joint
Judgment[2] of the Regional Trial Court (RTC), Branch XLII, of Pinamalayan,
Oriental Mindoro, in Criminal Case Nos. P-5428, P-5429, P-5430, and P-5431,

finding \accused-appellant Ronaldo Saludo guilty of four counts of rape, and

sentencing him to reclusion perpetua and ordering him to indemnify the victim in
the amount of P50,000.00 for each count of rape, without subsidiary
imprisonment. The Court of Appeals, in addition to the penalties imposed by the
court a quo, ordered Saludo to pay the victim P50,000.00 moral damages for each
count of rape.
Consistent with our decision in People v. Cabalquinto,[3] the real name of the
rape victim in this case is withheld. Instead, fictitious initials are used to
represent her.Also, the personal circumstances of the victim or any other
information tending to establish or compromise her identity, as well as those of her
immediate family or household members, are not disclosed in this decision. [4] In
this regard, the herein rape victim is referred to as AAA.
In four separate Informations dated August 14, 1995, accused-appellant was
charged with four counts of rape committed against AAA on April 10, [5] April 26,
[6]
May 19,[7] and June 21, 1995.[8] Except for the dates of the commission of the
crime, the Informations were identically worded, thus:
CRIM. CASE NO. 5429
That on or about the 10th day of April 1995 at around 9:00 oclock in the
evening, in barangay XXX, municipality of XXX, province of XXX, Philippines
and within the jurisdiction of this Honorable Court, the above-named accused, by
means of force and intimidation, motivated by lewd and unchaste design, did then
and there willfully, unlawfully and feloniously lay with and have carnal
knowledge with one [AAA], a 14- year-old girl, against her will and without her
comment.

During his arraignment on September 5, 1995, accused-appellant entered a

plea of not guilty to all four charges against him.[9]
The prosecution presented the oral testimonies of AAA, the victim; CCC,
AAAs mother; and Dr. Jorge Palomaria, the physician who physically examined
AAA. They testified as to the following:
The first witness, the prosecution presented was the
complainant, [AAA]. She testified that she is 14 years old, single, student, and
presently residing at x x x.

 She personally knows the accused Ronaldo Saludo

who is a long time neighbor, living just a few meters away from their hut at x x
x. There were several houses clustered in between their respective houses.
[AAA] declared that her parents have been separated
for a long time. Her father left them for Manila bringing with him her two
sisters. From that time on her mother, three years old sister [BBB], and herself,
live in a small hut. The siding of their hut is made of nipa shingles and anyone
could easily have access inside the hut.
That last April 10, 1995 at around 9:00 p.m., she and
[BBB] were left in their hut. Her mother was in a nearby chapel having a
pabasa, as it was a Holy Monday. She slept in one side of their hut while
[BBB] slept on the other side. She was awakened when she felt someone
entered their hut. It was accused Ronaldo Saludo at a distance of around five
meters away from where she was. Immediately after seeing the accused already
standing inside their hut, she also stood up, and shouted Putang ina mo, anong
ginagawa mo sa aming bahay. Accused approached her and closed her
mouth with his hand. Complainant pushed the accused but the latter poke a
balisong knife at her.
There and then, Ronaldo Saludo took off her shorts
and panty. Then accused placed himself on top of her, tried hard to insert her
(sic) organs to hers.Ultimately, accused succeeded in raping her.
Ronaldo Saludo threatened her that she and her
mother would be killed, if she would tell to anybody what have
transpired. After he uttered his threat to her, Ronaldo Saludo left the place.
On the very same evening her mother returned home
from the chapel. She did not tell her what had happened because of the threat
that she and her mother would be killed.
[AAA] underwent sexual experiences against her
will with the use of force and intimidation, not once but three more times.
The exact sequence of the startling events happened
again on April 26, May 19 and June 21, 1995, in the hands of Ronaldo Saludo
everytime her mother is in Manilatransporting bananas. Despite those
horrifying sexual experiences, complainant continued to attend her classes at the x
x x National High School. She did not inform anybody what had happened to
her. Neither, did she tell her teachers nor close friends and classmates that she
was sexually abused by the accused. She was so much afraid that accused
would make good his threat to kill her and her family.

 On July 7, 1995 there is a good reason for her mother

to be suspicious as her abdomen is becoming bigger and bigger. And so, [AAA]
confronted her mother and told her Inay, kung ako ay magsasabi sa iyo,
huwag mo akong bugbugin sapagkat ako ay buntis at ang nakabuntis sa akin ay
si Ronaldo Saludo. She also informed her mother regarding the threat of the
accused to kill them if she would divulge what had happened to them.

The following day, July 8, 1995 they finally decided

to transfer their residence from x x x in order to escape from the accused as he
might make good his threat.With such decision, [AAA] had to quit schooling.
On July 9, 1995, [AAA] and her mother [CCC] went
to the municipal (sic) police station of x x x, and thereat executed their respective
sworn statement relative to the incident in question
And, on July 16, 1995 [AAA] voluntarily subjected herself to the medical
examination.
Dr. Jose G. Palomaria, in his medico-legal report made the following
finding:
P.E. (Physical
Examination)
ABDOMEN: With
palpable mass occupying the lower half of the abdomen,
globular with the smooth surface probably the uterus,
fundic height is one finger below the umbilicus.
I.E. (Internal Examination) Normal external genital
except for old hymenal laceration at 1, 3, 5 and 9
oclock position with whitish vaginal discharge in
minimal amount.
- With (laceration) violaceous, soft cervic compatible to
a pregnancy.
Suggesting: Dopper examination, Preg. Test. DX: P.U. 17-18
weeks, Gravida one.[10]

The prosecution submitted AAAs Certificate of Live Birth to establish

that she was born on January 14, 1981[11] and that she was 14 years old when the
alleged rape took place.
Saludo himself; Enrique Perez, Sr., a neighbor of AAA and accusedappellant in Barangay XXX; Renato Naling, a kagawad of Barangay XXX; Jimmy
de Castro, Municipal Mayor of XXX; and Sheryl Perez, Enrique Perez, Sr.s

daughter, testified for the defense. The defenses version of events, based on
said witnesses testimonies, is as follows:
For

his
defense,
accused
maintains
his
innocence. He knows [AAA] from childhood and her mother [CCC], since he
reaches the age of reason. In fact they are neighbors living just 20 meters away
from his house at x x x. There are several houses clustered in between their
houses. One of them is the house of [DDD], a cousin of [CCC], which is just
behind [CCCs] house. Other houses therein are owned by the mother and a
brother of [CCC] not far away from the house of the latter.
Accused did not deny his presence in the neighborhood. He declares
that in the evening of April 10, 1995, he was in his house with Mayor Jimmy de
Castro and other political leaders. There was a political meeting to promote the
candidacy of de Castro who was then a mayoralty candidate. After the meeting,
which ended at around 10:00 oclock in the evening, they proceeded to a
pabasa in a nearby chapel. Accused brought with him a lamp (Aladdin),
and even saw [CCC] (mother of complainant) serving snacks to the participants of
the pabasa. At around 1:00 oclock in the morning, the mayor and his
group went home, leaving behind accused who preferred to stay until 3:00
oclock in the morning. He reasoned out that it would be impossible for him
to commit the act implicated upon him as he was at the above stated place, at time
and date in question.
Mayor Jimmy de Castro confirmed that his political leaders, Ronaldo
Saludo and a certain Eddie Red, were all the time present during the political
rally. He even requested the accused to entertain the participants. He likewise
confirmed that after the meeting they proceeded to a pabasa in a nearby
chapel and stayed there until 1:00 in the morning but could not ascertain the
accuseds whereabouts when they were already at the chapel.
Moreover, accused vehemently denied the accusation levelled (sic) against
him regarding that incident on April 26, May 19 and June 21, 1995. He claims
that these charges against him are all baseless, untrue and fabricated.
He explained that sometime in April or May 1995, [AAA] and a certain
Jerry Manongsong eloped. They planned to get married and so Jerry, together
with his uncles, aunts and grandmother went to the house of [AAA] to ask for her
hand in marriage (pamanhikan). Unfortunately [CCC], the mother of [AAA]
outrightly rejected the marriage proposal, because Jerry was jobless.
[CCC] even made a remark Bubuntisan lang ng bubuntisan lang si
[AAA] ay wala namang trabaho. With a feeling of rejection, the
Manongsong family approached Councilman Naling to intercede for them, but the
latter was hesitant to take steps as they were already rejected. Without recourse,
Jimmy [Jerry] approached Brgy. Capt. Wenceslao Saludo (father of the accused)

instead and confined (sic) his predicament. By chance, was Ronaldo Saludo
and two (2) other councilman having a drinking spree. Ronaldo Saludo
jokingly made a remark Mabuti pang ako ang nakabuntis, yon palay
magpapabuntis din lamang, mabuti pa na ako na nang may ganansiya pa.
Accused vividly remembers that everytime [AAA]
would be in the store, fronting their house, he would jokingly greet her Ako
na lang ang magiging tatay niyan [AAA] would just laugh. However, it was
a different thing to [CCC], She resented it and took it seriously. She confronted
and scolded Ronaldo Saludo for making such undisciplined remarks.
Accused recalls that the only reason, the complainant
and her mother would charged him of rape is because of his uncalled for
remarks. However, he explains that it was merely a practical joke he
played. He had no intention whatsoever to malign or cause damage neither to
the complainant nor to her mother.[12]

For rebuttal, the prosecution called upon AAA once more and Jerry
Manongsong (Manongsong) to belie the defense witnesses testimonies:
They disclaim that there was no pamanhikan that ever took place, as
they were not sweetheart. Jerry Manongsong admitted to have executed an
affidavit dated August 04, 1995(Exh. G). He was misled to sign another one in
the month of September 1995 by Brgy. Capt. Wenceslao Saludo in Calapan, and
not in the presence of Prosecutor Antonio Baldos.[13]

After trial, the RTC rendered its Decision on July 22, 1999 finding accusedappellant guilty of four counts of rape, thus:
ACCORDINGLY, the court finds accused RONALDO SALUDO
GUILTY beyond reasonable doubt, as principal, of the crime of RAPE (4 counts)
defined and penalized in Art. 335 of the RPC, and hereby sentences him to suffer
FOUR (4) RECLUSION PERPETUA, together with the accessory penalties
provided by law and to pay the cost.
Accused is likewise ordered to indemnity the victim AAA the amount
of P50,000.00 in each count of rape, without subsidiary imprisonment.
The accused shall be entitled to the full term of his preventive
imprisonment, if he has any to his credit, provided that he shall agreed to abide
with the disciplinary rules imposed upon convicted prisoners, otherwise he shall
be entitled to only four-fifths of the preventive imprisonment.

The bail bond posted by the accused for his provisional liberty is hereby
ordered cancelled and forthwith a warrant of arrest be issued.[14]

The records of these cases were forwarded to us for review and we accepted
accused-appellants appeal in our Resolution[15] dated September 11, 2000. The
People, through the Office of the Solicitor General (OSG), filed its Appellee's Brief
on February 6, 2003[16] while accused-appellant filed his Appellant's Brief
on September 19, 2002.[17]
Conformably with our decision in People v. Mateo,[18] we remanded accusedappellants appeal to the Court of Appeals where it was docketed as CA-G.R.
CR.-H.C. No. 01553.
The Court of Appeals, in its Decision dated February 24, 2006, affirmed the
judgment of conviction of the RTC, but with the modification that accusedappellant was further ordered to pay AAA moral damages in the amount
of P50,000.00 for each count of rape. The appellate court decreed:
WHEREFORE, the Decision dated July 22,
1999 rendered by the Regional Trial Court of Pinamalayan, Oriental Mindoro,
Branch XLII, in Criminal Cases Nos. P-5428, P-5429, P-5430 and P-5431,
finding the accused-appellant guilty beyond reasonable doubt of the crime of rape
on four (4) counts to suffer the penalty of four (4) reclusion perpetua and to
indemnify the victim the amount of P50,000.00 in each count of rape
is AFFIRMED with
the MODIFICATION that
the
accused-appellant
is further ordered to pay private complainant the amount of P50,000.00 for each
count of rape as moral damages.[19]

On July 4, 2007, the case records were forwarded to us for

review a second time.[20]
In the Resolution dated August 1, 2007,[21] we required
the parties to file their respective supplemental briefs, if they so
desire. However, the parties submitted separate manifestations stating that they
were waiving the filing of supplemental briefs and opting, instead, to stand by the
briefs they had previously filed.
In his Appellants Brief, accused-appellant made the following assignment
of errors:

I
THE TRIAL COURT ERRED IN NOT REJECTING THE HIGHLY
PREPOSTEROUS, IF NOT OBVIOUSLY REHEARSED TESTIMONY OF THE
PRIVATE COMPLAINANT IN CRIMINAL CASES NOS. 5428, 5429, 5430
AND 5431.
II
THE TRIAL COURT ERRED IN GIVING FULL FAITH AND CREDENCE TO
THE PRIVATE COMPLAINANTS TESTIMONY CONSIDERING THAT
SHE DID NOT OFFER ANY TENACIOUS RESISTANCE AND
CONSIDERING THE FACT THAT THERE WAS DELAY IN REPORTING
THE ALLEGED RAPES TO THE AUTHORITIES.
III
THE TRIAL COURT ERRED IN NOT GIVING EVIDENTIARY WEIGHT TO
THE EVIDENCE ADDUCED BY THE ACCUSED-APPELLANT WHICH WAS
AMPLY CORROBORATED ON MATERIAL POINTS BY DISINTERESTED
WITNESSES.
IV
THE TRIAL COURT ERRED IN CONVICTING ACCUSED-APPELLANT OF
FOUR (4) COUNTS OF RAPE DESPITE THE FAILURE OF THE
PROSECUTION TO SUBSTANTIATE HIS GUILT BEYOND REASONABLE
DOUBT.

Accused-appellant harps on the following purported holes

in AAAs testimony: (1) AAA did not categorically state that accused-appellant
succeeded in inserting his penis into her vagina; (2) according to AAA, the rapes
happened at night, but she did not say that there was enough light for her to
clearly identify accused-appellant; (3) AAA and her mother CCC gave
contradicting reasons as to why the alleged rapes were divulged almost three
months after the first alleged rape took place; and (4) AAA did not offer any
tenacious resistance during the alleged sexual assaults, thus, the requisite of force
and intimidation for the crime of rape was lacking.
Accused-appellant is essentially challenging AAAs credibility and the
weight attributed by the RTC to the prosecutions evidence. However, these
are factual matters on which the findings of the trial court, as a general rule, bind

the appellate courts. In People v. Malejana,[22] citing People v. Flores,[23] we

provided the following explication that:
When the credibility of the witnesses is at issue, appellate courts will not disturb
the findings of the trial court, the latter being in a better position to decide the
question, having heard the witnesses and observed their deportment and manner
of testifying during the trial unless certain facts of substance and value had been
overlooked which, if considered, might affect the results of the case. The
underlying reason for this principle has been explained as follows:
Having the opportunity to observe them, the trial judge is able to
detect that sometimes thin line between fact and prevarication that will
determine the guilt of the accused. That line may not be discernible from
a mere reading of the impersonal record by the reviewing court.
The record will not reveal those tell-tale signs that will affirm the
truth or expose the contrivance, like the angry flush of an insisted
assertion or the sudden pallor of a discovered lie or the tremulous mutter
of a reluctant answer of the forthright tone of a ready reply. The record
will not show if the eyes have darted in evasion or looked down in
confession or gazed steadily with a serenity that has nothing to distort or
conceal. The record will not show if tears were shed in anger, or in
shame or in remembered pain, or in feigned innocence. Only the judge
trying the case can see all these on the basis of his observations arrive at
an informed and reasoned verdict.

There is no reason for us to depart from the general rule in

this case. Reviewing the records of the case ourselves, we do not find any fact or
circumstance overlooked, misunderstood or misapplied by the RTC, which, if
considered, would have warranted a modification or reversal of the outcome of the
case. Consequently, we are according high respect, if not conclusive effect, to
the factual findings of the RTC, including its assessment of the credibility of the
witnesses and the probative weight thereof, as well as the conclusions of the trial
court based on its factual findings, especially since such findings had been
affirmed by the Court of Appeals.[24]
Article 335 of the Revised Penal Code, as amended by
Republic Act No. 7659,[25] describes how the crime of rape is committed:
ART. 335. When and how rape is committed. - Rape
is committed by having carnal knowledge of a woman under any of the following
circumstances:
(1) By using force or intimidation;

(2) When the woman is deprived of reason or otherwise

unconscious; and
(3) When the woman is under twelve years of age or is
demented.
The crime of rape shall be punished by reclusion
perpetua.
Whenever the crime of rape is committed with the
use of a deadly weapon or by two or more persons, the penalty shall be reclusion
perpetua to death.

The prosecutions evidence established beyond

reasonable doubt all elements of rape committed against AAA on four
occasions. The supposed defects in AAAs testimony, pointed out by accusedappellant, do not diminish AAAs credibility.
It should be remembered that the declarations on the witness stand of rape
victims who are young and immature deserve full credence. Succinctly, when
the offended parties are young and immature girls from the ages of twelve to
sixteen, courts are inclined to lend credence to their version of what transpired,
considering not only their relative vulnerability but also the shame and
embarrassment to which they would be exposed by court trial if the matter about
which they testified were not true.[26]
Rape is a painful experience which is oftentimes not
remembered in detail. For such an offense is not analogous to a persons
achievement or accomplishment as to be worth recalling or reliving; rather, it is
something which causes deep psychological wounds and casts a stigma upon the
victim, scarring her psyche for life and which her conscious and subconscious
mind would opt to forget. Thus, a rape victim cannot be expected to
mechanically keep and then give an accurate account of the traumatic and
horrifying experience she had undergone.[27]
Here, AAA was only 14 years old when she was mercilessly corrupted by a
conscienceless human being with bestial desires. With more reason must we
accord to her greater understanding, consideration, and sensitivity as she relives,
through her testimony, her harrowing experiences at accused-appellants
hands.

 Although AAA failed to describe the incidents of rape in

more detail, it is still plain and clear from her testimony that accused-appellant,
through force and intimidation, was able to successfully have carnal knowledge of
AAA on four separate dates:
FISCAL BALLOCANAG:
Q After you pushed Ronaldo Saludo and uttering these words
what did Ronaldo Saludo do if any?
A He poked a balisong knife on me.
Q What happened after that?
A He removed my shorts including my panty, sir.
Q After that what transpired next?
A He lie down on top of me and tried hard to insert his
penis into my vagina.
(witness is weeping)
Q When Ronaldo Saludo undressed you and went on top of you
will you inform this court how Ronaldo undressed himself?
A He is already naked, sir.
Q After Ronaldo Saludo went on top of you what did you do
if any?
A I tried to push him away, sir.
Q What happened next?
A He raped me, sir.
Q What happened next?
A He told me not to tell anybody what happened because if I
will do so he will kill me as well as my mother with that I became angry
and afraid.
Q After that incident on April 10, 1995 which you have just
narrated was there any other incident that transpired between you and
Ronaldo Saludo?
A Yes, sir.
xxxx
Q What happened on April 26, 1995 pm?
A Again Ronaldo Saludo raped me, sir.

Q How did Ronaldo Saludo raped you?

A He threatened my life, sir.
Q So it appears from your testimony that Ronaldo Saludo
raped you on April 10 and another on April 26, 1995, is that correct?
A Yes, sir.
xxxx
Q After that incident on April 26, 1995 was there any other
incident that happened between you and Ronaldo Saludo?
A Yes, sir.
Q When was that?
A May 19, 1995, sir.
Q What transpired on May 19, 1995?
A Again Ronaldo Saludo entered my residence, sir.
Q What happened?
A He again threatened my life.
Q What else did he do aside from threatening your life?
A He again raped me, sir.
xxxx
Q After that incident on May 19, was there any incident that
transpired between you and Ronaldo?
A Yes, sir.
Q When was that?
A June 21, 1995, sir.
Q Was it in the afternoon?
A In the evening, sir.
xxxx
Q The same is true on that night which happened on June 21,
1995?
A Yes, sir. [28] (Emphases ours.)

 As put down on record, AAA broke down and cried as she

was giving her testimony before the RTC. Such tears were a clear indication that
she was telling the truth. As it has been repeatedly held, no woman would want
to go through the process, the trouble and the humiliation of trial for such a
debasing offense unless she actually has been a victim of abuse and her motive is
but a response to the compelling need to seek and obtain justice.[29]
Moreover, AAAs testimony is corroborated by the medical findings of Dr.
Palomaria, the examining physician. Dr. Palomaria testified that AAA had an old
hymenal laceration at 1, 3, 5 and 9 oclock positions and was, in fact, pregnant at
the time of the examination. It is well-settled that when the victims testimony
is corroborated by the physicians finding of penetration, there is sufficient
foundation to conclude the existence of the essential requisites of carnal
knowledge. Lacerations, whether healed or fresh, are the best physical evidence
of forcible defloration.[30]
Accused-appellants contention that AAA could not have
positively and clearly identified her assailant because the rapes were committed at
nighttime, deserves scant consideration. We agree with the following
observation of the Solicitor General:
It is true that it was nighttime when appellant perpetrated the dastardly
acts. However, the darkness was not such as to absolutely preclude anyone
from seeing anything as shown by AAAs declarations.
AAA categorically testified that it was appellant who entered their hut and,
thereafter, raped her on April 10 and 26, 1995, May 19, 1995 and June 21, 1995,
AAA could not have mistaken appellant for somebody else since appellant was
her long time neighbor and their houses were only thirty (30) meters away from
each other. In fact, being neighbors, AAA was already familiar with
appellants physical feature.
Thus, it has been held that identification of a person is best established
through familiarity with his physical feature.
Assuming that AAAs hut was in total darkness when the rapes
happened, the same did not prevent AAA from recognizing her attacker because
of their geographical propinquity during the violation.[31]

Indeed, there is no doubt that AAA recognized accused-appellant for she had
ample time and opportunity to see the latters face during the carnal act that took

place on four different nights. In truth, a man and a woman cannot be physically
closer to each other than during a sexual act.[32]
In another attempt to discredit AAA, accused-appellant
questions AAAs behavior during and after the rapes.
Accused-appellant plays up the fact that during the sexual
assault, AAA did not offer any tenacious resistance; and argues that the requisite of
force and intimidation for the crime of rape is lacking.
We disagree. Physical resistance need not be established
in rape when threats and intimidation are employed and the victim submits herself
to the embrace of her rapist because of fear.[33] As we have ruled in People v.
Bayani[34]:
[I]t must be emphasized that force as an element of rape need not be irresistible; it
need but be present, and so long as it brings about the desired result, all
considerations of whether it was more or less irresistible is beside the point. So
must it likewise be for intimidation which is addressed to the mind of the victim
and is therefore subjective. Intimidation must be viewed in the light of the
victims perception and judgment at the time of the commission of the crime
and not by any hard and fast rule; it is therefore enough that it produces fear -fear that if the victim does not yield to the bestial demands of the accused,
something would happen to her at that moment or even thereafter as when she is
threatened with death if she reports the incident.Intimidation includes the moral
kind as the fear caused by threatening the girl with a knife or pistol. And when
such intimidation exists and the victim is cowed into submission as a result
thereof, thereby rendering resistance futile, it would be extremely unreasonable,
to say the least, to expect the victim to resist with all her might and strength. If
resistance would nevertheless be futile because of continuing intimidation, then
offering none at all would not mean consent to the assault so as to make the
victims participation in the sexual act voluntary.[35]

Also in People v. Fraga,[36] we held:

The test is whether the threat or intimidation produces a reasonable fear in
the mind of the victim that if she resists or does not yield to the desires of the
accused, the threat would be carried out. Where resistance would be futile,
offering none at all does not amount to consent to the sexual assault. It is not
necessary that the victim should have resisted unto death or sustained physical
injuries in the hands of the rapist. It is enough if the intercourse takes place
against her will or if she yields because of genuine apprehension of harm to her if

she did not do so. Indeed, the law does not impose upon a rape victim the
burden of proving resistance.[37]
Accused-appellant in this case held a knife against AAA

during the rapes. The act of holding a knife by itself is strongly suggestive of
force or, at least, intimidation, and threatening the victim with a knife is sufficient
to bring a woman into submission. [38] In addition, AAA did testify as to her
attempts to push accused-appellant away from her, but the latter, being a man more
than twice AAAs age, could have easily pinned her down by lying on top of
her.
Accused-appellant further avers that AAAs behavior during and after the
alleged rapes were not in accordance with human conduct and experience. AAA
did not shout for help when she saw accused-appellant naked in her house. Also,
despite several opportunities for AAA to inform her mother, relatives, and friends
of the rapes, or to report the incidents to the authorities, still she did not. In
particular, after the alleged rape that took place on April 10, 1995, AAA woke up
early as if nothing unusual happened to her and proceeded with her daily routine,
like helping her mother cook the food and clean the house.
Not every victim of rape can be expected to act with reason
or in conformity with the usual expectations of everyone. The workings of a
human mind placed under emotional stress are unpredictable; people react
differently. Some may shout, some may faint, while others may be shocked into
insensibility.[39] And although the conduct of the victim immediately following
the alleged sexual assault is of utmost importance as it tends to establish the truth
or falsity of the charge of rape, it is not accurate to say that there is a typical
reaction or norm of behavior among rape victims, as not every victim can be
expected to act conformaby with the usual expectation of mankind and there is no
standard behavioral response when one is confronted with a strange or startling
experience, each situation being different and dependent on the various
circumstances prevailing in each case.[40]

As to how CCC came to know of her daughter AAAs

rape is immaterial. The fact still remains that AAA was sexually abused by
accused-appellant and AAAs delay in disclosing her sexual defilement to CCC
is understandable. As AAA testified, after every rape, she was threatened by
accused-appellant not to report the same to anyone, otherwise, accused-appellant
would kill AAA and her mother. We have declared in a number of cases that

delay or vacillation in making a criminal accusation does not necessarily impair the
credibility of witnesses if such delay is satisfactorily explained. Fear of reprisal,
social humiliation, familial considerations, and economic reasons have been
considered as sufficient explanations.[41]
Accused-appellant merely raised denial and alibi as his
defenses. We have oft pronounced that both denial and alibi are inherently weak
defenses which cannot prevail over the positive and credible testimony of the
prosecution witness that the accused committed the crime. Thus, as between a
categorical testimony which has a ring of truth on one hand, and a mere denial and
alibi on the other, the former is generally held to prevail. [42] As the Court of
Appeals pointed out:
Private complainant, in open court, positively
identified accused-appellant as the assailant in these four (4) rape
incidents. Such a categorical and positive identification of an accused, without
any showing of ill-motive on the part of the witness testifying on the matter,
prevails over alibi and denial, which are negative and self-serving evidence
undeserving of real weight in law. Fundamental is the rule in evidence that alibi
is the weakest of all defenses, because it is easy to concoct and difficult to
disprove. For it to prosper, it is not enough for the accused to prove that they
were somewhere else when the crime was committed; they must likewise
demonstrate that it was physically impossible for them to have been at the scene
of the crime at the time.
In this case, accused-appellant completely failed to
establish that it was physically impossible for him to have been at the scene of the
crime at the time the rape incidents happened. Moreover, accused-appellants
allegation that these cases were filed as a result of his jokes is apparently
unconvincing. Such is a very flimsy reason for a woman, especially a minor, to
file a rape case. The humiliation brought about by going to open court and
submitting oneself to medical examination is too much a burden for a woman,
such as private complainant, which cannot be merely surpassed by jokes allegedly
uttered by the accused-appellant.[43]

Also, the testimonies of the defenses four witnesses that AAA eloped with
Manongsong and it was Manongsong, not accused-appellant, who impregnated
AAA, were negated by the prosecutions evidence. Manongsong, when
presented as a rebuttal witness, categorically declared that he had no relationship at
all with AAA, much more, that he had eloped with her. Manongsong even stated
that he was deceived by accused-appellants father, a barangay captain, into

signing an affidavit favoring accused-appellant. Said affidavit was not signed in

the presence of Prosecutor Antonio Baldos as insinuated by the defense.[44]
All told, we find no reason to reverse the judgment of conviction rendered
by the RTC against accused-appellant, and affirmed by the Court of Appeals.
We now come to the propriety of the penalties imposed on accusedappellant.
Article 335 of the Revised Penal Code, as amended by Republic Act No.
7659, imposes the penalty of reclusion perpetua when the rape was committed
with force and intimidation. But the imposable penalty becomes reclusion
perpetua to death when the rape is committed with the use of a deadly
weapon. While AAA, in the instant case, testified that accused-appellant was
able to rape her after threatening her with a knife, the use of a deadly weapon in
the commission of the rape was not alleged in the Informations. Thus, even
when it was proved, accused-appellants use of a knife cannot be appreciated as a
qualifying circumstance, and it cannot affect the penalty to be imposed upon
accused-appellant. Accordingly, accused-appellant should be sentenced
to reclusion perpetua for each of the four counts of simple rape.
We likewise affirm the award by the Court of Appeals of P50,000.00 as civil
indemnity and P50,000.00 as moral damages to AAA for each count of rape, being
in accordance with law and jurisprudence. An award of civil indemnity ex
delicto is mandatory upon a finding of the fact of rape, and moral damages may be
automatically awarded in rape cases without need of proof of mental and physical
suffering.[45]
However, we additionally award exemplary damages pursuant to Article
2229 of the New Civil Code, which reads:
ART. 2229. Exemplary or corrective damages are imposed, by way of
example or correction for the public good, in addition to the moral, temperate,
liquidated or compensatory damages.

Exemplary damages are intended to serve as deterrent to serious

wrongdoings, as a vindication of undue sufferings and wanton invasion of the
rights of an injured, or as punishment for those guilty of outrageous conduct.
[46]
Being corrective in nature, exemplary damages can be awarded, not only in

the presence of an aggravating circumstance, but also where the circumstances of

the case show the highly reprehensible or outrageous conduct of the offender.
[47]
Accused-appellant herein is liable for exemplary damages for raping a minor,
AAA, with the use of a knife and threats on the lives of AAA herself and her
family, on four separate occasions, until AAA became pregnant. Consequently,
accused-appellant should pay AAA exemplary damages in the amount
of P30,000.00 for each count of rape, in line with existing jurisprudence.[48]
WHEREFORE, the instant appeal is DENIED and the

Decision dated February 24, 2006 of the Court of Appeals in CA-G.R. CR.-H.C.
No. 01553 isAFFIRMED WITH MODIFICATION that the accused-appellant
Ronaldo Saludo is additionally ordered to pay the victim AAA the amount
of P30,000.00 exemplary damages for each of the four (4) counts of rape.
SO ORDERED.

TERESITA J. LEONARDODE CASTRO

Associate Justice
WE CONCUR:

RENATO C. CORONA
Chief Justice
Chairperson

PRESBITERO J. VELASCO, JR.

Associate Justice

MARIANO C. DEL CASTILLO

Associate Justice

JOSE PORTUGAL PEREZ

Associate Justice
CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution, I certify that the
conclusions in the above Decision had been reached in consultation before the case
was assigned to the writer of the opinion of the Courts Division.

RENATO C. CORONA
Chief Justice

Rollo, pp. 3-30; penned by Associate Justice Aurora Santiago-Lagman with

Associate Justices Rebecca de Guia-Salvador and Amelita G. Tolentino, concurring.
[2]
CA rollo, pp. 30-38; penned by Judge Manuel C. Luna, Jr.
[3]
G.R. No. 167693, September 19, 2006, 502 SCRA 419.
[4]
People v. Guillermo, G.R. No. 173787, April 23, 2007, 521 SCRA 597, 599.
[5]
Criminal Case No. 5429.
[6]
Criminal Case No. 5428.
[7]
Criminal Case No. 5430.
[8]
Criminal Case No. 5431.
[9]
Records, p. 22.
[10]
RTC Decision, CA rollo, pp. 31-33.
[11]
Records, p. 92.
[1]

 RTC Decision, CA rollo, pp. 34-35.

Id. at 35.
[14]
Id. at 37-38.
[15]
Id. at 42.
[16]
Id. at 157-189.
[17]
Id. at 113-137.
[18]
G.R. Nos. 147678-87, July 7, 2004, 433 SCRA 640, 657-658.
[19]
Rollo, pp. 29-30.
[20]
Id. at 1.
[21]
Id. at 35.
[22]
G.R. No. 145002, January 24, 2006, 479 SCRA 610, 620-621.
[23]
322 Phil. 24, 36 (1996).
[24]
People v. Bulan, 498 Phil. 586, 598 (2005).
[25]
Took effect on December 31, 1993.
[26]
People v. Turco, Jr., 392 Phil. 498, 512 (2000).
[27]
People v.Cula, 385 Phil. 742, 753 (2000).

[28]
TSN, October 24, 1995, pp. 9-27.
[29]
People v. Alcazar, G.R. No. 186494, September 15, 2010, 630 SCRA 622, 633.
[30]
People v. Belen, 432 Phil. 881, 893 (2002).
[31]
CA rollo, pp. 176-177.
[32]
People v. Bitancor, 441 Phil. 758, 770 (2002).
[33]
People v. David, 461 Phil. 364, 384-385 (2003).
[34]
331 Phil. 169 (1996).
[35]
Id. at 193.
[36]
386 Phil. 884 (2000).
[37]
Id. at 907.
[38]
People v. Buates, 455 Phil. 688, 702 (2003).
[39]
People v. Suarez, 496 Phil. 231, 244 (2005).
[40]
People v. Atadero, G.R. No. 183455, October 20, 2010.
[41]
People v. Fuensalida, 346 Phil. 463, 472 (1997).
[42]
People v. Narido, 374 Phil. 489, 508 (1999).
[43]
Rollo, pp. 28-29.
[44]
TSN, January 18, 1999, pp. 3-5, 8-11.
[45]
People v. Atadero, G.R. No. 183455, October 20, 2010.
[46]
Id.
[47]
People v. Dalisay, G.R. No. 188106, November 25, 2009.
[48]
Id.
[12]
[13]