Republic of the Philippines

Supreme Court
Manila
THIRD DIVISION
EGAP
MADSALI,
SAJIRON G.R. No. 179570
LAJIM and MARON LAJIM,
Petitioner, Present:

- versus -

CARPIO,* J.,
CORONA, J., Chairperson,
VELASCO, JR.,
NACHURA, and
PERALTA, JJ.
Promulgated:

PEOPLE OF THE PHILIPPINES,

Respondent. February 4, 2010
x--------------------------------------------------x
DECISION
PERALTA, J.:
This is an appeal from the Decision[1]of the Court of Appeals (CA) in CA-G.R. CRHC No. 00475, affirming the Decision of the Regional Trial Court (RTC) of
Palawan, Puerto Princesa City, Branch 50, finding accused Sajiron Lajim and
Maron Lajim[2] guilty beyond reasonable doubt of the crime of abduction with rape
in Criminal Case No. 12281 and finding accused Egap Madsali and Sajiron Lajim
guilty beyond reasonable doubt of the crime of serious illegal detention in Criminal
Case No. 12309.

In view of our decision in People v. Cabalquinto,[3] the real name and identity of
the rape victim, as well as the members of her immediate family, are withheld. In
this regard, the rape victim is herein referred to as AAA; her mother, BBB; and her
father, CCC.

In Criminal Case No. 12281, Sajiron Lajim (Sajiron) and Maron Lajim (Maron)
were charged with the crime of abduction with rape in an Information [4] dated
March 17, 1995, which reads:
That on or about the 1st day of July, 1994, in Barangay Malitub, Municipality of
Bataraza, Province of Palawan, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused conspiring, confederating together
and helping one another and by means of force, threat, violence and intimidation,
while armed with a bladed weapon known as Badong, did then and there willfully,
unlawfully and feloniously take and carry away one AAA, a girl of 16 years of
age, against her will and consent and brought to the forest and on the occasion
thereof the said accused by means of force, threat, violence and intimidation, and
while armed with a knife, accused Sahiron Lajim, with lewd design, did then and
there willfully, unlawfully and feloniously have carnal knowledge with said AAA,
against her will and consent, to her damage and prejudice.
That on the occasion of the said Rape, accused Maron Lajim helped Sahiron
Lajim by acting as look-out during the commission of the said crime.
CONTRARY TO LAW.

In Criminal Case No. 12309, Egap Madsali (Egap) and Sajiron Lajim
(Sajiron) were charged with the crime of serious illegal detention in an Amended
Information[5]dated August 28, 1995, which reads:
That on or about the 2nd day of July, 1994 in the morning up to December 15,
1994, at Barangay Malitub, Municipality of Bataraza, Province of Palawan,
Philippines, and within the jurisdiction of this Honorable Court, the above-named
accused conspiring, confederating together and mutually helping one another,
with the use of force, violence and intimidation, did then and there willfully,
unlawfully and feloniously take and detain AAA, an unmarried woman under 15
years of age in the house of Egap Madsali thereby depriving said AAA of her

liberty all against her will and as a result of that illegal detention, said AAA was
not able to go home to her mother for a period of more than five (5) months.
CONTRARY TO LAW.

Upon motion of the private prosecutor and with the conformity of the Provincial
Prosecutor's Office, Criminal Case No. 12309 was consolidated with Criminal
Case No. 12281, pending before the RTC of Palawan, Puerto Princesa City, Branch
50.
Sajiron was arraigned on April 21, 1995 in Criminal Case No. 12281 and on
September 21, 1995 in Criminal Case No. 12309. He pleaded not guilty to both
charges. Egap was arrested and, thereafter, arraigned on March 8, 1996. He
pleaded not guilty in Criminal Case No. 12309. Maron was arrested and, later,
arraigned on March 11, 1996. He pleaded not guilty in Criminal Case No.
12281. A joint trial ensued. However, in July 1996, Egap escaped while under the
custody of prison guards.
The evidence presented by the prosecution are as follows:
On July 1, 1994, around 3:30 o'clock in the afternoon, fifteen-year-old AAA and
her aunt Inon Dama were fetching water in a cave in Barangay (Brgy.) Malitub,
Bataraza, Palawan. Suddenly, Sajiron arrived, running towards them and carrying
a badong (bolo). They tried to run away, but Sajiron overtook them. He held the
hair of AAA and told her, Sara, you go with me. If you will not go with me, I will
kill you. Inon Dama came to AAA's rescue, but Sajiron tried to hack her. Luckily,
she was able to shield herself with a plastic container. AAA was crying while she
held her aunt's hand. Sajiron then drew his gun, which was tucked in his waist,
pointed it at Inon Dama and said, If you will not go, I will shoot you. Inon Dama
went home and reported the incident to AAA's mother. When Inon Dama left the
place, Maron, Sajiron's father, suddenly appeared with a gun and told AAA to

come with them. When AAA refused, Sajiron and Maron tied her hands behind her
back, covered her mouth with a piece of cloth, and brought her to the forest. There,
AAA was untied and undressed, leaving only her bra on. While Sajiron was
undressing AAA, she pleaded with him not to abuse her, but Sajiron told her that if
she would submit to his desire, her life would be spared. Sajiron held her breast,
touched her private parts and inserted his sex organ inside her vagina. AAA
resisted, but to no avail. She felt pain and she noticed blood on her private
parts. She was sexually abused three times on the ground, where she was made to
lie down on a bed of leaves. During the entire time that AAA was being abused by
Sajiron, Maron stood guard and watched them. They left the forest at around 10:00
o'clock in the morning of the following day and brought AAA to the house of
Egap, where she was detained in a room. Sajiron instructed Egap to guard AAA
and to shoot her if she would attempt to escape.
On July 2, 1994, AAAs mother came to get AAA, but Egap refused and
threatened to kill her daughter if she would report the matter to the authorities. Out
of fear of losing her daughter, she went home and did not report the incident to the
police authorities.[6] Egap asked AAA if she wanted to marry Sajiron, but she
refused. AAA was then forced to sign an unknown document, which she was not
able to read.
Nine days after the abduction, or on July 11, 1994, upon instruction of Egap,
AAA and Sajiron were married by Imam Musli Muhammad. The marriage was
solemnized against AAA's will and without the presence of her parents. After the
marriage, AAA and Sajiron lived in the house of Egap, together with the latter's
wife, children and mother-in-law. AAA stayed in one room with Sajiron. While
detained, AAA did not try to escape, because her house was very far from the place
where she was held captive, and her captors threatened to kill her and her family if
she would attempt to escape. During her detention, Sajiron abused her twice every
night. She was free to roam within the vicinity of the house but she was usually

accompanied by Egap's wife who served as her guard. She was also guarded and
threatened by Egap's sons. She got pregnant after some time.
On November 24, 1994, BBB and Inon Dama went to Puerto Princesa City
to report AAA's abduction to the proper authorities. AAA was detained at the
house of Egap from July 2, 1994 until December 15, 1994. On December 16, 1994,
Sajiron and Egap were arrested by the police.
The defense, on the other hand, denied having committed the crimes
charged. Sajiron claimed that he and AAA were engaged for three years prior to
their elopement. During the period of their engagement, Sajiron lived with AAA in
her mother's house. AAA married Sajiron voluntarily and out of her own free will.
The sexual intercourse between AAA and Sajiron was consensual. The defense
further claimed that AAA merely filed criminal charges against Sajiron because he
did not pay the dowry (dower) in the amount of P10,000.00 to AAA's
parents. Sajiron asserted that he did not pay the dowry because he had already
rendered services to AAA's family for about three years prior to his marriage with
AAA. After the marriage, Sajiron and AAA were brought by the latter's father to
his house in Balabac, Palawan. They stayed there for about four months. Then they
went to Brgy. Malitub, Bataraza, Palawan and stayed at the house of Egap for
about two weeks. Sajiron was thereafter arrested by the authorities. He only
learned that a case for abduction with rape was filed against him by AAA when he
was being interrogated by the Bataraza Police.
On July 25, 2002, the RTC rendered a Decision [7] finding Sajiron and Maron guilty
beyond reasonable doubt of the crime of abduction with rape. Egap and Sajiron
were also found guilty beyond reasonable doubt of the crime of serious illegal
detention. The dispositive portion of the Decision is as follows:
WHEREFORE, premises considered, this Court finds the accused guilty
beyond reasonable doubt of the crime charged, to suffer imprisonment as follows:
1.

In Criminal Case No. 12281, the accused Sa[j]iron Lajim and

Maron Lajim are hereby sentenced to suffer the penalty

of Reclusion Perpetua or forty (years) and each of the accused

are ordered to indemnify the complainant AAA the same
amount of P50,000.00 as and for civil indemnity;
2.

In Criminal Case No. 12309, the accused Egap Madsali and

Sa[j]iron Lajim are hereby sentenced to suffer the penalty
of Reclusion Perpetua and both accused are ordered to
separately indemnify the complainant AAA the amount
of P50,000.00 as and for civil indemnity.
SO ORDERED.

Petitioners filed a Notice of Appeal, and the records of the case were forwarded to
this Court. However, pursuant to this Courts ruling in People v. Mateo,[8] the case
was transferred to the CA. The CA rendered a Decision dated July 31, 2007
affirming the decision of the trial court in Criminal Case Nos. 12281 and 12309.
Hence, this petition assigning the following errors:
THE HONORABLE COURT OF APPEALS ERRED IN IGNORING THE
IMPLICATION OF THE 5-MONTH INACTION BY THE PRIVATE
COMPLAINANT'S MOTHER IN REPORTING THE ALLEGED ADBUCTION
AND ILLEGAL DETENTION OF HER DAUGHTER; AND
THE HONORABLE COURT OF APPEALS ERRED IN IGNORING THE
UNREBUTTED TESTIMONY OF THE PRIVATE COMPLAINANT'S OWN
FATHER.

With respect to the first assigned error, petitioners allege that the five-month
inaction of BBB through his failure to report the alleged abduction and illegal
detention of her daughter is totally inconsistent with AAA's claim that she was
abducted and illegally detained.
We are not persuaded.
Delay in reporting an incident of rape due to death threats does not affect the
credibility of the complainant, nor can it be taken against her. The charge of rape is

rendered doubtful only if the delay was unreasonable and unexplained. [9] BBB
explained that she did not immediately report the abduction, rape and detention of
her daughter to the authorities, because Egap threatened to kill AAA, [10] who was
then in his custody.
Further, BBB testified that, on another occasion, Egap threatened to kill her if she
dared to report the matter to the authorities. True enough, when Egap learned that
she did what he forbade her to do, he made good his threat and shot her at the back.
[11]
Thus, BBB's delay in reporting the incident for five months should not be taken
against her.
Anent the second assignment of error, petitioners argue that the unrebutted
testimonies of CCC and Imam Musli Muhammad cast a reasonable doubt on the
charge against them. CCC testified that Sajiron courted his daughter and proposed
marriage after their three-year courtship. He claimed that he gave his consent to the
marriage of his daughter to Sajiron. Prior to the marriage, CCC said that he was
even able to talk to his daughter and his wife, and both were amenable to the
marriage. AAA never mentioned to him anything about having been kidnapped or
raped. Neither did his wife tell him of their daughter's alleged harrowing
experience. He and his wife were present during the marriage celebration.
Again, the testimony of CCC fails to persuade Us. AAA testified that she had
never seen her father since she was a child, as her father had abandoned them.
[12]
BBB testified that she and her husband had been separated for a long time, and
she did not know his whereabouts. She further said that CCC left their place in
March 1983 to go to Malaysia, and that was the last time she saw him. [13] CCC's
allegation that his wife was present during the marriage celebration was also
controverted by the testimonies of AAA, her mother, and Imam Musli Muhammad.
Thus, save for CCC's self-serving allegations, he could not muster any sufficient
evidence to beef up those allegations. It is also very surprising that CCC, after his
long absence, suddenly appeared and testified for the defense. CCC would like to

impress upon this Court that he has maintained constant communication with his
family; however, no single witness was presented to corroborate this claim.
Furthermore, CCC, in his Malayang Sinumpaang Salaysay[14] dated
December 28, 1995, alleged that in 1991, his wife wrote and informed him that
Sajiron asked for their daughter's hand in marriage. CCC replied that he was giving
his permission for their daughter to marry. In the same salaysay, he also said that
Egap wrote him a letter on July 4, 1994 and instructed him to proceed to Malitub,
Bataraza to discuss the intended marriage of AAA and Sajiron. However, records
are bereft of proof of the existence of these letters. Clearly, these allegations, being
unsupported by evidence, are self-serving and cannot be given any probative value.
Moreover, Imam Musli Mohammad, while testifying as prosecution witness,
attested that the parents of AAA and Sajiron were not present during the marriage,
[15]
thus controverting CCC's allegation that he was present and gave consent to the
marriage. Although Imam Musli Muhammad, when presented as an accused
witness, recanted his earlier testimony that CCC was not present at the wedding,
the same cannot be given credit. Recantations are frowned upon by the courts. A
recantation of a testimony is exceedingly unreliable, for there is always the
probability that such recantation may later on be itself repudiated. Courts look with
disfavor upon retractions, because they can easily be obtained from witnesses
through intimidation or for monetary considerations. Hence, a retraction does not
necessarily negate an earlier declaration. They are generally unreliable and looked
upon with considerable disfavor by the courts. [16] Moreover, it would be a
dangerous rule to reject the testimony taken before a court of justice, simply
because the witness who has given it later on changes his mind for one reason or
another.[17]
As to the defense of denial, the same is inherently weak. Denial is a self-serving
negative evidence, which cannot be given greater weight than that of the

declaration of a credible witness who testifies on affirmative matters. Like alibi,

denial is an inherently weak defense, which cannot prevail over the positive and
credible testimonies of the prosecution witnesses. Denial cannot prevail over the
positive testimonies of prosecution witnesses who were not shown to have any ill
motive to testify against petitioner.[18]
The assertion of the accused that the reason why a criminal case was filed against
him was his failure to pay the P10,000.00 dowry is too lame to be accepted as true.
No young Filipina of decent repute would publicly admit she has been raped unless
that is the truth. Even in these modern times, this principle holds true. [19] When the
offended parties are young and immature girls from 12 to 16, as in this case, courts
are inclined to lend credence to their version of what transpired, considering not
only their relative vulnerability, but also the public humiliation to which they
would be exposed by a court trial, if their accusation were not true.[20]
It is highly improbable that a young girl, such as AAA, would concoct a horrid
story and impute to the accused a crime so grave and subject herself and her family
to the humiliation and invasive ordeal of a public trial just to avenge the alleged
non-payment of the dowry, unless she be impelled by a genuine desire to expose
the truth, vindicate her honor and seek justice she so greatly deserves.
Neither is the Court convinced of the sweetheart theory, the defense of the accused,
by alleging that AAA and Sajiron were engaged for three years prior to their
elopement and marriage. If there were indeed romantic relationship between AAA
and Sajiron, as the latter claims, her normal reaction would have been to cover up
for the man she supposedly loved. On the contrary, AAA lost no time in reporting
the incident to the National Bureau of Investigation, [21] right after she was rescued
by the authorities.
Moreover, the sweetheart theory proffered by the accused is effectively an
admission of carnal knowledge of the victim, which consequently places on him

the burden of proving the supposed relationship by substantial evidence.

[22]
The sweetheart theory hardly deserves any attention when an accused does not
present any evidence, such as love letters, gifts, pictures, and the like to show that,
indeed, he and the victim were sweethearts. [23] In the case at bar, Sajiron was
unable to present any evidence to prove their relationship. Clearly, the "sweetheart
theory" is a self-serving defense and mere fabrication of the accused to exculpate
himself and his cohorts from the charges filed against them. It bears stressing that
during her testimony before the trial court, AAA vehemently denied that she and
Sajiron were sweethearts and firmly declared that the latter never lived in their
house.[24]
More importantly, in rape cases, the credibility of the victim's testimony is almost
always the single most important factor. When the victim's testimony is credible, it
may be the sole basis for the accused's conviction.[25] This is so because, owing to
the nature of the offense, in many cases, the only evidence that can be given
regarding the matter is the testimony of the offended party.[26]
In the case at bar, the trial court found AAA's testimony credible. The trial
court held that AAA's testimony was clear, categorical and consistent. She
remained steadfast in her assertions and unfaltering in her testimony given in court
on the unfortunate incident.[27] The trial court found that AAA positively identified
Sajiron and Maron as her abductors and narrated how she was taken and thrice
raped by Sajiron in the forest. AAA recounted her sordid experience as follows:
AAA on Direct-Examination by Private Prosecutor Narrazid.
Q: On July 1, 1994 more or less at 3:30 p.m. do you remember where you were?
A: Yes maam.
Q: Where were you?
A: We fetched water on July 1, 1994.
Q: Where?
A: In a cave, maam.

Q: Was there anything unusual that happened during that time?

A: Yes maam.
Q: What was that incident?
A: I noticed that Sahiron Lajim run towards me and held me by my hair. He was
carrying a Barong and he was forcing me to go with him but I refused
maam.
Q: And what did you do if any when he forced you to go with him?
A: He threatened me to kill me if I will not go with him. What I did was to hold
the hair of Inon Dama who came to my rescue, maam.
Q: What did Sahiron Lajim do if any?
A: He hacked Inon Dama but was not hit and it was the container that was hit,
maam. And Sahiron Lajim left and I was forced to go with him telling me,
go with me if you do not want to die.
Q: When this Inon Dama left what happened next and you were left alone with
Sahiron Lajim?
A: His father suddenly appeared who was also carrying a gun.
Q: What happened next?
A: The father of Sahiron Lajim told me to go with them but I refused. What they
did was to tie my hands behind my back and my mouth was covered by
them by a piece of cloth, maam.
Q: And after that what happened next?
A: Then they brought me to the forest maam.
Q: And when you were in the forest what happened next?
A: Sahiron Lajim raped me while his father was watching maam.
Q: And how did Sahiron Lajim raped you?
A: When we reached the forest my hands were untied and my dress were removed
and only my bra was left maam.
Q: Who removed your dress?
A: Sahiron Lajim maam.
Q: And you stated that it was only your bra that was left in your body how about
your panty?
A: It was already removed.
Q: While Sahiron Lajim was undressing you what did you do, if any?
A: I pleaded to him not to pursue his intention and Sahiron Lajim threatened me
that if I will allow him to do such thing to me he will not kill me, maam.

Q: And did he hold the private parts of your body?

A: Yes maam. (witness pointing to her bust, and the lower part of her body)
Q: What other part did Sahiron Lajim touch in your body?
A: My private part, my vagina, maam.
Q: What else did he do to you?
A: He inserted his organ to my vagina. Then after raping me he required me to
wear my blouse. He repeated the act again for two times up to the
following day, maam.
Q: How long was the private part of Sahiron Lajim inside your private part?
A: A little bit long. Nearing one (1) hour.
Q: That was the first time his organ entered your private part?
A: Yes maam.
Q: Did you notice anything in your private part?
A: I have seen blood. I was even pushing him away.
Q: How did you feel at that time when his organ was inside your private part?
A: It was painful, maam.
Q: And you stated that his organ entered your private part again for the second
time, how long?
A I did not notice anymore how long was it, maam.
Q: And you stated Madam Witness that you were repeatedly raped that night, is
that correct?
A: Yes maam.
Q: Up to what time?
A: The first time that he raped me was about 7:00 oclock in the evening, the
second was midnight. And the third was 3:00 oclock in the morning.
Q: Were you able to sleep that night?
A: No maam.
Q: At the time when you were raped for the first time where was the father of
Sahiron Lajim?
A: He was guarding maam.
Q: How far was his father?
A: He was near a tree which was 10 meters away from us.

Q: Now, the place where you were brought by Sahiron Lajim is a forest?
A: Yes maam.
Q: Was there a hut in that forest?
A: None maam, we were at a place where there were big trees, maam.
Q: So, you mean to say you were raped on the ground?
A: Yes maam.
Q: Without any blanket?
A: He got some leaves of trees, maam.
Q: What did he do with that leaves of trees?
A: He secured some leaves and placed it on the ground, which served as mat,
maam.
Q: Now, the second and the third time that Sahiron Lajim raped you where was
his father?
A: He was also there, maam.[28] (Emphasis supplied)
xxxx

As a rule, this Court gives great weight to the trial courts evaluation of the
testimony of a witness, because the trial court had the opportunity to observe the
facial expression, gesture, and tone of voice of a witness while testifying, thus,
putting it in a better position to determine whether a witness was lying or telling
the truth.[29]
However, the Court does not agree with the findings of the CA affirming the trial
court's judgment finding Sajiron and Maron guilty of abduction and rape in
Criminal Case No. 12281. An appeal in a criminal case opens the entire case for
review on any question, including one not raised by the parties[30] Article 342 of the
Revised Penal Code spells out the elements of the crime of forcible abduction,
thus: (a) that the person abducted is a woman, regardless of her age, civil status, or
reputation; (b) that the abduction is against her will; and (c) that the abduction is
with lewd designs.

A reading of the Information in Criminal Case No. 12281, for abduction with rape,
would readily show that the allegations therein do not charge the accused with
forcible abduction, because the taking, as alleged, was not with lewd designs. The
only act that was alleged to have been attended with lewd design was the act of
rape. Upon further perusal of the allegations in the information, it appears that the
crime charged was actually the special complex crime of kidnapping and serious illegal
detention and rape, defined and penalized under Article 267 of the Revised Penal Code.

Although the information does not specifically allege the term kidnap or
detain, the
information
specifically
used
the
terms take and carry
away. To kidnap is to carry away by unlawful force or fraud or to seize and detain
for the purpose of so carrying away.[31] Whereas, to take is to get into one's hand or
into one's possession, power, or control by force or strategem. [32] Thus, the
word take, plus the accompanying phrase carry away, as alleged in the
information, was sufficient to inform the accused that they were charged with
unlawfully taking and detaining AAA.
Further, the real nature of the criminal charge is determined not from the caption or
preamble of the information or from the specification of the provision of law
alleged to have been violated, they being conclusions of law which in no way
affect the legal aspects of the information, but from the actual recital of facts as
alleged in the body of the information.[33] Simply put, the crime charged is
determined by the information's accusatory portion and not by its denomination.

The accusatory portion of the information alleges that AAA was taken and carried
away by Sajiron and Maron against her will and brought to the forest; and, on the
occasion thereof, Sajiron -- by means of force, threat, violence and intimidation -had carnal knowledge of AAA.
The elements of kidnapping and serious illegal detention under

Article 267 of the Revised Penal Code [34] are: (1) the offender is a private
individual; (2) he kidnaps or detains another or in any other manner deprives the
latter of his liberty; (3) the act of detention or kidnapping is illegal; and (4) in the
commission of the offense, any of the following circumstances are present: (a) the
kidnapping or detention lasts for more than 3 days; or (b) it is committed by
simulating public authority; or (c) any serious physical injuries are inflicted upon
the person kidnapped or detained or threats to kill him are made; or (d) the person
kidnapped or detained is a minor, female, or a public officer.[35]
In the case at bar, Sajiron and Maron, who are private individuals, forcibly took
and dragged AAA, a minor, to the forest and held her captive against her will. The
crime of serious illegal detention consists not only of placing a person in an
enclosure, but also of detaining him or depriving him in any manner of his liberty.
[36]
For there to be kidnapping, it is enough that the victim is restrained from going
home.[37] Its essence is the actual deprivation of the victim's liberty, coupled with
indubitable proof of the intent of the accused to effect such deprivation. [38] In the
present case, although AAA was not actually confined in an enclosed place, she
was clearly restrained and deprived of her liberty, because she was tied up and her
mouth stuffed with a piece of cloth, thus, making it very easy to physically drag
her to the forest away from her home.
The crime of rape was also proven beyond reasonable doubt in this case. Sajiron
succeeded in having carnal knowledge of AAA through the use of force and

intimidation. For fear of losing her life, AAA had no choice but to give in
to Sajiron's beastly and lustful assault.
Clearly, conspiracy between Sajiron and Maron attended the commission of
forcible abduction and the subsequent rape of AAA. Conspiracy exists when two or
more persons come to an agreement concerning a felony and decide to commit it.
[39]
It may be inferred from the acts of the accused before, during or after the
commission of the crime which, when taken together, would be enough to reveal a
community of criminal design, as the proof of conspiracy is frequently made by
evidence of a chain of circumstances. Once established, all the conspirators are
criminally liable as co-principals regardless of the degree of participation of each
of them, for in the contemplation of the law, the act of one is the act of all. [40] In the
case at bar, it was proven that Sajiron and Maron cooperated to prevent AAA from
resisting her abduction by tying her hands behind her back and putting a piece of
cloth in her mouth. Maron watched and stood guard to make sure that no one
would interrupt or prevent the bestial act perpetrated by his son against
AAA. Maron did not endeavor to prevent his son from raping AAA thrice. The
next morning, Sajiron and Maron brought AAA to the house of Egap to detain her
there.
The last paragraph of Art. 267 of the Revised Penal Code provides that if the
victim is killed or dies as a consequence of the detention, or is raped or subjected
to torture or dehumanizing acts, the maximum penalty shall be imposed. In People
v. Larraaga,[41] the Court explained that this provision gives rise to a special
complex crime:
This amendment introduced in our criminal statutes, the concept of 'special complex crime'
of kidnapping with murder or homicide. It effectively eliminated the distinction drawn by the
courts between those cases where the killing of the kidnapped victim was purposely sought
by the accused, and those where the killing of the victim was not deliberately resorted to but
was merely an afterthought. Consequently, the rule now is: Where the person kidnapped is
killed in the course of the detention, regardless of whether the killing was purposely sought
or was merely an afterthought, the kidnapping and murder or homicide can no longer be
complexed under Art. 48, nor be treated as separate crimes, but shall be punished as a special
complex crime under the last paragraph of Art. 267, as amended by R.A. No. 7659."

Where the law provides a single penalty for two or more component offenses, the
resulting crime is called a special complex crime. Some of the special complex crimes
under the Revised Penal Code are (1) robbery with homicide, (2) robbery with rape,
(3) kidnapping with serious physical injuries, (4) kidnapping with murder or homicide, and
(5) rape with homicide. In a special complex crime, the prosecution must necessarily
prove each of the component offenses with the same precision that would be necessary if
they were made the subject of separate complaints. As earlier mentioned, R.A. No. 7659
amended Article 267 of the Revised Penal Code by adding thereto this provision: "When
the victim is killed or dies as a consequence of the detention, or is raped, or is subjected to
torture or dehumanizing acts, the maximum penalty shall be imposed; and that this
provision gives rise to a special complex crime. (Italics in the original)

Thus, we hold that Sajiron and Maron are guilty beyond reasonable doubt of
the special complex crime of kidnapping and serious illegal detention with rape in
Criminal Case No. 12281.
In Criminal Case No. 12309, we also find Sajiron guilty beyond reasonable doubt
of the crime of serious illegal detention.
All the elements of the crime of serious illegal detention are present in the instant
case: AAA, a female and a minor, testified that on July 2, 1994, after she was raped
in the forest, she was brought to and detained at the house of Egap and forced to
cohabit with Sajiron. From the very start of her detention on July 2, 1994, Egap
directed Sajiron to guard her, and shoot her if she attempted to escape. [42] She did
not dare to escape because the accused threatened to kill her and her family if she
attempted to flee.[43]

AAA was also guarded by Egap's wife.[44] Even the two sons of Egap, upon the
latter's instruction, constantly guarded and threatened her to keep her from leaving.
[45]
In fine, the accused had successfully instilled fear in AAA's mind that escaping
would cause her not only her own life, but also the lives of her loved ones.

To give a color of legitimacy to AAA's detention, Sajiron married AAA. However,

the marriage between her and Sajiron is considered irregular under the Code of
Muslim Personal Laws (Presidential Decree No. 1083). Art. 15 (b) of said the law
provides that no marriage contract shall be perfected unless the essential requisite
of mutual consent of the parties be freely given. And under Art. 32 of the same law,
if the consent of either party is vitiated by violence, intimidation, fraud, deceit or
misrepresentation, the marriage is considered irregular (fasid) from the time of its
celebration.
AAA did not give her consent to the wedding. [46] The marriage was solemnized
only upon the instruction of Egap.[47] She was also forced to sign the marriage
contract without the presence of her parents or any of her relatives. [48] She did not
want to marry Sajiron because she did not love him. [49] The Imam who solemnized
their marriage did not even ask for the consent of the parties. [50] He was merely
compelled to solemnize the marriage because he was afraid of Egap, and the latter
threatened him.[51] Clearly, the marriage ceremony was a farce, and was only
orchestrated by the accused in an attempt to exculpate themselves from criminal
responsibility.
Anent Criminal Case No. 12309, the prescribed penalty for serious illegal
detention under Art. 267 of the Revised Penal Code, as amended by Republic Act
(R. A.) No. 7659, is reclusion perpetua to death. There being no aggravating or
modifying circumstance in the commission of the offense, the proper penalty to be
imposed is reclusion perpetua, pursuant to Art. 63 of the Revised Penal Code.
As to Criminal Case No. 12281, the penalty for the special complex crime of
kidnapping and serious illegal detention and rape is death. However, R.A. No.
9346, entitled An Act Prohibiting the Imposition of Death Penalty in the
Philippines, which was approved on June 24, 2006, prohibits the imposition of the

death penalty. Thus, the penalty of death is reduced to reclusion perpetua,

[52]
without eligibility for parole.[53]
As to accused Egap, his act of escaping from his police escort during the pendency
of his case and his subsequent unexplained absence during the promulgation of the
decision convicting him of the crime charged has divested him of the right to avail
himself of any remedy that may be available to him, including his right to appeal.
In a recent case, this Court held that once an accused jumps bail or flees to a
foreign country, or escapes from prison or confinement, he loses his standing in
court; and unless he surrenders or submits to the jurisdiction of the court, he is
deemed to have waived any right to seek relief from it.[54] Hence, insofar as
accused Egap is concerned, the judgment against him became final and executory
upon the lapse of fifteen (15) days from promulgation of the judgment.
As to the award of damages.
In Criminal Case No. 12281, AAA is entitled to civil indemnity in line with
prevailing jurisprudence that civil indemnification is mandatory upon the finding
of rape.[55]
In People v. Quiachon,[56] even if the penalty of death is not to be imposed because
of the prohibition in R.A. No. 9346, the civil indemnity of P75,000.00 is proper,
because it is not dependent on the actual imposition of the death penalty but on the
fact that qualifying circumstances warranting the imposition of the death penalty
attended the commission of the offense. As explained in People v. Salome,[57] while
R.A. No. 9346 prohibits the imposition of the death penalty, the fact remains that
the penalty provided for by the law for a heinous offense is still death, and the
offense is still heinous. Accordingly, the civil indemnity for AAA is P75,000.00.

In addition, AAA is entitled to moral damages pursuant to Art. 2219 of the Civil
Code,[58] without the necessity of additional pleadings or proof other than the fact
of rape.[59]Moral damages is granted in recognition of the victim's injury
necessarily resulting from the odious crime of rape. [60] Such award is separate and
distinct from the civil indemnity.[61] Therefore, the Court awards the amount
of P75,000.00 as moral damages.
In Criminal Case No. 12309, for serious illegal detention, the trial court's
award of P50,000 civil indemnity to AAA was proper, in line with prevailing
jurisprudence.[62]
We also find that AAA is entitled to moral damages pursuant to Art. 2219 of the
Civil Code, which provides that moral damages may be recovered in cases of
illegal detention.[63] This is predicated on AAA's having suffered serious anxiety
and fright when she was detained for more than five months. Thus, the Court
awards the amount of P50,000.00 as moral damages.[64]
Finally, AAA was sexually abused on July 1, 1994 and gave birth on April 8, 1995.
There was no showing that AAA had previously been sexually abused or had
sexual relations with other men. Further, Dr. Ma. Rebethia Alcala, a Municipal
Health Officer of Bataraza, Palawan, testified that since AAA gave birth on April 8,
1995, the baby must have been conceived sometime in July 1994, which was at or
about the time of the commission of the rape. Therefore, it can be logically
deduced that Sajiron is the father of the child. Under Art. 345 of the Revised Penal
Code,[65] he is civilly liable for the support of his offspring. Hence, he is directed to
provide support to the victim's child born out of the rape, subject to the amount and
conditions to be determined by the trial court, after due notice and hearing, in
accordance with Art. 201 of the Family Code.[66]

WHEREFORE, the appeal is DENIED. The Decision of the Court of Appeals in

CA-G.R. CR-HC No. 00475 is AFFIRMED with MODIFICATIONS as follows:
(a) In Criminal Case No. 12281, accused Sajiron Lajim and Maron Lajim are
found guilty beyond reasonable doubt of the special complex crime of kidnapping
and serious illegal detention with rape under Article 267 of the Revised Penal
Code, as amended by Republic Act No. 7659, and are sentenced to suffer the
penalty of reclusion perpetua, without eligibility for parole, and to pay jointly and
severally, the offended party AAA, the amounts of P75,000.00 as civil indemnity
and P75,000.00 as moral damages. Accused Sajiron Lajim is further ordered to
support the offspring born as a consequence of the rape. The amount of support
shall be determined by the trial court after due notice and hearing, with support in
arrears to be reckoned from the date the appealed decision was promulgated by the
trial court; and
(b) In Criminal Case No. 12309, accused Sajiron Lajim is found guilty beyond
reasonable doubt of the crime of kidnapping and serious illegal detention under
Article 267 of the Revised Penal Code, as amended by Republic Act No. 7659, and
is sentenced to suffer the penalty of reclusion perpetua and to pay the amounts
of P50,000.00 as civil indemnity and P50,000.00 as moral damages.
SO ORDERED.

DIOSDADO M. PERALTA
Associate Justice

WE CONCUR:

RENATO C. CORONA
Associate Justice
Chairperson

ANTONIO T. CARPIO PRESBITERO J. VELASCO, JR.

Associate Justice Associate Justice

ANTONIO EDUARDO B. NACHURA

Associate Justice

ATTESTATION
I attest that the conclusion 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
Associate Justice
Third Division, Chairperson

CERTIFICATION
Pursuant to Section 13, Article VIII of the Constitution and the Division
Chairpersons Attestation, 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.

REYNATO S. PUNO
Chief Justice