G.R. No. 139563 - THE PEOPLE OF THE PHILIPPINES, VS. AMADOR BISMONTE Y BERINGUELA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the court finds that the prosecution has ably established the guilt of the accused, Amador Bismonte, beyond reasonable doubt and hereby sentences him to reclusion perpetua, to indemnify the victim Sarah Joy Casiao in the amount of P50,000.00, to pay her moral damages in the sum of P25,000.00 and to pay the costs. [29] Hence, this appeal. Petitioner alleges that -- THE COURT A QUO GRAVELY ERRED IN CONVICTING ACCUSED-APPELLANT OF THE CRIME CHARGED DESPITE THE CATEGORICAL TESTIMONY OF THE MEDICO-LEGAL OFFICER NEGATING THE PROBABILITY OF SEXUAL ASSAULT UPON THE ALLEGED VICTIM. THE COURT A QUO GRAVELY ERRED IN DISALLOWING THE DEFENSE TO PRESENT PROOF OF ILL-MOTIVE ON THE PART OF THE COMPLAINANT (MOTHER OF THE ALLEGED VICTIM) IN INSTITUTING THE INSTANT MALICIOUS CHARGE AGAINST THE ACCUSED. [30] First . Accused-appellant cites the findings of Dr. Papica that there were no signs of external injuries on the victim and, although there were lacerations in complainant's hymen, the same had healed. Accused-appellant argues that this negate complainant's claim that she had been raped a few hours prior to the medical examination. This contention has no merit. The absence of external injuries and/or of fresh hymenal lacerations does not necessarily negate the commission of rape as neither constitutes an element of this crime as defined in Art. 335 (1) (now Art. 266-A par. 1(a)) of the Revised Penal Code. What is required to be proved is carnal knowledge by use of force or intimidation. The testimony of complainant establishes these two elements. She said: [PROS. BALCUEVA, JR.] .... Q: Now, on March 15, 1996, at 8:00 o'clock in the evening of said date, would you tell the Honorable Court your whereabouts? A: Yes, sir. Q: Please do so. A: I was at home. Q: And, when you said you were at home, would you tell the honorable Court now in what barangay is your house situated? A: Barangay Antipolo. Q: What municipality and province? A: Pasacao, Camarines Sur. Q: That night, March 15, 1996, what time did you go to sleep? A: 10:00 o'clock, sir. Q: In the evening? A: Yes, sir, in the evening. Q: When you slept that night at 10:00 o'clock in the evening, did you sleep up to the early morning of the following day? A: No, sir. Q: Why not? A: Because Amador Bismonte entered our house. Q: And, will you estimate what time was that more or less on March 15, 1996? A: Around 12:00 o'clock, sir. . . . . Q: Now, you just stated before the Honorable Court that he entered your house that evening or about that time, what happened next, if any? A: He focused his flashlight on my face. Q: And, the accused having done that to you, what action, if any, did you do? A: I rose up and sat down. Q: Now, when the accused focused his flashlight on your face that evening, where were you then in relation to the house where you were staying? A: On my bed, sir. Q: Inside the room? A: No, sir. Q: Where? A: I was on my bed but there was no room. . . . . Q: You just stated a while ago that whe