Evidence People V Barcelona

G.R. No.
82589 October 31, 1990

PEOPLE
OF
THE
PHILIPPINES, plaintiff-appellee,
vs.
GIDEON BARCELONA y DEQUITO, defendant-appellant.
(RULE 129)
FACTS:
Around 6:30 p.m. of November 7, 1985, Sylina Rodriguez, a
sixteen-year old high scholl student of the Roxas National
Comprehensive High School in Roxas, Palawan, was
walking on her way home. Upon reaching a point in the
diversion road near the Medicare Hospital of the new
townsite, she looked back and say a male person jogging.
She continued walking The jogger overtook her and, upon
doing so, suddenly turned back and took hold of her hands
and started pulling her towards the bushes. She resisted and
hit him with fist blows on his chest. As he was pulling her, he
threatened to kill her by making a motion to pull something
from his back. He was finally able to pull her to the bushes.
In the bushes, he forcibly undressed her, removing both her
skirt and panty. He also undressed and forced her to lay
down on her back. He then lay on top of her and began to
kiss her cheeks and lips. At this point, she was in tears. Then
he inserted his organ into her private part. She immediately
felt a stab of pain. When he was finished he allowed her to
dress up but warned her not to report the incident to the
police authorities. The victim then went home.
The following day, November 8, 1985, accompanied by her
uncle and auntie, she reported the matter to the police
authoritie. Thereafter, she was brought to the Medicare
Community Hospital where she was examined.
Upon information from Hernando Cayaon that he saw
accused-appellant, Gideon Barcelona jogging near the
diversion road in the late afternoon of November 7, 1985, the
police authorities invited the latter on November 9, 1985 for
questioning (November 18, 1986, tsn, p. 3). Upon
confrontation, the victim positively Identified accusedappellant as the person who raped her (July 2, 1986, tsn, p.
14). Thereafter, accused-appellant was placed under
arrest. 4
The accused Gideon Barcelona, however, denied that he
committed the crime imputed to him and interposed the
defense of alibi. The trial court summarized the evidence for
the defense as follows:
The accused in his defense testified that he is presently 19
years old having been born on November 7, 1968. He was
employed since October 1985 in the finishing outfit of Paning
Paner and has their base at Cabugan Island, Roxas,
Palawan. Normally, they go to the Poblacion of Roxas every

Saturday to haul water and supplies. Sometime in the
afternoon of November 9, 1985, he was fetched by P/Sgt.
Eriberto Castillo of Roxas Police Station and taken to the
Municipal Building. In the said place he saw Melchor Cayaon
as well as his brothers and sisters. He alleged since
complainant saw him, she did not positively Identified him
but entertained doubts as the person who raped her.
Supporting in part his testimony was the statement of Roger
a detainee at the municipal jail of Roxas, Palawan at the time
who alleged that he saw suspect Melchor Cayaon in the
early morning of 8 November, 1985. He stated that at about
8:00 A.M. of the same day when victim saw Melchor Cayaon,
the former identified the latter as the one who raped her. He
further heard the complainant describe that the person who
raped her had curly hair. Suspect Melchor Cayaon had curly
hair while accused Gideon Barcelona had no curly hair.
In addition to this, witness Jose Lagrada testified that he was
the companion of the accused at the fishing outfit of Paning
Paner. In brief, said witness testified that he knew accused
Gideon Barcelona. Both of them were employed in said
fishing outfit about the latter part of October, 1985 and
continued uninterruptedly until his arrest on November 9,
1985. He stated that their schedule of fishing is from 7:00
o'clock a.m. up to 1:00 o'clock p.m. He claimed that from the
last week of October 1985 up to his arrest on November 9,
1985, accused Barcelona never went to the Poblacion of
Roxas, Palawan and continuously stayed at Cabugan Island.
Despite prior knowledge that the latter was arrested for rape,
he never informed the Police Force of Roxas, Palawan or
any person for that matter about the stay of Barcelona in
their place of work nor did he visited (sic) accused in jail
despite his close friendship with him.
ISSUE:
WHETHER OR NOT the trial court erred in giving weight to
the testimony of the complainant which is allegedly materially
inconsistent, contradictory and incredible
HELD:
There is no doubt that the complainant had been raped on 7
November 1985, in the manner testified to by her and
affirmed by the trial court. When a woman testifies that she
has been raped, she says in effect all that is necessary to
show that rape was committed, for no young and decent
Filipino woman would publicly admit that she has been
criminally ravished unless that is the truth, for her natural
instinct is to protect her honor.
Besides, complainant's testimony is confirmed by the
surrounding physical facts. Medical examination of her
genitalia in the morning following the attack showed that (1)
there was a slight mucosal inflammation of the labia majora;

(2) hymenal laceration at 2:00 o'clock, 5:00 o'clock, and 9:00
o'clock; and (3) whitish mucosal vaginal discharge, scanty in
amount noted. Dr. Feliciano Velasco, medical officer of the
Roxas Palawan Medicare Community Hospital, who
examined the complainant, opined that this was the first time
she had sexual intercourse because the lacerations on the
hymen were fresh.
Besides, it would appear that the complainant had no ill

motive to falsely against the appellant. In fact, the appellant
was a complete stranger to her and she did not know his
name then; But, when they came face to face, the second
time, she readily pointed to the appellant as the person who
ravished her. This court consistently held that the testimony
of a rape victim as to who abused her is credible where she
has no motive to testify falsely against the accused.
Moreover, the outrage was immediately reported to the

police authorities after its commission, removing any doubt
that the complainant may have concocted her charge against
the appellant.
The appellant argues that the testimony of the complainant

should not be given weight and credence because it is
allegedly inconsistent, contradictory and incredible in that:
(1) on direct examination, she declared that in trying to repel
the advances of the appellant, she bit him on the left
forearm, whereas, on cross examination, she denied having
stated that she bit the appellant; (2) on direct examination,
the complaint that she did not report the incident to her uncle
because she was afraid but, on cross examination, she
stated that she reported the incident to her uncle who, in
turn, reported it to the police; and (3) on direct examination,
the complainant testified that the sexual act took about
twenty (20) minutes and that she felt pain, but that she felt
no ejaculation, while on cross examination, she stated that
there was ejaculation inside her vagina.
The appellant contends, however, that the crime of Rape

was not committed because no force or intimidation was
employed, i.e., no external injuries or bruises or scratches
were found on the complainant's body, despite her testimony
that she was dragged to the bushes, and that the
complainant did not offer tenacious and spirited resistance to
the assault on her.
The absence of physical injuries on the complainant's body
does not, of itself, negate the complainant's testimony that
she was raped; nor does it make the complainant a willing
partner in the sex act. The victim need not kick, bite, hit, slap
or scratch with her fingernails the offender to successfully
claim that she had been raped. It is enough that coition was
undertaken against her will. It is sufficient that the carnal
knowledge was done after the woman yielded because of an
authentic apprehension of a real fear of immediate death or
great bodily harm. In this case, there is evidence that the
offended girl yielded to the carnal desires of the appellant for
fear that he might kill her since, according to complainant,
the appellant had threatened her with death and made
menacing gestures as if to draw a weapon. It is this same
fear that must have prevented her from making an outcry or
reporting the outrage to her uncle.
As the Court had said in a case, "the force or violence
required in rape cases is relative. When applied it need not
be too overpowering or irresistible. What is essential is that
the force used is sufficient to consummate the purpose which
the offender had in mind, or to bring about the desired result.
In using force, it is not even necessary that the offender is
armed with a weapon, as the use of a weapon serves only to
increase the penalty. Intimidation can be addressed to the
mind as well. In sum, the absence of external signs or
physical injuries does not negate the commission of the
crime of rape.
As to the identity of the perpetrator of the dastardly act, the
complainant declared, and the trial court agreed with her,
that the appellant committed the crime. The complainant
positively identified the accused as the person who raped
her and, as the trial court said, she had no doubt nor second
thought about her identification of the accused-appellant.
These alleged contradictory statements are not fatal as they

refer to relatively minor details, and they are to be expected
from uncoached witnesses. They do not affect, nor can they
prevail over the positive identification of the appellant as the
rapist. As repeatedly held by the Court, the discrepancies
and inconsistencies in the testimony of prosecution
witnesses which refer to minor details do not impair the
probative value of their testimony.
The insinuation of the appellant that he could not have raped
the complainant on 7 November 1985 because it was his
birthday is, definitely, without basis for a man overcome by
perversity and beastly passion chooses neither time, place,
occasion, nor victim.
There being no error committed in the judgment appealed
from, the same should be affirmed.
WHEREFORE, the judgment appealed from is hereby
AFFIRMED with costs.
SO ORDERED.

Evidence People V Barcelona

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G.R. No.

82589 October 31, 1990

Palawan. Normally, they go to the Poblacion of Roxas every

there was a slight mucosal inflammation of the labia majora;

Besides, it would appear that the complainant had no ill

Moreover, the outrage was immediately reported to the

The appellant argues that the testimony of the complainant

The appellant contends, however, that the crime of Rape

These alleged contradictory statements are not fatal as they

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