THE PEOPLE OF THE PHILIPPINES, vs. JULITO U. ARNAN.
- G.R. Number: G.R. No. 72608
- Promulgated: 1993-06-30
- Ponente: Bellosillo, J.
Doctrine
There is no standard form of human behavioral response when confronted with a strange, startling or frightful experience; credibility must be judged accordingly.
The absence of external signs of physical injury does not preclude a finding of rape when other evidence supports the allegation.
The testimony of the complainant, supported by her prompt reporting and medical examination, may be sufficient to sustain a rape conviction without additional witnesses.
Facts
Complainant Nora testified she wrested away a bent spoon the accused allegedly used and thought was a pistol; defense argued physical disparity made this impossible.
No external contusions were found on Nora, but medical evidence showed dead spermatozoa in her vagina nine hours after the alleged assault.
Nora's nephew did not testify and gave no extrajudicial statements; prosecution relied on Nora's testimony without calling him.
Others (the husband of Nora's sister-in-law and the barangay captain) first reported the incident to authorities; Nora executed a sworn statement and signed a complaint and submitted promptly to physical examination.
Issues
Whether Nora's testimony that she grappled with the accused for the weapon is believable despite her being smaller and shorter and fearing the bent spoon might be a pistol.
Whether the absence of external contusions and the presence of dead spermatozoa nine hours later undermine the prosecution's rape case.
Whether the failure to present Nora's nephew or that others reported the incident weakens the prosecution's case.
Ruling
The Court found that there is no single standard human response to a startling experience, so Nora's conduct in grappling for the weapon is credible; the defense contention is unpersuasive.
The absence of external contusions does not negate rape; medical finding of dead spermatozoa nine hours after the assault supports the prosecution.
The nephew's absence and initial reporting by others do not weaken the case: Nora's sworn statement, prompt examination, and testimony sufficed to prove rape beyond reasonable doubt; conviction is affirmed and civil indemnity increased from P5,000.00 to P30,000.00.
Keywords
G.R. No. 72608, rape, reclusion perpetua, Article 335 Revised Penal Code, force or intimidation, deprived of reason or otherwise unconscious, testimony of the complainant must be scrutinized with utmost caution, factual findings of the trial court, credibility of witness, lone testimony of the offended party, People v. Labarias, People Taduyo, sexual congress, accused, julito, clock, evening, unconscious, nephew, defense