G.R. Nos. 136733-35            December 13, 2001 Act No. 2532 and Republic Act No.

4111, and
sentences him, as follows:
PEOPLE OF THE PHILIPPINES, appellee, 
vs. "1. CRIM. CASE NO. 0532-97 — to suffer the
ELADIO VIERNES y ILDEFONSO, appellant. penalty of RECLUSION PERPETUA, to indemnify
Catherine Linatoc in the amount of P50,000.00,
PANGANIBAN, J.: to pay P10,000 as moral damages pursuant to
Under the Rules of Court, a judgment of Article 2219 (3) of the Civil Code, as well as
conviction in a criminal prosecution may be exemplary damages in the amount of P5,000.00
modified only upon motion of the accused. As a pursuant to Article 2229 of the same Code and
rule, the prosecution is prohibited from seeking, the costs of this suit;
and the trial court from granting, a more severe "2. CRIM. CASE NO. 0533-97 — to suffer an
penalty than that imposed in the original indeterminate penalty of FOUR (4) YEAR, TWO
decision. This is especially true in a case in (2) MONTHS and ONE (1) DAY of Prision
which the new and amended penalty imposed Correccional, as Minimum, to EIGHT (8) YEARS
is death. and ONE (1) DAY of Prision Mayor, as
The Case Maximum, to indemnify Catherine Linatoc in
the amount of P25,000.00, and to pay the costs
Before us is an appeal1 from the April 6, 1998 of this suit; and
Decision and the May 21, 1998 Order2 of the
Regional Trial Court (RTC) of Lipa City (Branch "3. CRIM. CASE NO. 0534-97 — to suffer the
12) in Criminal Case Nos. 0532-97, 0533-97 and penalty of RECLUSION PERPETUA, to indemnify
0534-97. The assailed Decision convicted Catherine Linatoc in the amount of P50,000.00,
appellant of two counts of rape and one count to pay P10,000.00 as moral damages pursuant
of attempted rape. It disposed as follows: to Article 2219 (3) of the Civil Code, as well as
exemplary damages in the amount of P5,000.00
"WHEREFORE, the Court finds the accused, pursuant to Article 2229 of the same Code and
ELADIO VIERNES y ILDEFONSO, guilty beyond the costs of this suit."3
reasonable doubt in Crim. Case No. 0532-97 of
the crime of Rape, as defined and penalized On the other hand; the assailed Order increased
under Article 335, par. 3 of the Revised Penal the penalties as follows:
Code, as amended by Republic Act No. 2532 "WHEREFORE, the Court finds the accused,
and Republic Act No. 4111; in Crim. Case No. ELADIO VIERNES y ILDEFONSO, guilty beyond
0533-97 of the crime of Attempted Rape, as reasonable doubt in Crim. Case No. 0532-97 of
defined and penalized under Article 335, par. 3 the crime of Rape, as defined and penalized
in relation to Article 51 of the Revised Penal under Article 335, par. 3 of the Revised Penal
Code, as amended by Republic Act No. 2532 Code, as amended by Republic Act No. 7659; in
and Republic Act No. 4111; and, in Crim. Case Crim. Case No. 0533 of the crime of Attempted
No. 0534-97 of the crime of Rape, as defined Rape, as defined and penalized under Article
and penalized under Article 335, par. 1 of the 335, par. 3 in relation to Article 51 of the
Revised Penal Code, as amended by Republic Revised Penal Code, as amended by Republic
Act No. 7659, and in Crim. Case No. 0534-97 of Barangay Tibig, Lipa City, Philippines and within
the crime of Rape, as defined and penalized the jurisdiction of this Honorable Court, the
under Article 335, par. 1 of the Revised Penal above-named accused, being then the common
Code, as amended by Republic Act No. 7659, law husband of the mother of the victim, did
and sentences him, as follows: then and there willfully, unlawfully and
feloniously, by means of force and intimidation
"1. CRIM. CASE NO. 0532-97 — to suffer the have carnal knowledge of the undersigned
penalty of DEATH, to indemnify CATHERINE complainant who is a minor below 12 years old,
LINATOC in the amount of P50,000.00, to pay against her will and consent to her damage and
P10,000 as moral damages pursuant to Article prejudice in such amount as may be awarded to
2219 (3) of the Civil Code, as well as exemplary her under the provision of the Civil Code."5
damages in the amount of P5,000.00 pursuant
to Article 2229 of the same Code and the costs The Complaint in Crim. Case No. 0534-97
of this suit; likewise charged him with consummated rape:

"2. CRIM. CASE NO. 0533-97 — to suffer an "That on or about the 18th day of August 1997
indeterminate penalty of TEN (10) YEARS and at about 12:00 o'clock noon, at Barangay Tibig,
ONE (1) DAY of Prision Mayor, as Minimum, to Lipa City, Philippines and within the jurisdiction
FOURTEEN (14) YEARS, EIGHT (8) MONTHS and of this Honorable Court, the above-named
ONE (1) DAY of Reclusion Temporal, as accused, being then the common law husband
Maximum, to indemnify Catherine Linatoc in of the mother of the victim, did then and there
the amount of P25,000.00 and to pay the costs wilfully, unlawfully and feloniously, by means of
of this suit; and force and intimidation have carnal knowledge
of the undersigned complainant who is a minor
"3. CRIM. CASE NO. 0534[-97] — to suffer the of 12 years old against her will and consent to
penalty of DEATH, to indemnify Catherine her damage and prejudice in such amount as
Linatoc in the amount of P50,000.00, to pay may be awarded to her under provisions of the
P10,000.00, as moral damages pursuant to Civil Code."6
Article 2219 (3) of the Civil Code, the amount of
P5,000.00, as exemplary damages, pursuant to Finally, in Criminal Case No. 0533-97, appellant
Article 2229 of the same Code and the costs of was charged with attempted rape:
this suit."4
"That on or about the month of March 1997,
Three criminal Complaints, all dated August 21, around noon time, at Barangay Tibi, Lipa City,
1997, were filed by Catherine Linatoc (assisted Philippines and within the jurisdiction of this
by her mother Lina Dela Cruz-Linatoc) before Honorable Court, the above-named accused,
Second Assistant City Prosecutor Danilo S. being then the common law husband of the
Sandoval. The Complaint in Criminal Case No. mother of the victim, by means of force and
0532-97 charged appellant with rape intimidation and with lewd design pursuant to
committed as follows: his carnal desire, did then and there willfully,
unlawfully and feloniously commence the
"That on or about the 29th day of September, commission of the felony of rape directly by
1996 at about 10:00 o'clock in the morning at overt acts against the undersigned complainant
who is a minor below 12 years old, by then and brothers and a step-brother of Catherine
there undressing her and going on top of her Linatoc to clean the his tricycle, which was
with his exposed private organ but did not parked on the side of the street across his
perform all the acts of execution which should house. They followed his order. Appellant also
have produced the said felony because the instructed Catherine Linatoc to fetch water for
undersigned offended party resisted."7 the house toilet. She obliged, returning with
two pails of it. She deposited them by the door
Criminal Case Nos. 0532-97 and 0534-97 were of the toilet. Turning about, Catherine Linatoc
raffled to the Regional Trial Court of Lipa City, was surprised to find appellant behind her. In
Branch 12; and Criminal Case No. 0533-97, to quick succession, appellant pushed her to the
Branch 85 of the same court. Later, all the cases wall, pulled her skirts up, drag her panty mid-
were consolidated in Branch 12.8 way her lower leg, and rushed his own pants
On arraignment, appellant pleaded not down. Grasping her hands tightly with one
guilty.9 After trial in due course, the lower court hand, appellant began inserting his penis into
rendered the assailed Decision. her vagina. She resisted to no avail. His penis
established a comfortable slide into and out of
In a Motion for Reconsideration dated May 18, her [organ], as the pace quickened for about
1998, Prosecutor Sandoval asked that the three minutes. The gyration was furious. After
imposed penalties be increased pursuant to appellant spurted out, he backed off and left
Republic Act (RA) No. 7659. The RTC granted saying nothing.
the Motion via the assailed Order.
"Frightened and crying, Catherine Linatoc went
The Facts to her great-grandmother's abode in San
Version of the Prosecution Guillermo, Lipa City. She reported the incident
to this elder, and recounted some more.
In its Brief,10 the Office of the Solicitor General
Catherine Linatoc told her great-grandmother
presents the following narration of facts:
of two other acts of sexual abuse by appellant.
"Catherine Linatoc stood quietly by the door of The first one, she narrated, happened on
the toilet of appellant's — her mother's September 29, 1996, about ten in the
common-law husband — house. Her skirt's morning[;] and the second, on March 1997
hemlines were slowly falling to her knees vainly around noon-time.
covering the panty that were pulled down mid-
"The first rape happened on September 4, 1996
way her lower legs. This was the third of a
in appellant's house. Catherine Linatoc was on
series of dismaying sex that she and appellant
the ground floor of the house when so suddenly
had been through. Like the others before this
appellant sprung from wherever he was,
one, there was by appellant much pulling,
grabbed and carried her to the second floor.
shoving and forcible grasping of her hands, thus
The second floor was just three steps from the
rendering her immobile for three minutes or so.
ground floor. He then undressed her, taking off
"The third rape happened in appellant's house her sando, skirt and panty. He undressed
in Tibig, Lipa City, around noontime of August himself too, and then floored both their bodies,
18, 1997. Appellant then bidded [sic] the two [his] on top of her. He caressed her breasts and
started inserting his penis into her vagina. Appellant denies the charges against him.
Appellant held her hands tightly and fought off Claiming to have been elsewhere at the time of
her struggle. There was push and pull for about the commission of the alleged crimes, he
three minutes, then appellant came through. submits the following counterstatement of the
Appellant dressed up, and before walking away, facts:
apologized to her. It would be the first and last
rape, he said. "1) ELADIO, at the lower court, stated that he is
the common law husband of Lina de la Cruz-
"There was soon the second sexual abuse. In Linatoc (mother of the alleged victim . . .
March 1997, about noontime, using the same Catherine Linatoc). He is a security guard and at
strategy as he did in the [first] rape, appellant the same time, a tricycle driver. On September
unburdened himself on Catherine Linatoc. From 29, 1996 he was living with Lina, together with
nowhere, appellant appeared. He dragged her Catherine, his two sons and other relatives. On
to the second floor where he undressed her and September 28, 1996 he scolded Catherine. As a
himself. He mightily threw her to the floor, his consequence thereof, Catherine went to the
sweaty body covering her's. Appellant engaged house of her great grandmother and stayed
in the now familiar gyration once again. This therein even beyond September 29, 1996.
time, however his penis landed on the thighs of Therefore, it is impossible for him (ELADIO) to
the victim as insertion, because of her struggle have attacked Catherine sexually on September
and vagina's virginal qualities, became 29, 1996. It is not true that he attempted to
frustratingly difficult. Between her thighs rape Catherine in March of 1997 because he
appellant thrusted his penis. He satisfied was on duty at that time. Their company
himself just the same. logbook will bear witness thereto. (Exhibit '2',
Original Records) On August 18, 1997 it is not
"The great-grandmother was helpless to true that he raped Catherine since he was
remedy the abuse done to Catherine Linatoc. plying his tricycle then. (TSN, pp. 2-13,
They waited for the father of Catherine Linatoc, December 11, 1997; and pp. 2-22, January 8,
Orlando Linatoc, who arrived four days later. 1998)
The mother of Catherine Linatoc, Lina Viernes,
also arrived. Catherine Linatoc had her medico- "2) Lina de la Cruz at the Court below, testified
legal examination with these results.: that she confirms claim/s [sic] of ELADIO that
Catherine was no longer in their house on
'x x x lacerated hymen on the 3:00 and 9:00 September 29, 1996 and that ELADIO could not
o'clock positions with small amounts of whitish have abused Catherine sexually. Catherine's
discharge.' charge for March 1997 and August 18, 1997
"The medico-legal examination was performed were not also true. (TSN, pp. 2-7, February 3,
by Dr. Helen S. Dy. The present criminal 1998).
complaints against appellant were thereafter xxx           xxx           xxx
filed."11
"D. Sur-Rebuttal Evidence
Version of the Defense
"ELADIO, as a sur-rebuttal witness, denied to charged and on meting out on him the supreme
have asked the settlement of the case."12 penalty of death, more particularly in Criminal
Cases Nos. 0532-97 and 0534-97."
Ruling of the Trial Court
An appeal from a criminal conviction, especially
The court a quo held that the testimony of one involving the death penalty, throws the
Catherine Linatoc — both on direct and on whole case open for review. Thus, it becomes
cross-examination — was clear, positive and the duty of the reviewing court to correct any
steadfast. Corroborated by the medicolegal error in the appealed judgment, whether or not
examination conducted on her, it was replete it is made the subject of an assignment of
with details that jibed on material points. The error.15 In this light, the Court believes that a
prosecution successfully proved that she was second issue needs to be taken up, namely:
the daughter of appellant's common-law wife
and that, at the time of the crime, she was 12 "Whether the trial court erred in increasing the
years old. penalties via the assailed Order."

The declarations of complainant were accorded This Court's Ruling

full faith and credence on the theory that she
The trial court was correct in convicting
would not publicly acknowledge the defilement
of her virtue or subject herself to public appellant in accordance with the challenged
Decision, but was wrong in imposing the new
humiliation, if her purpose was not to obtain
justice for the wrong committed. There is no penalties through the assailed Order.
evidence that she was a woman of loose morals First Issue:
or that she had any ill motive to falsely accuse Appellant's Culpability
appellant.
After a thorough review of the pleadings, the
On the other hand, appellant's denial and alibi transcripts of stenographic notes and other
were unsubstantiated and self-serving; hence, records of the case, we are convinced that the
they deserve no weight in law. They cannot court a quo did not err in giving credence to the
stand against Catherine's positive testimony. testimonies of the victim and the other
In the assailed Order, the trial court noted that prosecution witnesses. The testimony of private
complainant, detailing how she was abused by
the prosecution's Motion was unopposed. It
ruled that the increase in the penalty did not appellant on two separate occasions and how
he tried to rape her once more, was clear and
place appellant in double jeopardy.
convincing. We quote at length:
Hence, this appeal.13
"Q         While you were in your house on that
The Issues date, September 29, 1996, 10:00 o'clock in the
morning, do you remember of any unusual
In his Brief,14 appellant raises this sole alleged incident that transpired if any?
error:
A         Yes, sir.
"The lower court has committed an error in
convicting the accused-appellant of the crimes
Q         What was that unusual incident that Leading your Honor.
transpired?
Court
A         After my mother left, I was pulled sir.
Answer.
Q         By whom, who pulled you?
A         He undressed me sir.
A         My step father, sir.
Q         What were you wearing that Eladio
Q         Where were you brought, towards what Viernes took of[f] from your body?
direction?
A         I was wearing a skirt which was my
A         Towards the second floor of our house uniform sir.
and to the place where we sleep, sir.
Q         What else i[f] any were taken of[f] from
Q         By the way, that house where you were your body by Eladio Viernes?
living in Brgy. Tibig, Lipa City on that date
A         My blouse, sando and my skirt and my
September 29, 1996, what kind of house is
that? panty sir.

Q         After Eladio Viernes took your clothing,

A         It is made of Sawali, sir.
after removing your clothing what did Eladio
Q         How about the flooring, how many floors Viernes do on your body?
does it have?
A         He placed himself on top of me.
A         Three (3) steps sir.
Q         When Eladio Viernes placed himself on
Q         What do you mean by three (3) steps? top of you, what was he wearing if any?

A         Our stairs is made of three (3) steps, sir. A         None sir.

Court: Q         By the way, when Eladio Viernes pulled

you to where you usually sleep, what was his
From the ground floor? wearing at that time?
A         Yes, sir. A         He was wearing pants, sir.
Q         What is located after going this stairs Q         You said that after Eladio Viernes took
composed of three (3) steps? of[f] all your clothing he went on top of you you
A         That is the place where we sleep sir. said he was already naked, what did he do with
hi[s] pants before he went on top of you?
Q         After you [were] pulled upstairs to where
you usually sleep by Eladio Viernes, what did A         He mashed [m]y breast sir.
Eladio Viernes do to you after reaching that Q         What else did he do [to] you aside from
upper portion of your house, if he did anything? mashing your breast?
Atty. Dimaandal A         He inserted his penis into my vagina.
Q         By the way, while he was mashing your A         In May 1997 but I do not remember the
breast, what were you doing if you did exact date sir.
anything?
Q         Are you sure about the date?
A         I was fighting him back sir.
Atty. Dimaandal
Q         What did Eladio Viernes do when you
That is the answer of the witness.
fought him back while he was mashing your
breast? Prosecutor
A         He was slapping me sir. That's why I am asking, are you sure about the
Q         When he inserted his penis into your date?
vagina, what did you feel? A         May 19, 1997 sir.
A         Painful, sir. Q         By the way, in [the] second incident
[where] Eladio Viernes according to you raped
Q         Was Eladio Viernes able to actually insert
his penis[?] you again, where did this happen?

A         At Barangay Tibig, Lipa City.

Atty. Dimaandal

Leading your honor. Q         In what particular place in Bgy. Tibig

were you raped for the second time by Eladio
Q         After Eladio Viernes inserted his private Viernes?
organ into your private organ, what else did he
Q         In the upper portion of our house at the
do if anything more?
place where we are sleeping sir.
A         He did pumping motion, sir.
Q         The same place where the second rape
Q         For how long did he do this pumping was committed?
motion, while his penis was inside your vagina?
A         Yes, sir.
A         About three (3) minutes sir.
Q         Around what time did this happen, this
Q         After three (3) minutes when Eladio second rape happened?
Viernes did this pumping motion while his penis
was inside your vagina, what else did he do if he Atty. Dimaandal
did anything more? We make it of record that the witness cannot
A         He removed his private organ sir."16 answer.

Prosecutor
We also quote the testimony of the victim
regarding appellant's attempt to rape her: The witness is thinking . . .
"Q         When was the second time, after A         Noontime sir.
September 26, 1996?
Q         How did this happen? Q         What did you do when Eladio Viernes
again mashed your breast?
A         He again pulled me sir.
A         I was fighting him back sir.
Q         By the way on that second occasion,
where was your mother? Q         What else did he do aside from mashing
your breast, what did Eladio Viernes do to you?
A         She was working sir.
A         He was inserting his penis into my vagina
Q         You said that you were again pulled, sir.
where were you brought by Eladio Viernes at
the same time around? Q         When Eladio Viernes was inserting his
penis into your vagina, what did you do?
A         The upper portion of our house and at
the place where we were sleeping sir. A         I was struggling sir.

Q         After you were pulled by Eladio Viernes, Q         When you struggled, what happened to
what did Eladio Viernes do to you? that effort of Eladio Viernes to insert his penis
into your vagina?
A         He undressed me sir.
A         It was not inserted sir.
Q         What kind of wearing apparel that you
were wearing that were taken off by Eladio Q         What did Eladio Viernes do when he
Viernes on that same occasion? failed to insert his penis into your vagina?

A         I was wearing a skirt sir. A         He just placed it between my thighs sir.

Q         After you were undressed by Eladio Q         After placing his penis between your
Viernes what did Eladio Viernes do to you if he thighs, what else did Eladio Viernes do if he did
did anything? anything?

A         He again placed himself on top of me sir. Atty. Dimaandal

Q         What was he wearing he placed himself May we interrupt . . That after translations the
on top of you if he was wearing anything? answer of this witness. He just place on my
thigh, there was no vagina [sic].
A         He was wearing pants sir.
Q         You said that Eladio Viernes placed his
Q         When he placed himself on top of you, penis in your thighs, in what particular part of
where was his pants? your thighs?
A         He removed pants sir. Atty. Dimaandal
Q         When Eladio Viernes went on top of you, Leading
what did you [sic] do if he anything more on the
second time around? Court

A         He again mashed my breast sir. Answer.

Interpreter A         He instructed our companions in the
house to clean the motor tricycle sir.
Witness pointing to the inner portion of her two
thighs Q         After instructing your companions in your
house to clean the motor tricycle, what else did
Q         What did Viernes do after he put his Eladio Viernes do, if he did anything more?
penis between the inner portion of your two
thighs? A         He asked me to fetch two (2) containers
of water sir.
A         [H]e placed his penis between my thighs
and he again did the pumping motion sir."17 Q         By the way, these your companions of
your house, [sic] who where given the
Pertinent portions of the testimony of instruction by Eladio Viernes to clean the motor
complainant regarding her second defilement in tricycle, who are these companions [sic] of your
the hands of appellant read as follows: house?
"Q         Miss Witness, on August 18, 1997 A         My two brothers and one step brother,
around 12:00 noon where were you? sir.
A         I was at home sir. Q         How old were these two brothers of
Q         What were you doing? yours and your one step brother who were
given the instruction by Eladio Viernes to clean
A         I just arrived from school sir. the motor tricycle?

Q         You said that you were in your house, A         My step brother was 12 years old; my
where was this house located on that date, two brothers were six and 5 years old sir.
August 18, 1997?
Q         How far was this tricycle from your
A         At Barangay Tibig sir. house?

Q         You said that you had just arrived from A         Near the street sir.
school, when you arrived in your house in Brgy.
Tibig, Lipa City on August 18, 1997 around 12 Q         Around how many meters if you can
noon, whom did you meet in your house if you calculate was this tricycle from your house or
met anybody there? can you point distance from the place where
you are sitting now to any place inside the court
A         My step father sir. room?

Q         Meaning Eladio Viernes? Interpreter

A         Yes sir. Witness pointing to the railings inside the Court

room as their house and the witness pointed to
Q         Seeing Eladio Viernes in your house on
the western wall of the court room as the place
that date August 18, 1997 around 12 noon,
where the tricycle was to be around 7 meters
what did he do if he did anything upon seeing
sir.
him or meeting you?
Q         What did your two (2) brothers and one A         He will again repeat raping me sir.
(1) step brother do if they did anything more
upon receiving the instruction from your step Q         When you got frightened, what did you
do?
father Eladio Viernes to clean the motor
tricycle? A         I tried to struggle sir.
A         They followed the instruction of my step Q         Why did you struggle, what was Eladio
father to clean the tricycle sir. Viernes doing [to] you?
Q         How about you when you were A         He pulled up my skirt and when I was
instructed by your step father to fetch two (2) trying to go out from the comfort room he was
containers of water, what did you do? stopping me from going out sir.
A         I brought the water near the comfort Q         What happened to your struggle, to free
room sir. from the hold of Eladio Viernes when you were
Q         After you brought the two (2) containers inside the comfort room?
of water to the place were you said a while ago, A         I could not go out [o]f the comfort room
what did Eladio Viernes do to you if he did because I was held by my step father sir.
anything?
Q         After Eladio Viernes pulled up your skirt,
A         He followed me sir. what did he do with you if he did anything
more?
Q         After Eladio Viernes followed you, what
did he do [to] you if he did anything? A         He pulled down my panty sir.
A         I was frightened sir. Q         Up to what portion was that panty of
Q         Why? yours pulled down?

Interpreter
Atty. Dimaandal

Not responsive your honor. I move to strike out Witness pointing to her ankle
the answer of the witness.' Q         After Eladio Viernes pulled down your
Court panty up to your ankle, what did he do to you?

A         He was inserting his penis into my vagina,

Continue.
sir.
Q         Why did you get frightened?
Q         What was your position in relation to
A         Because I felt that he will repeat the Eladio Viernes when he was inserting his penis
same thing sir. into your vagina?

Q         What do you mean repeat the same A         I was standing sir.

thing?
Q         How about Eladio Viernes, where was he them firsthand and to note their demeanor,
in relation to you while he was inserting his conduct and attitude on the stand.21 In the
penis into your vagina? absence of any showing that its assessment is
flawed, an appellate tribunal is bound by it.
A         He was at my back sir.
Despite the tender age of complainant, her
Q         What happened to this effort of Eladio accounts on direct and cross-examination were
Viernes in trying to insert his private organ into replete with details that jibed on material
your private organ? points.22 Considering her young age, it would
A         It was inserted sir. have been highly improbable for her to
fabricate a charge so humiliating to her and her
Q         You said that you were standing, what family, had she not been truly subjected to the
was the form or what was the position of your painful experience of sexual abuse.23
body aside from the fact that you were standing
when Eladio Viernes was able to insert his penis The moral ascendancy of appellant as the
into your vagina while he was at your back? common-law husband of complainant's mother
takes the place of force and intimidation as an
A         I was standing and I was struggling sir. element of rape,24 although the presence of
such element is apparent from Catherine's
Q         When Eladio Viernes was actually able to
testimony.
insert his penis into your vagina, what was the
position of your body aside from the fact that Alibi and Corroboration
you were standing?
Appellant denies having raped Catherine on
A         I was standing with my knees bent sir. September 29, 1996, claiming she was at her
grandmother's house in San Guillermo, while he
Q         After Eladio Viernes was able to insert
was outside his house digging a toilet pit.
his, penis into your vagina while you are in a
Allegedly, in March 1997, he was on duty as a
standing position, how long was his penis inside
security guard at the Smart Tower; and on
your vagina?
August 18, 1997, he was busy the whole day
A         About three (3) minutes sir."18 plying his tricycle route.

Catherine impressed the trial court as "a decent The trial court correctly disbelieved his alibi.
woman [who has] not been shown to be of Alibi and denial, if unsubstantiated by clear and
loose morals or one who goes out with different convincing evidence, are negative and self-
men any time of the day or night."19 A rape serving evidence that deserve no weight in law.
victim who testifies in a categorical, They cannot be given greater evidentiary value
straightforward, spontaneous and frank manner over a credible witness' testimony on
— and remains consistent — is a credible affirmative matters.25 Except for Lina Linatoc's
witness.20 It is well-entrenched that the trial corroboration, the only evidence supporting the
court is in the best position to assess the alibi and denial of appellant is his own say-so.
credibility of witnesses and their testimonies And Lina happens to be his common-law wife;
because of its unique opportunity to observe thus, her testimony is necessarily suspect and
cannot prevail over the testimonies of more Appellant pleads for leniency on account of his
credible witnesses.26 Negative testimony cannot alleged voluntary surrender.
prevail over the offended party's positive
We disagree. The act of surrender must be
identification of the accused as her rapist.27
spontaneous, accompanied by an
Finally, for alibi to prosper, it must be shown acknowledgment of guilt, or an intention to
that the accused was in another place at the save the authorities the trouble and the
time the crime was committed, and that it expense that search and capture would
would have been physically impossible for him require.30 Going to the police station "to clear
to be at the scene of the crime at the time it his name" does not show any intent of
was committed.28 Such physical impossibility appellant to surrender unconditionally to the
was not proven in the present case. The Smart authorities.31
Tower where appellant worked as a security
guard was located also in Barangay Tibig, Lipa Medicolegal Officer's Testimony
City, and was only a thirty-minute walk from his Appellant avers that the medicolegal officer
house. The tricycle station, on the other hand, who examined complainant admitted being
was only 1000 meters away. Note that he had a unsure of her findings.
motorized tricycle at his disposal. His alibi,
therefore, is unworthy of credence. We disagree with the assessment by appellant
of the testimony of the medicolegal officer.
Attempt to Settle the Case However, even if we discount the testimony of
the latter, complainant's testimony by itself can
Appellant strongly denies the prosecution's
assertion that he attempted to settle the case sustain the former's conviction. Medical
examination is not an indispensable
with complainant's family.
requirement, and its absence does not affect
We remain unconvinced. Instead, we concur the verdict of conviction, if sufficient evidence is
with the finding of the RTC that the letter dated presented to prove the crime charged.32 When a
November 25, 1997 — addressed to Orlando rape complainant, especially one of tender age
and Catherine Linatoc, signed by appellant and like Catherine, says that she has been raped,
delivered by Lina Linatoc — was admissible she in effect says all that is necessary to show
evidence against appellant. Perusal of the letter that she has indeed been raped.
reveals that he attempted to bribe Orlando with
Civil Indemnity and Moral Damages
P150,000 or a house and lot and a promise of
an additional P100,000 in exchange for The Solicitor General takes issue with the
dropping the charges against him.29 Under damages awarded by the RTC. In the assailed
Section 27, Rule 130 of the Rules of Court, an Order, it ordered appellant to pay P50,000 in
offer of compromise by the accused may be civil indemnity, P10,000 in moral damages and
received in evidence as an implied admission of P5,000 in exemplary damages for every count of
guilt. consummated rape; and P25,000 in civil
Voluntary Surrender indemnity for the attempted rape.
Recent jurisprudence has increased the conviction. Early on, in People v. Ang Cho
indemnification for the victim in a case of Kio,37 the Court, citing Article 2 of Rule 118 of
consummated rape to P75,000 if the crime was the pre-1964 Rules of Court, held that the
committed with, or effectively qualified by, any prosecution cannot move to increase the
of the circumstances under which the death penalty imposed in a promulgated judgment.
penalty is authorized by the applicable Reopening the case for the purpose of
amendatory laws.33 Moral damages are pegged increasing the penalty as sought by the
at P50,000 without further need of pleading or government would place the accused in double
proof. jeopardy. This ruling was followed in People v.
Pomeroy38 and People v. Ruiz.39
Exemplary damages, on the other hand, are
granted when an aggravating circumstance, The 1964 amendment of the Rules, however,
which is not offset by a mitigating circumstance, allowed the fiscal to move for the modification
attended the commission of the crime. In or the setting aside of the judgment before it
several cases, the relationship between the became final or an appeal was
appellant and the rape victim justifies the perfected.40 Under this amendment, a judgment
award of exemplary damages, as in this case.34 acquired finality and the trial court lost
jurisdiction only in the following cases: (1) after
Second Issue: the 15-day period to appeal lapsed,41(2) when
Modification of Penalties the defendant voluntarily submitted to the
One day after the promulgation of the April 6, execution of judgment, (3) when the defendant
1998 Decision, the prosecution filed a Motion perfected the appeal,42 (4) when the accused
for Reconsideration seeking the imposition of withdrew the appeal, (5) when the accused
the death penalty on appellant for the two expressly waived in writing the right to
cases of consummated rape and reclusion appeal,43 and (6) when the accused filed a
temporal for the attempted rape, in accordance petition for probation.44 Under this amendment,
with Section 11 of RA 7659. The prosecution the trial court had plenary power to alter or
argued that the Motion would not place revise its judgment in accordance with the
appellant in double jeopardy, because "what is requirements of law and justice.
sought is just the imposition of the proper In 1985, Section 7 of Rule 120 was amended to
penalty as provided by law."35 The trial court include the phrase "upon motion of the
concurred with the prosecution and granted the accused" — effectively resurrecting the Ang
Motion in the assailed Order, saying that the Cho Kio ruling prohibiting the prosecution from
Motion was unopposed and that there was no seeking a modification of a judgment of
violation of appellant's right against double conviction.45 As amended, the provision was
jeopardy.36 worded as follows:
We disagree. Conflicting decisions rendered "SEC. 7. Modification of judgment. — A
over the years — both allowing the prosecution judgment of conviction may, upon motion of
to seek the reconsideration of a conviction and the accused, be modified or set aside by the
prohibiting it therefrom — necessitate a review court rendering it before the judgment has
of the rule on the modification of judgments of become final or appeal has been perfected. A
judgment in a criminal case becomes final after exception, the RTC judge meekly granted the
the lapse of the period for perfecting an appeal, relief prayed for and condemned the
or when the sentence has been partially or accused, inter alia, to two death sentences.
totally satisfied or served, or the accused has
expressly waived in writing his right to appeal, Before this Court, counsel was again caught flat-
footed by not raising the erroneous basis of the
or the accused has applied for probation."
assailed Order. We cannot disregard such
Under this Rule, a judgment of conviction, serious lapse. We urge counsel, as well as all the
before it became final, could be modified or set members of the bench and the bar, to be more
aside upon motion of the accused.46 It obviously vigilant in protecting the rights of the accused
aims to protect the accused from being put — especially those in jeopardy of the death
anew to defend himself from more serious penalty — and to keep abreast of legal
offenses or penalties which the prosecution or developments. Indeed, the learning process in
the court may have overlooked in the original law never ceases.47 Utmost dedication to duty
trial. It does not however bar him from seeking and excellence is expected of every lawyer.
or receiving more favorable modifications.
WHEREFORE, the appeal is hereby PARTIALLY
Significantly, the present Rules, as amended last GRANTED. The assailed Order is ANNULLED and
year, retained the phrase "upon motion of the SET ASIDE, while the assailed Decision is
accused," as follows: AFFIRMED and REINSTATED with the
MODIFICATION that the awards of moral
"SEC. 7. Modification of judgment. — A damages are increased to P50,000 and those for
judgment of conviction may, upon motion of exemplary damages to P25,000 for each
the accused, be modified or set aside before it consummated rape, pursuant to current
becomes final or before appeal is perfected. jurisprudence.48
Except where the death penalty is imposed, a
judgment becomes final after the lapse of the SO ORDERED.
period for perfecting an appeal, or when the
sentence has been partially or totally satisfied
or served, or when the accused has waived in
writing his right to appeal, or has applied for
probation."

Therefore, the assailed Order is erroneous and

reversible. The trial court cannot increase the
penalties without the consent of the accused.

We close this Decision with an exhortation to

the defense counsel to be more circumspect in
defending appellant and others similarly
situated. Counsel should have immediately
objected to the Motion for Reconsideration in
the trial court. Because of this failure to take