Inconsistent but credible
In the crime of rape, the accused sometimes uses the “sweetheart defense” in which he claims that he and the victim are sweethearts and therefore the sexual intercourse between them is consensual. This case also explains the complex crime of forcible abduction with rape and the proper wording of the Information in order to sustain a conviction for such crime. Also explained here is what must be allege in the information in case the crime of rape is punishable by death under R.A. 7659 particularly the age of the victim and her relation to the accused by affinity or consanguinity within the third degree. This is the case of Mike.
Mike is the younger brother of Ciriako who resides in a town of a Visayan province together with his daughter, Rina, where Mike decided to live for a year. One time, he saw Rina going to a well near their house to take a bath. Mike was so enticed that he grabbed her and forcibly dragged her at knife point to the highway where they boarded a truck bound for another town. Rina had to go with Mike out of fear especially because the latter continuously poked the knife at her under cover of his jacket. Then he brought her to another town where they stayed at the house of his sister Vicky. Rina however was not aware that Vicky is her aunt. While in said house, Rina tried to escape but was caught by Mike who severely mauled her until she lost consciousness.
Suspecting that Vicky would report what happened to the police, Mike took Rina to his nephew, Boyet, Rina’s first cousin. Considering that Rina and Boyet had not met before, Mike was able to pass her off as his wife. Then a week later at around midnight, Mike sexually assaulted Rina armed with a blade. He covered Rina’s mouth to prevent her from shouting. After satisfying his lust Mike even touched Rina’s private part causing her to scream and cry for help. Boyet however could not do anything to assist her when he awakened. Then Mike struck Rina with a piece of wood rendering her unconscious. Much later he brought her to the house of another aunt, Cora.
Cora immediately noticed Rina’s weak and pale condition and offered her medicine. Then she was able to stop Mike from pouring boiling water on Rina to finish her off. After four days, Rina sufficiently recovered from her injuries and while Mike was still sleeping, Cora accompanied her to the police where she reported her ordeal. After being examined by the medico-legal officer, a charge of forcible abduction with rape was filed against Mike who was arrested thereafter.
For his defense, Mike admitted having sexual relations with Rina, but insisted that it was consensual because they were lovers and had been engaging in sexual intercourse for more than three months. Then he also claimed that they lived together as husband and wife after Rina revealed to him that she was not Ciriako’s daughter. Mike also admitted that he had a pending rape case against him although he denied fleeing and hiding in Ciriako’s house to escape arrest.
The trial court however found Mike’s version of the incident preposterous and his defense untenable. So the court found him guilty of the crime charged and sentenced him to suffer the extreme penalty of death.
On automatic revenue, the Supreme Court affirmed the trial court’s decision despite Mike’s contention that Rina’s testimony is unbelievable due to several inconsistencies between her affidavit and her testimony. The court said that these discrepancies do not necessarily impair the credibility of the testimony because affidavits are generally taken ex parte and are often inaccurate for lack of searching inquiries by the investigating officer. Noteworthy here is that the affidavit and testimony of Rina in open court are consistent on the fact that Mike raped her under threats of a knife after abducting her by force, mauling and maltreating her repeatedly thus instilling fear in her, then dragged her to any vacant house he liked where he raped her one night. The trial court’s assessment of Rina’s credibility is entitled to great weight as her testimony was given in a clear, straightforward and convincing manner.
The sweetheart defense is not acceptable as there is no showing of mementos, love letters, notes, pictures or any concrete proof of a romantic relationship. Besides it is contrary to human experience that a naïve rural lass like Rina, barely 19 years old would willingly consent to be her uncle’s paramour. If they were sweethearts, Mike would not have maltreated Rina repeatedly.
However, while abduction has been duly proven because the victim was forcibly taken by Mike at knifepoint, and, by threats and intimidation, brought to various towns, moved by lewd designs, he cannot be convicted of this complex crime because the Information fails to allege “lewd designs.” So the crime of rape absorbs the crime of forcible abduction and Mike is guilty of simple rape only. The death penalty cannot be imposed on him pursuant to Section 11. (1) R.A. 7659 , because Rina was already more than 18 years of age and the Information did not allege that he and Mike were relatives within the third degree of affinity or consanguinity, which is a qualifying circumstance. So the sentence of Mike should only be reclusion perpetua (People vs. Sabredo, G.R 126114, May 11, 2000). * * * Email: attyjosesison@gmail.com H