People vs. Ablaneda, G.R. No. 131914, April 30, 2001-1
People vs. Ablaneda, G.R. No. 131914, April 30, 2001-1
SUPREME COURT
Manila
Manila
FIRST DIVISION
G.R. No. 131914 April 30, 2001
PEOPLE OF THE PHILIPPINES, plaintiffappellee,
vs.
JAIME ABLANEDA @ JOEY CAPISTRANO y DE MESA, accusedappellant.
YNARESSANTIAGO, J.:
On February 18, 1993, at around 7:00 o’clock in the morning, sixyear old Magdalena Salas, a Grade I pupil at the
Baldovino Elementary School, Camambugan, Daet, Camarines Norte, was walking to school. Along the way,
accusedappellant Jaime Ablaneda, also known as Joey Capistrano, approached her and asked if he could share
her umbrella, since it was raining. Suddenly, accusedappellant boarded a trimobile with Magdalena and brought
her to a small hut. While inside, accusedappellant removed his underwear and the child’s panties. He applied
cooking oil, which he had bought earlier, on his organ and on Magdalena’s. Then, he proceeded to have sexual
intercourse with the little girl. Magdalena felt pain but was too terrified to speak or cry out. After satisfying his lust,
accusedappellant ordered Magdalena to go home.
When Magdalena arrived at their house, Ailene Villaflores, her uncle’s sisterinlaw, noticed that she looked pale
and weak, and found traces of blood on her dress. Ailene asked her what happened, but Magdalena merely said
that her classmate had pushed her. Ailene did not believe this, so she brought her to a quack doctor. The latter
told her that Magdalena had been raped. Ailene then brought Magdalena to the Daet Police Station and, later, to
the Camarines Norte Provincial Hospital to have her medically examined. When Ailene saw Magdalena’s bloodied
panties, she again asked her what happened. This time, Magdalena confessed that she was raped by a man who
had a scar on the stomach.
Dr. Nilda Baylon, the MedicoLegal Officer who examined Magdalena, found that the latter’s hymen was
completely lacerated, thus confirming that she had indeed been raped.1
Sometime thereafter, Magdalena and Ailene were summoned by the police because a man had been
apprehended. At the precinct, Magdalena positively identified accusedappellant as her rapist. 1 â w p h i1 .n ê t
Consequently, accusedappellant was charged before the Regional Trial Court of Daet, Camarines Norte, with the
complex crime of Forcible Abduction with Rape, in an information which reads:
That on or about 7:00 o’clock in the morning of February 18, 1993 at Barangay Camambugan,
Municipality of Daet, province of Camarines Norte and within the jurisdiction of this Honorable Court,
the abovenamed accused with lewd design did then and there willfully, unlawfully and feloniously,
abduct one Magdalena Salas, a minor, 7 years old (sic) by bringing her to a small hut in a grassy
place and while thereat, said accused, unlawfully, feloniously, and criminally, did then and there have
carnal knowledge of said Magdalena Salas against her will to her damage and prejudice.
CONTRARY TO LAW.2
At his arraignment, accusedappellant pleaded not guilty. After trial, the lower court rendered judgment on June
30, 1997,the dispositive portion of which reads:
WHEREFORE, judgment is hereby rendered finding the accused GUILTY beyond reasonable doubt
of the complex crime of forcible abduction with rape as defined and penalized by Art. 342 of the
Revised Penal Code in conjunction with Art. 335 (S.3) of the Revised Penal Code and Art. 48 of the
Revised Penal Code. Accordingly, he is hereby sentenced to suffer the penalty of reclusion perpetua,
all accessory penalties of the law and as and by way of damages to pay the amount of Fifty
Thousand Pesos (P50,000.00) to the victim and to pay the cost.3
Hence this appeal, where the sole issue raised is whether there was sufficient evidence to sustain his conviction.
In criminal cases, the quantum of evidence required is proof beyond reasonable doubt and not merely sufficient
evidence. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error,
produces absolute certainty. Moral certainty only is required,4 or that degree of proof which produces conviction in
an unprejudiced mind.5 This evidentiary requirement has been duly established by the prosecution in this case.
The elements of the crime of forcible abduction, as defined in Article 342 of the Revised Penal Code, are: (1) that
the person abducted is any woman, regardless of her age, civil status, or reputation; (2) that she is taken against
her will; and (3) that the abduction is with lewd designs. On the other hand, rape is committed by having carnal
knowledge of a woman by force or intimidation, or when the woman is deprived of reason or is unconscious, or
when she is under twelve years of age.6
All these elements were proven in this case. The victim, who is a woman, was taken against her will, as shown by
the fact that she was intentionally directed by accusedappellant to a vacant hut. At her tender age, Magdalena
could not be expected to physically resist considering that the lewd designs of accusedappellant could not have
been apparent to her at that time. Physical resistance need not be demonstrated to show that the taking was
against her will. The employment of deception suffices to constitute the forcible taking, especially since the victim
is an unsuspecting young girl. Considering that it was raining, going to the hut was not unusual to Magdalena, as
probably the purpose was to seek shelter. Barrio girls are particularly prone to deception. It is the taking
advantage of their innocence that makes them easy culprits of deceiving minds. Finally, the evidence shows that
the taking of the young victim against her will was effected in furtherance of lewd and unchaste designs.7 Such
lewd designs in forcible abduction is established by the actual rape of the victim.8
In the case at bar, Magdalena testified in open court that accusedappellant inserted his penis into her private
parts. The fact of sexual intercourse is corroborated by the medical findings wherein it was found that the victim
suffered from complete hymenal laceration. Whether or not she consented to the sexual contact is immaterial
considering that at the time thereof, she was below twelve years of age. Sex with a girl below twelve years,
regardless of whether she consented thereto or not, constitutes statutory rape.
Accusedappellant contends that it was Ailene who inserted her finger into the victim’s vagina to prove that the
young girl was already qualified to be sold. This was allegedly the reason why there was blood in her dress.
Accusedappellant likewise alleges that since the girl was found not qualified to be brought to Manila by a certain
Maning Cabela, the latter ordered accusedappellant to kill her, but instead of killing the child, he let her go.
However, the trial court correctly rejected the theory of the defense and upheld the prosecution’s evidence
regarding Ailene’s actuation after the incident. More specifically, it was established that Ailene’s curiosity was
aroused when she saw bloodstains on the front and back portions of Magdalena’s dress. This prompted her to
seek professional advice, albeit from a quack doctor. After being informed that Magdalena had been raped, Ailene
immediately brought her to the police station, where the incident was reported, and then to the Camarines Norte
Provincial Hospital, to submit Magdalena to a medical examination. Similarly, this Court finds the foregoing to be
more consistent with ordinary human behavior.
The trial court likewise noted that when Ailene Villaflores and Magdalene went to the police station to report this
incident, Ailene did not describe accusedappellant. Thus, Ailene could not have known him at that time, contrary
to the claim of the defense. More importantly, the trial court ruled that if Aileen had indeed stuck her finger into
Magdalena’s private part, Magdalena could have told the policeman about it, rather than report that she was
raped by accusedappellant whose name she did not know then. Magdalena could have also informed the quack
doctor or the MedicoLegal Officer about this to explain the complete laceration on her hymen. But even then, the
medicolegal findings would not support the theory that the complete laceration of the victim’s hymen was caused
by the mere insertion of a finger. Rather, the said findings lead to the conclusion that the laceration was caused by
the full penetration of a male organ.9
In the ultimate analysis, the findings of facts of the trial court, when supported by evidence on record, are binding
on this Court. No significant facts or circumstances were shown to have been overlooked or disregarded which, if
considered, might substantially affect the outcome of this case. Consequently, the trial court'’ conclusions and
assessments on the credibility of witness must be accorded respect on appeal.10
The imposition of the penalty of reclusion perpetua, for the crime of forcible abduction with rape committed in
1993, was correct. No qualifying or aggravating circumstance was proven in this case and there was none alleged
in the information.
However, the trial court erred in failing to award civil indemnity to the victim. Whenever the crime of rape is
committed, a civil indemnity is awarded to the victim without necessity of proof or pleading, and the same is
automatically granted together with moral damages, generally in the amount of P50,000.00 each. In this
connection, the prayer of the Solicitor General that the civil indemnity be increased to P75,000.00 cannot be
granted, the same being contrary to jurisprudence.11 In cases where the death penalty cannot be imposed, the
civil indemnity is reduced from P75,000.00 to P50,000.00.12
WHEREFORE, in view of the foregoing, the decision of the Regional Trial Court of Daet, Camarines Norte, Branch
40, in Criminal Case No. 7763, finding accusedappellant Jaime Ablaneda @ Joey Capistrano y de Mesa guilty
beyond reasonable doubt of the complex crime of Forcible Abduction with Rape, and sentencing him to suffer the
penalty of reclusion perpetua, is AFFIRMED with the MODIFICATION that accusedappellant is ordered to pay to
the victim civil indemnity in the amount of P50,000.00 in addition to moral damages in the amount of P50,000.00.
SO ORDERED.
Davide, Jr., Puno, Kapunan, and Pardo, JJ., concur.
Footnote
1 Exhibit "B".
2 Rollo, p. 7.
3 Penned by Judge Gregorio E. Manio, Jr.; Rollo, p. 23.
4 People v. Santiago, 319 SCRA 644 [1999].
5 Rules of Court, Rule 133, Section 2.
6 People v. de Lara, G.R. No. 124703, June 27, 2000.
7 People v. Crisostomo, 46 Phil. 775 (1924).
8 People v. Aczon, 225 SCRA 237 (1993); People v. Bacalso, 210 SCRA 206 (1992).
9 Rollo, pp. 2223.
10 People v. Suba, 319 SCRA 374 (1999); People v. Nablo, 319 SCRA 784 (1999).
11 People v. Penis, G.R. No. 127903, July 9, 1998.
12 People v. Mangompit, G.R. Nos. 13996266, March 7, 2001; People v. Canonigo, G.R. No. 133649,
August 4, 2000.