PEOPLE vs ERROJO G.R. No. 102077 January 4, 2004

PEOPLE vs ERROJO

G.R. No. 102077

January 4, 2004

FACTS: Around 6:00 PM of March 5, 1989, the 14-year-old Anita Arabia, herein complainant, was wlaking alone on a pathway in Brgy. Cudian, Ivisan, Capiz on her way home from her sister’s house when a man collared her from behind. She looked back and recognized the man as the accused, Norberto Errojo.

The accused poked the complainant with a knife and held her by the neck and without saying a word, he pushed Arabia towards a forested area. Arabia, asked Errojo what he wanted from her but he just kep silent and continued to push her with a knife poked against her neck. Errojo then held Arabia by the shoulders and turned her body towards him and pushed her to the ground.

Errojo took off his pants and Arabia’s shorts and underwear with his right hand still thrusting the knife at the complainant’s neck. He warned her not to move and then went on top of her, inserted his organ into hers, and consummated the sexual act. Errojo repeated the coitus consuming more or less the same period as the first time. Thereafter, Errojo, before leaving, threatened Arabia that he will kill her and her brothers if she will tell her parents about the incident.

Arabia then wiped her private parts with her underwear and noticed blood in it. Nevertheless, she put it on together with her shorts and went home. When asked by her mother why she was late, Arabia lied by telling her that her sister asked her to watched their store. She then went to the comfort room, washed herself and went to sleep.

On March 12, 1989, a week after the incident, around 6:00PM, Errojo again accosted Arabia on her way home after bringing the laundry of her sister. He again succeeded in raping Arabia twice at the point of a knife and warned the complainant not to tell the incidents to her parents or brothers.

On November 16, 1989, Arabia submitted herself to a medical examination for she intended to take an advance officer’s course in the Citizen’s Military Training (CMT) of their school. Dr. Mariano Alovera, resident physician of the Roxas Memorial Hospital then discovered and informed her that she was in an advance state of preganancy being already 8 months in the family way. This is the time she disclosed to her mother the sexual assaults of Errojo upon her person on March 5 and 12, 1989. Arabia gave birth to a baby boy on December 11, 1989, whom she named Amor John Arabia.

The accused, Errojo, claimed on the other hand that on March 5, 1989 he worked with 4 other companions repairing the main gate of Crisanto Bista’s fishpond at Brgy. Cabugao from 7:00AM and went home at around 8:00PM. On March 12, he claimed that around 5:00PM, he and his son fetched water from a public faucet near the house of Crisanto Bista. Crisanto Bista corroborated Errojo’s testimony that on March 5, he had the main gate of his fishpond repaired by the accused and 4 other men from 6:00AM and invited the workers to have dinner at his house. He also testified that on March 12, he stayed at home and saw Errojo with his son fetch water from the faucet near his house at around 6:00PM.

ISSUES:    a. Whether or not employing not enough force that the law requires amounts to consent of the sexual assault.

       b. Whether or not the delay of making a criminal accusation impairs the credibility of the witness.

RULING: a. No. The SC sustained the trial court’s decision that force and violence required in rape cases is relative and need not be overpowering or irresistible. What is necessary is that the force employed is sufficient to consummate the purpose of the offender or to bring about the result. The force and violence needed in rape is naturally relative and depends on the age, size and strength of the parties and their relation to each other.

In the case at bar, the court finds that the 14-year-old complainant is no match with the 41-year-old accused-appellant. The force and strength of the accused-appellant would have easily overcome any resistance that the complainant could have put up. Moreover, the assault was committed with a deadly knife, the sight of which would have necessarily evoked fear in the complainant. Hence, it is understandable if she easily succumbed to the sexual intrusion.

b. No. It has been held that the delay or vacillation in making a criminal accusation does not necessarily impair the credibility of the witness if such delay is satisfactorily explained.

The complainant’s failure, in the case at bar, to disclose the outrage on her person including to her parents is also due to the threats on her life and her brothers. One cannot also expect a 14-year-old girl to act like an adult or a mature and experienced woman who would have the courage and intelligence to disregard the threat to her life and complain immediately that she was sexually assaulted. Moreover, she would not have filed the rape charges if she had not become pregnant. The Court has taken judicial cognizance that many victims of rape never complain or file criminal charges against their rapists and prefer to bear the ignominy and pain rather than reveal their shame to the world and risk their rapist’s threats.

The Court therefore affirmed the decision of the trial court dated June 28, 1991 convicting accused-appellant of the crimes of rape.