G.R. No.

100198 July 1, 1992

PEOPLE OF THE PHILIPPINES, plaintiff-appellee,

PARAS, J.:

This is an appeal from the decision* of the Regional Trial Court of Kalibo, Aklan, Branch I, convicting accused-appellants Charlie Villorente
and Teresita Villorente of the complex crime of abduction with rape and imposing on them the penalty of reclusion perpetua and the
indemnification of the offended party in the amount of P50,000.00.

Appellants were charged with abduction with rape in an information which reads as follows:

That on or about the 25th day of March, 1986, in the Municipality of Kalibo, Province of Aklan, Philippines, and within the jurisdiction of this
Honorable Court, the above-named accused, with deceit and abuse of confidence, did then and there, willfully, unlawfully and feloniously,
abduct one JONA NERON, a woman of tender age from the house of Claire Tioco at New Buswang, Kalibo, Aklan, where said JONA
NERON was working as domestic servant, to Ogsip, Libacao, Aklan and once there in the house of the accused, the above-named accused
CHARLIE VILLORENTE, in conspiracy with the other accused TERESITA VILLORENTE, by force and intimidation employed upon the
person of the offended party, have sexual intercourse with JONA NERON against her will.

That as a result of the criminal acts of the accused, the offended party suffered moral damages in the amount of FIFTY THOUSAND PESOS
(P50,000.00). (Rollo, p. 18; Original Record, P. 98).

Upon arraignment, both appellants entered a plea of not guilty (Original Records, p. 41).

At the trial, the prosecution presented five (5) witnesses, namely: Claire Tioco, Jona Neron, Sofia Neron, Giovanni Roma and Dr. Emily
Bacolod.

CLAIRE TIOCO, a teacher and employer of Jona Neron, testified that on March 15, 1986, a man whom she later identified as accused
Charlie Villorente came to her house at New Buswang, Kalibo, Aklan, to fetch Jona Neron on the pretext that Jona's father was sick. She did
not, however, allow Jona to go with the man as she was suspicious of the latter (TSN, Hearing of Nov. 9, 1989, pp. 3-5).

On March 25, 1986, a woman who claimed to be Jona's mother and who later turned out to be accused Teresita Villorente, the mother of
Charlie Villorente, came to her house. This woman identified herself as the mother of Jona and she asked permission from her (Claire Tioco)
to bring along Jona with her. Jona likewise asked her permission to go home to Balete for several days. The two left the Tioco house at
around 3:00 o'clock in the afternoon of that day. At a certain distance from her house waited a man whom she later identified as accused
Charlie Villorente (Ibid., pp. 4-5, 9). On March 29, 1986, however, another woman who claimed to be the real mother of Jona, came to her
house (Ibid., P. 4).

JONA NERON testified that on March 25, 1986, she was employed as a helper in the house of Claire Tioco at the Ati-Atihan Compound,
New Buswang, Kalibo, Aklan. On that day, Teresita Villorente, allegedly her aunt, told her that she had to go home with her because her
father was sick (Ibid., Hearing of November 13, 1989, pp. 14, 16). Charlie Villorente was with Teresita at that time. The three of them took a
jeep from Kalibo reaching the poblacion of Balete at about 4:00 o'clock in the afternoon (Ibid., P. 6; Hearing of January 5, 1990, p. 11). From
the poblacion, they took a tricycle to Bgy. Morales instead of Bgy! Arcangel where Jona's family lived (Ibid., Hearing of Nov. 13, 1989, pp. 5-
6). From Bgy. Morales, they proceeded to Bgy. Ogsip where accused Teresita and Charlie Villorente lived. (Ibid., P. 7).

On their way to Bgy. Ogsip, both accused kept on threatening her not to run away. Charlie had a bolo which he took from a house in the
poblacion of Balete (Ibid., Hearing of Jan. 5, 1990, pp. 11-12, 14). His hand was on its handle all the way to Bgy. Ogsip and he kept on
unsheathing it. She was "not in (her) mind at that time because they (Charlie and Teresita) put a handkerchief over (her) head" (Ibid., p. 15)
but along the way, she complained to them why they were proceeding to Bgy. Morales instead of Bgy. Arcangel (Ibid., pp. 7-8).

They reached the house of the accused at about 6:30 p.m. (Ibid., P. 15). Teresita's family prepared supper, but she did not eat because of
her headache. She was directed by Charlie's parents to a room with two beds and on the wider one, she and the two sisters of Charlie slept
(Ibid., pp. 15-17; Hearing of Jan. 10, 1990, pp. 16 & 19).

Sometime during the night, she was awakened when Charlie started molesting her. He so held her feet and her hands that she could not
move. (Ibid., Hearing of January 5, 1990, p. 19). Charlie dragged her to the smaller bed. She kicked and punched him and struggled, but
Charlie was much stronger than she was (Ibid., Hearing of Jan. 10, 1990, pp. 20-21). He also threatened to cut off her head should she
shout or run away (Ibid., Hearing of Jan. 5, 1990, p. 23). In fact, he was holding the bolo with his right hand, while his left hand was pressing
her down (Ibid., Hearing of January 5, 1990, pp. 22-23). After removing her panty, Charlie had sexual intercourse with her. She felt pain
because it was her first sexual intercourse. Although she did not cry out loud, she knew Charlie's parents heard her (Ibid., Hearing of Jan. 10,
1990, pp. 18-19). She did not call for help from Rosemarie and Jovita, Charlie's siters, who had gone outside the room while she was
sleeping (Ibid., Hearing of Jan. 5, 1990, P. 20).
After she had been abused twice that night, she transferred to the sala, but Charlie also followed her. She lay down on the floor, but Charlie
remained seated. She did not think of going home because it was only about 3:00 a.m. and it was very dark. She was also afraid of Charlie
(lbid., pp. 78-80). She was abused two times a night for three nights (Ibid., Hearing of Jan. 5, 1990, pp. 21-22; Hearing of Jan. 10, 1990, P.
3).

At about 6:00 o'clock in the morning on the second day of her abduction, she was brought to the house of Jerry, Charlie's older brother, so
that her Parents would not find her. She was also brought to the house of the Barangay Captain of Ogsip who told her that she would be
married to Charlie if her parents would consent thereto, but she refused saying that she was not yet of age and she had no love for Charlie.
She did not tell the Barangay Captain that she had been abused by Charlie because she was ashamed about what happened to her.
Instead, she told the Barangay Captain that she wanted to go home, but Teresita, Charlie and the latter's father Leopoldo, prevented her
from doing so. Despite his knowledge about her predicament, the Barangay Captain just told her that the Villorente couple wanted her to be
their daughter- in-law (Ibid., Hearing of Jan. 10, 1990, pp. 4-9).

On the 26th of March, her father went to the house of Charlie and stayed there for ten minutes. Her father told the father of Charlie that he
would not consent to her marriage as he wanted her to continue with her studies. She could not talk to her father because Charlie's mother
and two sisters were always by her side. They kept a watch on her even if she would go to the toilet. She was finally able to go home when
she was fetched by her uncle from the house of the Villorentes. Her uncle told the father of Charlie that they should go to their (Neron's)
place if Charlie was determined to marry her. However, she refused to marry him and opted to file this case (Ibid., pp. 10-17).

According to Jona, she learned from her grandmother that Teresita, Charlie's mother, was their distant relative. However, it was only while
she was studying in Balete that she first saw Charlie. He used to stay in the house of her grandmother where she also stayed or that of his
sister-in-law which adjoined the house of her grandmother. He would look at her but be never talked to her although he told other people that
he wanted to court her. He was always in Balete because of he; but during the only chance that he talked to her, she ignored him (Ibid.,
Hearing of Jan. 5, 1990, Pp. 28-30).

SOFIA NERON, mother of Jona, testified that in March, 1986, Jona worked in the house of Claire Tioco as a domestic helper (Ibid., Hearing
of Jan. 4, 1990, P. 5). On March 26, 1986 at about 9:00 o'clock in the morning, she was informed by her brother, Revico 'Dominguez, that
her daughter Jona was in the house of the Villorentes at Bgy. Ogsip. She and her husband went to the house of Bgy. Councilor Blas Ruiz in
Ogsip, who informed them that the father of Charlie came to his house early in the morning, informing him that Jona was in their house.
Jona, Charlie and the latter's parents were present at the time (Ibid., P. 44). She was asked by Ruiz if she was amenable to the wedding of
Jona and Charlie, to which she replied in the negative. She then manifested her intention to bring home Jona with them, but the Villorentes
would not allow Jona (Ibid., pp. 6-10). On Friday, she, her husband and Bgy. Councilor Giovannie Roma of Arcangel went to the house of the
Villorentes in Ogsip and they were finally able to get Jona from the Villorentes. Because Jona told her that she was sexually abused by
Charlie, she sought the advice of the Barangay Captain of Arcangel. He told her to report the matter to the police station of Balete (Ibid., pp.
10-13).

Sofia testified further that she was angered by the fact that the Villorentes filed a "complaint" before the Barangay Captain against her and
her husband, alleging that Jona was staying with the Villorentes when in fact she was the aggrieved party (TSN, Hearing of Jan. 11, 1990, P.
9). At the house of Ruiz, she was prevented by Ruiz from conversing with Jona, notwithstanding the fact that her daughter was only two
meters away from her. When she saw Jona, she noticed that she was in a state of shock with her head "hanging" (Ibid., pp. 13-14). At home,
after they had finally taken Jona from the Villorentes, her daughter narrated to her how, in Balete, while she was struggling to go home,
Teresita took out a smelly white handkerchief from her pocket, put it over Jona's head and Jona "lost her senses" and that, when they arrived
at the Villorentes' house, Leopoldo, Charlie's father, put some pounded ginger on Jona's head and stomach causing her to fall asleep (Ibid.,
p. 16). Jona also related to her that Charlie sexually "used" her by force for three nights (Ibid., pp. 17-18).

GIOVANNIE ROMA, Bgy. Councilor of Arcangel Sur, Balete, Aklan, testified that sometime in the latter part of March, 1986, Sofia Neron
sought his help in getting Jona from the Villorentes in Bgy. Ogsip. He first asked permission from the Libacao police to summon Teresita
Villorente and Charlie Villorente. His request not having been acted upon, he personally went to the house of the Villorentes in Bgy. Ogsip,
together with Jona's parents, to fetch Jona. Charlie and his parents were angry with him for taking Jona and even threatened to file a
complaint for hold-up against him (Ibid., Hearing of Jan. 4, 1990, pp. 14-20). In fact, after Jona had requested him to take her home, he
heard Charlie screaming loudly inside the room (Ibid., Hearing of Jan. 10, 1990, P. 24). He tried to facilitate the marriage of Charlie to Jona,
but the latter refused to marry Charlie and opted instead to file this case (Ibid., P. 28).

DR. EMILY T. BACOLOD, a senior resident physician of Mr. Rafael S. Tumbokon Memorial Hospital, examined Jona at 2:00 p.m. on April 2,
1986 (Ibid., Hearing of June 27, 1990, p. 140). Her findings, as indicated in the medico-legal report, were: "No hematoma nor abrasion
appreciated. Hymen - old laceration at 5:00 o'clock 7:00 o'clock. Admits 1 finger easily, admits 2 fingers with difficulty" (Exh. "D"). She
testified that a hematoma or an abrasion may disappear between 24 to 48 hours from the time it was inflicted and that the laceration in the
victim's sexual organ could have been due to sexual intercourse on March 25, 1986 (TSN, Hearing of June 27, 1990, pp. 8-9).

On its part, the defense presented only appellant Teresita Villorente as the lone witness. Appellant Charlie Villorente, although given several
opportunities by the lower court, failed to testify in his own behalf.

TERESITA VILLORENTE merely swore that she was in Manila on March 25, 1986, and that she did not know Claire Tioco. She was
however, ambivalent as to whether she went to Manila in 1986 or 1989 (lbid., Hearing of September 27, 1990, P. 151).

On January 29, 1991, as stated at the outset, a judgment of conviction was rendered by the trial court. The dispositive portion of the decision
reads as follows:
WHEREFORE, judgment is hereby rendered finding accused Charlie Villorente and Teresita Villorente guilty beyond
reasonable doubt of the crime of Abduction with Rape and sentencing each accused to suffer the penalty of Reclusion
Perpetua, to indemnify the offended Party the amount of P50,000.00, to suffer the accessory Penalties Prescribed by
law and to pay the costs. (Rollo, p. 50).