People Of The Philippines v. Jessie

GUERRERO, J.:

This is an appeal from the decision of the Court of First Instance of La Union, Branch I, convicting the accused-appellant, Joseph Leones y Ducusin, of the crime of rape charged in the following information, to wit: "The undersigned offended party after having been duly sworn to an oath in accordance with law hereby accuses JOSEPH LEONES y DUCUSIN alias Jessie of the crime of RAPE, committed as follows: "That on or about the 22nd day of April, 1973, in the Municipality of San Fernando, Province of La Union, Philippines, and within the jurisdiction of this Honorable Court, said accused Joseph Leones y Ducusin alias Jessie, by means of violence and use of force compelled the offended party to swallow tablets and consequently thereafter while she fell into semi-consciousness the said accused wilfully, unlawfully and feloniously have carnal knowledge of the complainant Irene Dulay against her will in the house of the accused.

"CONTRARY TO LAW, with the aggravating circumstance of abuse of confidence. "San Fernando, La Union, May 8,1973. (SGD.) IRENE DULAY Offended Party WITH MY CONFORMITY: (sgd.) GAUDENCIO DULAY (Father of the Offended Party) and sentencing him to suffer the penalty of reclusion perpetua and to pay the cost.

The facts are narrated in the People's brief as follows: "Complainant Irene Dulay was a salesgirl employed in the store of Mr. & Mrs. Pepito Leones at San Fernando, La Union where she resided. "On April 22, 1973, the complainant who had headache stayed in her room. Earlier that day, the members of the Leones family, including the accused-appellant Joseph Leones and his sister Elizabeth, had gone to nearby beach resort for a picnic.

"At about past noon the appellant and Elizabeth returned to their house. While there, the appellant and Elizabeth entered the room where complainant was lying down and forced her to take three tablets dissolved in a spoon which according to them were aspirin. The complainant refused to take the tablets but was forced to do so when the appellant held her mouth while his sister pushed the medicine.

Then the appellant and Elizabeth left the room and after a while the complainant felt dizzy. "Later, the appellant returned to the complainant's room and took of her panty. Then the appellant went on top of her.

The complainant tried to push him but as she was weak and dizzy, the appellant succeeded in abusing her (pp. 2-8,15-16, tsn, June 27, 1975). "At about 4:30 P.M. of the same date, Natividad Leones, the stepmother of the appellant, found the complainant unconscious near her room without any panty on. She was then taken to the La Union Provincial Hospital by the driver of the Leones family (pp. 3-5, tsn, June 10, 1976).

"When admitted to the hospital at about 6:00 P.M. of the same date (April 22, 1973), the complainant was semiconscious, incoherent and hysterical. She refused to talk and to be examined by the doctors. She was irritated when approached by a male figure (Exhibit "B", Records, pp. 280-281).

The complainant was first attended to by Dr. Antonino Estioco who found out that she had vaginal bleeding (Exhibit "2", Records, p. 786). The complainant was then referred to Dr. Fe Cayao who was informed by Dr. Estioco that she might have been a victim of rape (p.

28, tsn, May 15, 1974). In the presence of the complainant's father, Dr. Cayao examined her on April 26, 1973 after which she issued a medical certificate with the following findings: '1. Presence of erythema of the vestibular portion of external genitalia; '2.

Healing lacerations of the hymen at 2 o'clock and 10 o'clock; '3. Easily admit one finger with pain; '4. Unclotted blood at the vaginal cavity; '5.

Smear exam for sperm cell-negative; '6. D'plococci-negative '7. Florence test-reagent not available.

(Exhibit "A", Records, p. 3).

"Because of the lack of facilities in the hospital, Dr. Cayao was not able to make any examination to determine whether drug was given to the complainant. (pp. 23- 24, tsn, May 15, 1974.1 The accused-appellant denied the charge imputed to him, claiming that at the time of the alleged rape between 2:00 o'clock and 3:00 o'clock p.m. on April 22, 1973, he was at the beach resort with the other members of the family, namely his sister Elizabeth, his stepmother Natividad Leones, his younger brothers and sisters named Marivic, Theresa, Carol, Pinky and Bongbong together with other companions, for a picnic and had lunch thereat, swimming and picture-taking.

As indicated earlier, the trial court, holding that "viewed from all legal aspects of this case, in the light of the recorded evidence, ... is fully convinced that the crime of rape charged in the criminal complaint was committed by the accused. The evidence presented by the prosecution is not only clear and convincing but has established the guilt of the accused beyond reasonable doubt."

From this sentence, the accused appeals to Us, strongly submitting that the trial court erred in finding him guilty of the crime charged since the evidence presented against him did not prove his guilt beyond reasonable doubt. At the outset, We note a number of significant facts from the recorded evidence of the prosecution which materially and substantially debunks and derails the theory of the Government and correspondingly impresses considerable merit to the defense. 1.

The clinical case record of Irene Dulay's admission and confinement at the Provincial Hospital of La Union, marked Exhibit "2", contain entries which totally and completely belle the claim of the complainant that she was raped by the accused in the afternoon of April 22, 1973. The same is reproduced hereunder: " LA UNION PROVINCIAL HOSPITAL San Fernando, La Union CLINICAL CASE RECORD Fiscal Yr.: 1973 Physician: Physician: Adm.

No.: 275 Admitted by: Dr. Estioco File No. or Rec. No. Approved by: Ped.: City Free: Surg.: Transient free: Dept. Obs.: Classif.

Govt. free; Med.: Prvt. free: EENT: Hosp.

pay: C.U. Off. Hosp. pay: Dental: Off.

Prvt. pay: Name of Patient: Irene Dulay Maiden name: Residence: San Fernando, La Union In case of accident or death notify Natividad Leones, (employer) Charge Hosp. Acct.

to: Age: 16 yrs. Single: Married; Widowed: Nationality Fil. Admitted: 6:00 P.M. 4-22-1973 Assgd PR: I Bed by Dr. Estioco Transf: P.M.19 to Dept: PR Ward #: Bed # Complaints: Vaginal bleeding