G.R. No. 133190; July 19, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. SANTOS LOR, accused-appellant.

FACTS

Accused-appellant Santos Lor was charged with rape and attempted rape. The trial court convicted him of rape in Criminal Case No. H-713 and sentenced him to death, ordering him to indemnify the victim, Daisy Malbas, P50,000.00 as moral damages. The case for attempted rape was later dismissed. The information alleged that in November 1995, in Hilongos, Leyte, the accused, uncle of the victim, by means of force and intimidation, had carnal knowledge with 13-year-old Daisy Malbas against her will in a secluded area. At arraignment, accused-appellant pleaded not guilty. The prosecution presented Daisy Malbas, her cousin Salome Mendez, and Dr. Antonia Igana-Ladion. Daisy testified that in November 1995, while taking a short-cut trail through accused-appellant’s plantation on her way home from school, accused-appellant grabbed her, dragged her, removed her panties, and inserted his penis into her vagina, causing pain. He threatened to kill her and her father if she told anyone, so she kept silent. On February 26, 1996, while again taking the same route, accused-appellant attempted to rape her but was thwarted when Salome Mendez saw them and shouted. Daisy then revealed both incidents. Medical examination on March 14, 1996, revealed old hymenal lacerations consistent with the November 1995 rape. Accused-appellant denied the charges, claiming he was in his plantation in November 1995 and did not see Daisy, and that on February 26, 1996, he saw her pass by but did not rape her.

ISSUE

1. Whether the trial court erred in not finding that the complainant did not offer any resistance or vocal protestation against the alleged sexual assault.
2. Whether the trial court erred in convicting the accused of the crime charged.

RULING

The Supreme Court affirmed the conviction but modified the penalty and damages. The Court held that the complainant’s failure to offer vigorous physical resistance or loud vocal protest did not negate rape. As a 13-year-old, sexually inexperienced provincial lass, and with accused-appellant being her uncle, his physical and moral ascendancy was enough to cow her into submission. Different people react differently to traumatic situations, and it is unrealistic to expect uniform reactions from rape victims. The fact that Daisy continued to use the short-cut trail out of necessity (to return to school on time) and with fear, looking left and right, did not impair her credibility. The proximity of houses and the school to the crime scene did not make the rape improbable, as the area was secluded by dried banana leaves. The medical findings of old hymenal lacerations corroborated her testimony. The qualifying circumstance of relationship (uncle-niece) was alleged in the information and proven during trial, warranting the death penalty under the law. However, pursuant to prevailing jurisprudence, the penalty was reduced to reclusion perpetua. The Court increased the civil indemnity to P50,000.00 and moral damages to P50,000.00. The decision of the trial court was AFFIRMED with modifications.