It must be noted that the incidents occurred a year into the effectivity of R.A. No. 8353 abolishing
marital exemption in rape cases hence it is understandable that it was not yet known to a layman as
opposed to legal professionals like Prosecutor Tabique. In addition, fear of reprisal thru social
humiliation which is the common factor that deter rape victims from reporting the crime to the
authorities is more cumbersome in marital rape cases. This is in view of the popular yet outdated
belief that it is the wife's absolute obligation to submit to her husband's carnal desires. A husband
raping his own wife is often dismissed as a peculiar occurrence or trivialized as simple domestic
trouble.
Unfamiliarity with or lack of knowledge of the law criminalizing marital rape, the stigma and public
scrutiny that could have befallen KKK and her family had the intervention of police authorities or
even the neighbors been sought, are acceptable explanations for the failure or delay in reporting the
subject rape incidents.
The victim -S testimony on the
witness stand rendered
unnecessary the presentation of her
complaint-affidavit as evidence.
The failure of the prosecution to present KKK's complaint-affidavit for rape is not fatal in view of the
credible, candid and positive testimony of KKK on the witness stand. Testimonial evidence carries
more weight than the affidavit since it underwent the rudiments of a direct, cross, re-direct and recross examinations. Affidavits or statements taken ex parte are generally considered incomplete and
inaccurate. Thus, by nature, they are inferior to testimony given in court.152
Ill motive imputed to the victim
The ill motive, which the accused-appellant imputed to KKK, does not inspire belief as it is riddled
with loopholes generated by incongruent and flimsy evidence. The prosecution was able to establish
that the ₱3 Million deposit in the spouses' bank account was the proceeds of their loan from the
Bank of Philippine Islands (BPI). Exhibit J, which is a BPI ML instruction sheet dated October 31,
1996 in the amount of ₱3,149,840.63 is the same amount the accused-appellant claimed to have
entrusted to her wife. Although the accused-appellant denied being aware of such loan, he admitted
that approximately ₱3 Million was spent for the construction of their house. These pieces of
evidence effectively belie the accused appellant's allegation that KKK could not account for the
money deposited in the bank.153
Anent, KKK's alleged extra-marital affairs, the accused-appellant failed to explain how Bebs could be
his wife KKK when the letter-sender greeted Bebs a "happy birthday" on October 28 while KKK's
birthday is June 23. The accused-appellant also did not present Bebs herself, being a more
competent witness to the existence of the alleged love letters for KKK. He likewise failed, despite
promise to do so, to present the original copies of such love letters neither did he substantiate KKK's
supposed extra-marital affairs by presenting witnesses who could corroborate his claims. Further,
the Court finds it unbelievable that an able man would not have the temerity to confront his wife who
has fooled around with 10 men - some of whom he has even met. The accused-appellant's erratic
statements on the witness stand are inconsistent with the theory of extra-marital romance making it
reasonable to infer that he merely made up those malicious stories as a desperate ploy to extricate
himself out of this legal quandary.
At best, the basis of the alleged illicit affairs of KKK were the accused-appellant's unfounded
suspicions that hold no evidentiary weight in law and thus incompetent to destroy KKK's credibility
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