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Decision - 10 - G.R. No. 228223 testimony of Dr. Pizarras strengthens even more the claim of rape by AAA against Pendoy. Worth noting too is the fact that there is no evidence or even a slightest indication that AAA was actuated by any dubious reason or impelled by improper motive to testify falsely against Pendoy or implicate him in such a serious offense. Also, the fact that AAA resolved to face the ordeal and related in public what she suffered evinces that she did so to obtain justice and to vindicate the outrageous wrong done to her person, honor and dignity. AAA' s natural interest in securing the conviction of the perpetrator would strongly deter her from implicating a person other than the real culprit. Still, Pendoy wants Us to undo his conv1ct10n. In his attempt at exculpation, he contends that AAA's testimony was neither credible nor consistent with human nature as she could have easily shouted during the alleged rape incident or resist the alleged sexual advances by kicking him, but she did not do so. Pendoy tries to interject reasonable doubt by arguing that even assuming that he and AAA had sexual intercourse, the same was consensual. His arguments are specious. Failure of the victim to shout for help does not negate rape. 17 Failure to cry for help or attempt to escape during the rape is not fatal to the charge. It is enough if the prosecution had proven that force or intimidation concurred in the commission of the crime as in this case. The law does not impose upon a rape victim the burden of proving resistance. 18 After all, resistance is not an element of rape, neither is it necessary to convict an accused. In any event, the workings of the human mind placed under emotional stress are unpredictable such that different people react differently to a given situation or type of situation and there is no standard form of behavioral response when one is confronted with a strange or startling or frightful experience. 19 Anent petitioner's theory that the sexual intercourse was consensual, suffice it to state that the same is not substantiated by any evidence and thus, it deserves scant consideration. Nowhere in records does it show that AAA had an extramarital affair with Pendoy nor was there any proof that she was attracted to him enough to consent and willingly give in to the bestial desires of the latter. AAA's failure to shout or offer tenacious resistance cannot be construed as a voluntary submission to the culprit's desires. 20 It cannot be considered as an implied consent to the sexual act. AAA's conduct after the sexual molestation, as if nothing happened, is not enough to discredit her. Victims of a crime as heinous as rape, cannot be 17 IR 19 20 People v. Barcelona, 382 Phil. 46, 54 (2000). People v. Dusohan, 297 Phil. I 020, I 024 (1993). People v. Silvano, 368 Phil. 676, 704 ( 1999). People v. Talaboc, 326 Phil. 451, 461 ( 1996). ti!

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Pendoy v. CA

Jurisprudence

Case number: G.R. No. 228223

Division: PH Supreme Court Third Division

Date of decision: Jun 10, 2019

Year of decision: 2019

GBV Case Type

Acts of lasciviousness
Child Abuse (R.A. 7610)
Child Rape
Minor
Rape

Nature of the case: The victim, a sixteen (16)-year-old minor who is the househelp of the accused was sexually molested by the accused by means of inserting his finger to the genitalia of the victim and, thereafter, place himself on top of her and insert his genitalia to the victim's, thereby succeeding in having carnal knowledge with the said victim without her consent and against her will in Baclayon, Bohol. The accused on the other hand, posited that the prosecution evidence failed to overcome his constitutional presumption of innocence. He maintains that the prosecution failed to establish that force, threat or intimidation was exerted upon the victim in the alleged commission of the sexual congress with the latter. The Court is convinced that the accused had employed force to subjugate victim’s will. It bears stressing that force need not be irresistible or of such character that it could not be repelled; all that is necessary is that the force used by the accused is sufficient to consummate his evil purpose, or that it was successfully used. It appears that victim later submitted to the accused’s lust out of fear of him because she earlier learned from a neighbor that he had killed someone in the past. She just cried silently. Indeed, the prosecution had amply proved the absence of victim’s consent to the sexual congress. Hence, the accused is convicted for the crimes of Rape and Lascivious Conduct under Section 5(b) of R.A. No. 7610.

Summary of outcome: He is sentenced to suffer the following, viz:

For Rape: he is sentenced to suffer the penalty of Reclusion Perpetua and ordered to pay the victim the amounts of P75,000.00 as civil indemnity, P75,000.00 as moral damages and P75,000.00 by way of exemplary damages; and

For Lascivious Conduct: he is sentenced to suffer the indeterminate penalty of fourteen (14) years and eight (8) months of reclusion temporal, as minimum, to seventeen (17) years, four (4) months and one (1) day of reclusion temporal, as maximum and ordered to pay the victim the amounts of P50,000.00 as civil indemnity, P50,000.00 as moral damages and P50,000.00 as exemplary damages. All damages awarded shall be subject to interest at the rate of six percent (6%) per annum from the finality of the Decision until its full satisfaction

Observatory: Gender-Based Violence

Ponente: PERALTA, J.:

Long title: ROEL PENDOY Y POSADAS, PETITIONER, VS. HON. COURT OF APPEALS (18TH DIVISION) - CEBU CITY; THE HON. DIONISIO CALIBO, JR., PRESIDING JUDGE OF BRANCH 50, REGIONAL TRIAL COURT OF LOAY, BOHOL; AND THE PEOPLE OF THE PHILIPPINES, RESPONDENTS.DECISION

Geolocation 1

Latitude: 9.622385

Longitude: 123.913491

: Geolocation 1

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Pendoy v. CA

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