Decision
-9-
G.R. No. 228223
convincing and consistent manner. Without hesitation, AAA pointed an
accusing finger against Pendoy as the person who ravished and sexually
molested her. She credibly recounted how petitioner forced her to have sex
with him despite her refusal; that while she was washing clothes, Pendoy
suddenly appeared from her back, turned off the light, and forcibly pulled her
down and made her lie on the floor; that he pulled her short pants and panty
down to her knees; that she begged him to stop what he was doing, but he
simply ignored her plea; that Pendoy kissed her cheeks, neck and breasts; that
she was not able to resist petitioner's sexual advances because he held her
hands; that still unsatisfied, petitioner licked her vagina and inserted his finger
into it; and that thereafter, he mounted on her and inserted his penis into her
vagma.
Thus, We are convinced that Pendoy had employed force to subjugate
AAA'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. 14 AAA pleaded to Pendoy to desist from what he was
doing on her but no amount of begging subdued him. In People v. Quintos, 15
it was held that "sexual congress with a person who expressed her resistance
by words or deeds constitutes force; it is rape." In addition, it appears that
AAA later submitted to Pendoy'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 AAA's
consent to the sexual congress.
We note that AAA categorically stated several times (during her direct
examination and cross-examination, and even upon clarificatory questioning
of the trial court) that Pendoy forced his penis into her sexual organ despite
her protests. Her statements pertaining to the identity of Pendoy as her
violator and the perverse acts he visited upon her were straightforward,
definite and clear. She remained steadfast and never wavered on her claim
that Pendoy raped her, as she repeatedly (three times) recalled the harrowing
ordeal. Her simple narration evinces her sincerity and truthfulness.
In addition, AAA' s testimony was corroborated by the medical findings
of Dr. Pizarras who testified that when she conducted a physical examination
on the victim, she noted that the latter sustained a trauma or injury in the
genitalia which can be readily observed even without the use of any medical
instrument. According to Dr. Pizarras, the trauma and the redness in the
fourchette of AAA may have been caused by probable sexual abuse. It has
been said that "when the testimony of a rape victim is consistent with the
medical findings, sufficient basis exists to warrant a conclusion that the
essential requisite of carnal knowledge has thereby been established." 16 This
14
15
16
People v. Resto/es, 393 Phil. 413, 422 (2000).
746 Phil. 809, 828 (2014).
People v. Tormis, 595 Phil. 589, 603 (2008).
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