PEOPLE VS VIERNES

G.R. Nos. 136733-35. December 13, 2001

FACTS:
Catherine Linatoc, a minor who is 12 years old was raped by her stepfather, Eladio
Viernes, three times. The young girl confided the incident to her grandmother who
reported it to the police. The courts said that the testimony of the victim was clear,
positive and steadfast while the accuseds denial and alibi were unsubstantiated.

ISSUE:
Whether or not Viernes is entitled to the mitigating circumstance of voluntary
surrender

RULING:
No. Viernes is not entitled to the mitigating circumstance of voluntary
surrender.
The courts held that for the act of surrender to be voluntary, it must be
spontaneous. It must show unconditional surrender to authorities because of the
acknowledgment of guilt, or the intention of saving the authorities the trouble and
the expense that search and capture would require. Going to the police station to
clear his name does not show any intent of the accused to surrender unconditionally
to the authorities.

FULL TEXT
EN BANC
[G.R. Nos. 136733-35. December 13, 2001]
PEOPLE OF THE PHILIPPINES, appellee, vs. ELADIO VIERNES y ILDEFONSO, appellant.
DECISION
PANGANIBAN, J.:
Under the Rules of Court, a judgment of conviction in a criminal prosecution may be
modified only upon motion of the accused. As a rule, the prosecution is prohibited
from seeking, and the trial court from granting, a more severe penalty than that
imposed in the original decision. This is especially true in a case in which the new
and amended penalty imposed is death.
The Case
Before us is an appeal[1] from the April 6, 1998 Decision and the May 21, 1998
Order[2] of the Regional Trial Court (RTC) of Lipa City (Branch 12) in Criminal Case

Nos. 0532-97, 0533-97 and 0534-97. The assailed Decision convicted appellant of
two counts of rape and one count of attempted rape. It disposed as follows:
WHEREFORE, the Court finds the accused, ELADIO VIERNES y ILDEFONSO, guilty
beyond reasonable doubt in Crim. Case No. 0532-97 of the crime of Rape, as
defined and penalized under Article 335, par. 3 of the Revised Penal Code, as
amended by Republic Act No. 2532 and Republic Act No. 4111; in Crim. Case No.
0533-97 of the crime of Attempted Rape, as defined and penalized under Article
335, par. 3 in relation to Article 51 of the Revised Penal Code, as amended by
Republic Act No. 2532 and Republic Act No. 4111; and, in Crim. Case No. 0534-97 of
the crime of Rape, as defined and penalized under Article 335, par. 1 of the Revised
Penal Code, as amended by Republic Act No. 2532 and Republic Act No. 4111, and
sentences him, as follows:
1. CRIM. CASE NO. 0532-97 to suffer the penalty of RECLUSION PERPETUA, to
indemnify Catherine Linatoc in the amount of P50,000.00, to pay P10,000 as moral
damages pursuant to Article 2219 (3) of the Civil Code, as well as exemplary
damages in the amount of P5,000.00 pursuant to Article 2229 of the same Code and
the costs of this suit;
2. CRIM. CASE NO. 0533-97 to suffer an indeterminate penalty of FOUR (4) YEARS,
TWO (2) MONTHS and ONE (1) DAY of Prision Correccional, as Minimum, to EIGHT (8)
YEARS and ONE (1) DAY of Prision Mayor, as Maximum, to indemnify Catherine
Linatoc in the amount of P25,000.00, and to pay the costs of this suit; and
3. CRIM. CASE NO. 0534-97 to suffer the penalty of RECLUSION PERPETUA, to
indemnify Catherine Linatoc in the amount of P50,000.00, to pay P10,000.00 as
moral damages pursuant to Article 2219 (3) of the Civil Code, as well as exemplary
damages in the amount of P5,000.00 pursuant to Article 2229 of the same Code and
the costs of this suit.[3]
On the other hand, the assailed Order increased the penalties as follows:
WHEREFORE, the Court finds the accused, ELADIO VIERNES y ILDEFONSO, guilty
beyond reasonable doubt in Crim. Case No. 0532-97 of the crime of Rape, as
defined and penalized under Article 335, par. 3 of the Revised Penal Code, as
amended by Republic Act No. 7659; in Crim. Case No. 0533 of the crime of
Attempted Rape, as defined and penalized under Article 335, par. 3 in relation to
Article 51 of the Revised Penal Code, as amended by Republic Act No. 7659, and in
Crim. Case No. 0534-97 of the crime of Rape, as defined and penalized under Article
335, par. 1 of the Revised Penal Code, as amended by Republic Act No. 7659, and
sentences him, as follows:
1. CRIM. CASE NO. 0532-97 to suffer the penalty of DEATH, to indemnify CATHERINE
LINATOC in the amount of P50,000.00, to pay P10,000 as moral damages pursuant
to Article 2219 (3) of the Civil Code, as well as exemplary damages in the amount of
P5,000.00 pursuant to Article 2229 of the same Code and the costs of this suit;
2. CRIM. CASE NO. 0533-97 to suffer an indeterminate penalty of TEN (10) YEARS
and ONE (1) DAY of Prision Mayor, as Minimum, to FOURTEEN (14) YEARS, EIGHT (8)

MONTHS and ONE (1) DAY of Reclusion Temporal, as Maximum, to indemnify

Catherine Linatoc in the amount of P25,000.00 and to pay the costs of this suit; and
3. CRIM. CASE NO. 0534[-97] to suffer the penalty of DEATH, to indemnify Catherine
Linatoc in the amount of P50,000.00, to pay P10,000.00, as moral damages
pursuant to Article 2219 (3) of the Civil Code, the amount of P5,000.00, as
exemplary damages, pursuant to Article 2229 of the same Code and the costs of
this suit.[4]
Three criminal Complaints, all dated August 21, 1997, were filed by Catherine
Linatoc (assisted by her mother Lina Dela Cruz-Linatoc) before Second Assistant
City Prosecutor Danilo S. Sandoval. The Complaint in Criminal Case No. 0532-97
charged appellant with rape committed as follows:
That on or about the 29th day of September, 1996 at about 10:00 oclock in the
morning at Barangay Tibig, Lipa City, Philippines and within the jurisdiction of this
Honorable Court, the above-named accused, being then the common law husband
of the mother of the victim, did then and there willfully, unlawfully and feloniously,
by means of force and intimidation have carnal knowledge of the undersigned
complainant who is a minor below 12 years old, against her will and consent to her
damage and prejudice in such amount as may be awarded to her under the
provision of the Civil Code.[5]
The Complaint in Crim. Case No. 0534-97 likewise charged him with consummated
rape:
That on or about the 18th day of August 1997 at about 12:00 oclock noon, at
Barangay Tibig, Lipa City, Philippines and within the jurisdiction of this Honorable
Court, the above-named accused, being then the common law husband of the
mother of the victim, did then and there wilfully, unlawfully and feloniously, by
means of force and intimidation have carnal knowledge of the undersigned
complainant who is a minor of 12 years old against her will and consent to her
damage and prejudice in such amount as may be awarded to her under provisions
of the Civil Code.[6]
Finally, in Criminal Case No. 0533-97, appellant was charged with attempted rape:
That on or about the month of March 1997, around noon time, at Barangay Tibi, Lipa
City, Philippines and within the jurisdiction of this Honorable Court, the abovenamed accused, being then the common law husband of the mother of the victim,
by means of force and intimidation and with lewd design pursuant to his carnal
desire, did then and there willfully, unlawfully and feloniously commence the
commission of the felony of rape directly by overt acts against the undersigned
complainant who is a minor below 12 years old, by then and there undressing her
and going on top of her with his exposed private organ but did not perform all the
acts of execution which should have produced the said felony because the
undersigned offended party resisted.[7]

Criminal Case Nos. 0532-97 and 0534-97 were raffled to the Regional Trial Court of
Lipa City, Branch 12; and Criminal Case No. 0533-97, to Branch 85 of the same
court. Later, all the cases were consolidated in Branch 12.[8]
On arraignment, appellant pleaded not guilty.[9] After trial in due course, the lower
court rendered the assailed Decision.
In a Motion for Reconsideration dated May 18, 1998, Prosecutor Sandoval asked that
the imposed penalties be increased pursuant to Republic Act (RA) No. 7659. The RTC
granted the Motion via the assailed Order.
The Facts
Version of the Prosecution
In its Brief,[10] the Office of the Solicitor General presents the following narration of
facts:
Catherine Linatoc stood quietly by the door of the toilet of appellants her mothers
common-law husband house. Her skirts hemlines were slowly falling to her knees
vainly covering the panty that were pulled down mid-way her lower legs. This was
the third of a series of dismaying sex that she and appellant had been through. Like
the others before this one, there was by appellant much pulling, shoving and
forcible grasping of her hands, thus rendering her immobile for three minutes or so.
The third rape happened in appellants house in Tibig, Lipa City, around noontime of
August 18, 1997. Appellant then bidded [sic] the two brothers and a step-brother of
Catherine Linatoc to clean the his tricycle, which was parked on the side of the
street across his house. They followed his order. Appellant also instructed Catherine
Linatoc to fetch water for the house toilet. She obliged, returning with two pails of it.
She deposited them by the door of the toilet. Turning about, Catherine Linatoc was
surprised to find appellant behind her. In quick succession, appellant pushed her to
the wall, pulled her skirts up, drag her panty mid-way her lower leg, and rushed his
own pants down. Grasping her hands tightly with one hand, appellant began
inserting his penis into her vagina. She resisted to no avail. His penis established a
comfortable slide into and out of her [organ], as the pace quickened for about three
minutes. The gyration was furious. After appellant spurted out, he backed off and
left saying nothing.
Frightened and crying, Catherine Linatoc went to her great-grandmothers abode in
San Guillermo, Lipa City. She reported the incident to this elder, and recounted
some more. Catherine Linatoc told her great-grandmother of two other acts of
sexual abuse by appellant. The first one, she narrated, happened on September 29,
1996, about ten in the morning[;] and the second, on March 1997 around noontime.
The first rape happened on September 29, 1996 in appellants house. Catherine
Linatoc was on the ground floor of the house when so suddenly appellant sprung
from wherever he was, grabbed and carried her to the second floor. The second
floor was just three steps from the ground floor. He then undressed her, taking off
her sando, skirt and panty. He undressed himself too, and then floored both their

bodies, [his] on top of her. He caressed her breasts and started inserting his penis
into her vagina. Appellant held her hands tightly and fought off her struggle. There
was push and pull for about three minutes, then appellant came through. Appellant
dressed up, and before walking away, apologized to her. It would be the first and
last rape, he said.
There was soon the second sexual abuse. In March 1997, about noontime, using the
same strategy as he did in the [first] rape, appellant unburdened himself on
Catherine Linatoc. From nowhere, appellant appeared. He dragged her to the
second floor where he undressed her and himself. He mightily threw her to the floor,
his sweaty body covering hers. Appellant engaged in the now familiar gyration once
again. This time, however his penis landed on the thighs of the victim as insertion,
because of her struggle and vaginas virginal qualities, became frustratingly difficult.
Between her thighs appellant thrusted his penis. He satisfied himself just the same.
The great-grandmother was helpless to remedy the abuse done to Catherine
Linatoc. They waited for the father of Catherine Linatoc, Orlando Linatoc, who
arrived four days later. The mother of Catherine Linatoc, Lina Viernes, also arrived.
Catherine Linatoc had her medico-legal examination with these results.:
x x x lacerated hymen on the 3:00 and 9:00 oclock positions with small amounts of
whitish discharge.
The medico-legal examination was performed by Dr. Helen S. Dy. The present
criminal complaints against appellant were thereafter filed.[11]
Version of the Defense
Appellant denies the charges against him. Claiming to have been elsewhere at the
time of the commission of the alleged crimes, he submits the following
counterstatement of the facts:
1) ELADIO, at the lower court, stated that he is the common law husband of Lina de
la Cruz-Linatoc (mother of the alleged victim Catherine Linatoc). He is a security
guard and at the same time, a tricycle driver. On September 29, 1996 he was living
with Lina, together with Catherine, his two sons and other relatives. On September
28, 1996 he scolded Catherine. As a consequence thereof, Catherine went to the
house of her great grandmother and stayed therein even beyond September 29,
1996. Therefore, it is impossible for him (ELADIO) to have attacked Catherine
sexually on September 29, 1996. It is not true that he attempted to rape Catherine
in March of 1997 because he was on duty at that time. Their company logbook will
bear witness thereto. (Exhibit 2, Original Records) On August 18, 1997 it is not true
that he raped Catherine since he was plying his tricyle then. (TSN, pp. 2-13,
December 11, 1997; and pp. 2-22, January 8, 1998)
2) Lina de la Cruz at the Court below, testified that she confirms claim/s [sic] of
ELADIO that Catherine was no longer in their house on September 29, 1996 and
that ELADIO could not have abused Catherine sexually. Catherines charge for March
1997 and August 18, 1997 were not also true. (TSN, pp. 2-7, February 3, 1998).

xxxxxxxxx
D. Sur-Rebuttal Evidence.
ELADIO, as a sur-rebuttal witness, denied to have asked the settlement of the case.
[12]
Ruling of the Trial Court
The court a quo held that the testimony of Catherine Linatoc -- both on direct and
on cross-examination -- was clear, positive and steadfast. Corroborated by the
medicolegal examination conducted on her, it was replete with details that jibed on
material points. The prosecution successfully proved that she was the daughter of
appellants common-law wife and that, at the time of the crime, she was 12 years
old.
The declarations of complainant were accorded full faith and credence on the theory
that she would not publicly acknowledge the defilement of her virtue or subject
herself to public humiliation, if her purpose was not to obtain justice for the wrong
committed. There is no evidence that she was a woman of loose morals or that she
had any ill motive to falsely accuse appellant.
On the other hand, appellants denial and alibi were unsubstantiated and selfserving; hence, they deserve no weight in law. They cannot stand against
Catherines positive testimony.
In the assailed Order, the trial court noted that the prosecutions Motion was
unopposed. It ruled that the increase in the penalty did not place appellant in
double jeopardy.
Hence, this appeal.[13]
The Issues
In his Brief,[14] appellant raises this sole alleged error:
The lower court has committed an error in convicting the accused-appellant of the
crimes charged and on meting out on him the supreme penalty of death, more
particularly in Criminal Cases Nos. 0532-97 and 0534-97.
An appeal from a criminal conviction, especially one involving the death penalty,
throws the whole case open for review. Thus, it becomes the duty of the reviewing
court to correct any error in the appealed judgment, whether or not it is made the
subject of an assignment of error.[15] In this light, the Court believes that a second
issue needs to be taken up, namely:
Whether the trial court erred in increasing the penalties via the assailed Order.
This Courts Ruling

The trial court was correct in convicting appellant in accordance with the challenged
Decision, but was wrong in imposing the new penalties through the assailed Order.
First Issue: Appellants Culpability
After a thorough review of the pleadings, the transcripts of stenographic notes and
other records of the case, we are convinced that the court a quo did not err in giving
credence to the testimonies of the victim and the other prosecution witnesses. The
testimony of private complainant, detailing how she was abused by appellant on
two separate occasions and how he tried to rape her once more, was clear and
convincing. We quote at length:
Q While you were in your house on that date, September 29, 1996, 10:00 oclock in
the morning, do you remember of any unusual incident that transpired if any?
A Yes, sir.
Q What was that unusual incident that transpired?
A After my mother left, I was pulled sir.
Q By whom, who pulled you?
A My step father, sir.
Q Where were you brought, towards what direction?
A Towards the second floor of our house and to the place where we sleep, sir.
Q By the way, that house where you were living in Brgy. Tibig, Lipa City on that date
September 29, 1996, what kind of house is that?
A It is made of Sawali, sir.
Q How about the flooring, how many floors does it have?
A Three (3) steps sir.
Q What do you mean by three (3) steps?
A Our stairs is made of three (3) steps, sir.
Court:
From the ground floor?
A Yes, sir.
Q What is located after going this stairs composed of three (3) steps?

A That is the place where we sleep sir.

Q After you [were] pulled upstairs to where you usually sleep by Eladio Viernes,
what did Eladio Viernes do to you after reaching that upper portion of your house, if
he did anything?
Atty. Dimaandal
Leading your Honor.
Court
Answer.
A He undressed me sir.
Q What were you wearing that Eladio Viernes took of[f] from your body?
A I was wearing a skirt which was my uniform sir.
Q What else I[f] any were taken of[f] from your body by Eladio Viernes?
A My blouse, sando and my skirt and my panty sir.
Q After Eladio Viernes took of[f] your clothing, after removing your clothing what did
Eladio Viernes do on your body?
A He placed himself on top of me.
Q When Eladio Viernes placed himself on top of you, what was he wearing if any?
A None sir.
Q By the way, when Eladio Viernes pulled you to where you usually sleep, what was
his wearing at that time?
A He was wearing pants, sir.
Q You said that after Eladio Viernes took of[f] all your clothing he went on top of you
you said he was already naked, what did he do with hi[s] pants before he went on
top of you?
A He mashed [m]y breast sir.
Q What else did he do [to] you aside from mashing your breast?
A He inserted his penis into my vagina.
Q By the way, while he was mashing your breast, what were you doing if you did
anything?

A I was fighting him back sir.

Q What did Eladio Viernes do when you fought him back while he was mashing your
breast?
A He was slapping me sir.
Q When he inserted his penis into your vagina, what did you feel?
A Painful, sir.
Q Was Eladio Viernes able to actually insert his penis[?]
Atty. Dimaandal
Leading your honor.
Q After Eladio Viernes inserted his private organ into your private organ, what else
did he do if anything more?
A He did pumping motion, sir.
Q For how long did he do this pumping motion, while his penis was inside your
vagina?
A About three (3) minutes sir.
Q After three (3) minutes when Eladio Viernes did this pumping motion while his
penis was inside your vagina, what else did he do if he did anything more?
A He removed his private organ sir.[16]
We also quote the testimony of the victim regarding appellants attempt to rape her:
Q When was the second time, after September 26, 1996?
A In May 1997 but I do not remember the exact date sir.
Q Are you sure about the date?
Atty. Dimaandal
That is the answer of the witness.
Prosecutor
Thats why I am asking, are you sure about the date?
A May 19, 1997 sir.

Q By the way, in [the] second incident [where] Eladio Viernes according to you
raped you again, where did this happen?
A At Barangay Tibig, Lipa City.
Q In what particular place in Bgy. Tibig were you raped for the second time by Eladio
Viernes?
A In the upper portion of our house at the place where we are sleeping sir.
Q The same place where the second rape was committed?
A Yes, sir.
Q Around what time did this happen, this second rape happened?
Atty. Dimaandal
We make it of record that the witness cannot answer.
Prosecutor
The witness is thinking . . .
A Noontime sir.
Q How did this happen?
A He again pulled me sir.
Q By the way on that second occasion, where was your mother?
A She was working sir.
Q You said that you were again pulled, where were you brought by Eladio Viernes at
the same time around?
A The upper portion of our house and at the place where we were sleeping sir.
Q After you were pulled by Eladio Viernes, what did Eladio Viernes do to you?
A He undressed me sir.
Q What kind of wearing apparel that you were wearing that were taken off by Eladio
Viernes on that same occasion?
A I was wearing a skirt sir.

Q After you were undressed by Eladio Viernes what did Eladio Viernes do to you if he
did anything?
A He again placed himself on top of me sir.
Q What was he wearing he placed himself on top of you if he was wearing anything?
A He was wearing pants sir.
Q When he placed himself on top of you, where was his pants?
A He removed pants sir.
Q When Eladio Viernes went on top of you, what did you [sic] do if he anything more
on the second time around?
A He again mashed my breast sir.
Q What did you do when Eladio Viernes again mashed your breast?
A I was fighting him back sir.
Q What else did he do aside from mashing your breast, what did Eladio Viernes do
to you?
A He was inserting his penis into my vagina sir.
Q When Eladio Viernes was inserting his penis into your vagina, what did you do?
A I was struggling sir.
Q When you struggled, what happened to that effort of Eladio Viernes to insert his
penis into your vagina?
A It was not inserted sir.
Q What did Eladio Viernes do when he failed to insert his penis into your vagina?
A He just placed it between my thighs sir.
Q After placing his penis between your thighs, what else did Eladio Viernes do if he
did anything?
Atty. Dimaandal
May we interrupt . . That after translations the answer of this witness. He just place
on my thigh, there was no vagina [sic].
Q You said that Eladio Viernes placed his penis in your thighs, in what particular part
of your thighs?

Atty. Dimaandal
Leading
Court
Answer.
Interpreter
Witness pointing to the inner portion of her two thighs
Q What did Viernes do after he put his penis between the inner portion of your two
thighs?
A [H]e placed his penis between my thighs and he again did the pumping motion sir.
[17]
Pertinent portions of the testimony of complainant regarding her second defilement
in the hands of appellant read as follows:
Q Miss Witness, on August 18, 1997 around 12:00 noon where were you?
A I was at home sir.
Q What were you doing?
A I just arrived from school sir.
Q You said that you were in your house, where was this house located on that date,
August 18, 1997?
A At Barangay Tibig sir.
Q You said that you had just arrived from school, when you arrived in your house in
Brgy. Tibig, Lipa City on August 18, 1997 around 12 noon, whom did you meet in
your house if you met anybody there?
A My step father sir.
Q Meaning Eladio Viernes?
A Yes sir.
Q Seeing Eladio Viernes in your house on that date August 18, 1997 around 12
noon, what did he do if he did anything upon seeing him or meeting you?
A He instructed our companions in the house to clean the motor tricycle sir.

Q After instructing your companions in your house to clean the motor tricycle, what
else did Eladio Viernes do, if he did anything more?
A He asked me to fetch two (2) containers of water sir.
Q By the way, these your companions of your house, [sic] who where given the
instruction by Eladio Viernes to clean the motor tricycle, who are these companions
[sic] of your house?
A My two brothers and one step brother, sir.
Q How old were these two brothers of yours and your one step brother who were
given the instruction by Eladio Viernes to clean the motor tricycle?
A My step brother was 12 years old; my two brothers were six and 5 years old sir.
Q How far was this tricycle from your house?
A Near the street sir.
Q Around how many meters if you can calculate was this tricycle from your house or
can you point distance from the place where you are sitting now to any place inside
the court room?
Interpreter
Witness pointing to the railings inside the Court room as their house and the witness
pointed to the western wall of the court room as the place where the tricycle was to
be around 7 meters sir.
Q What did your two (2) brothers and one (1) step brother do if they did anything
more upon receiving the instruction from your step father Eladio Viernes to clean
the motor tricycle?
A They followed the instruction of my step father to clean the tricycle sir.
Q How about you when you were instructed by your step father to fetch two (2)
containers of water, what did you do?
A I brought the water near the comfort room sir.
Q After you brought the two (2) containers of water to the place were you said a
while ago, what did Eladio Viernes do to you if he did anything?
A He followed me sir.
Q After Eladio Viernes followed you, what did he do [to] you if he did anything?
A I was frightened sir.

Q Why?
Atty. Dimaandal
Not responsive your honor. I move to strike out the answer of the witness.
Court
Continue.
Q Why did you get frightened?
A Because I felt that he will repeat the same thing sir.
Q What do you mean repeat the same thing?
A He will again repeat raping me sir.
Q When you got frightened, what did you do?
A I tried to struggle sir.
Q Why did you struggle, what was Eladio Viernes doing [to] you?
A He pulled up my skirt and when I was trying to go out from the comfort room he
was stopping me from going out sir.
Q What happened to your struggle, to free from the hold of Eladio Viernes when you
were inside the comfort room?
A I could not go out [o]f the comfort room because I was held by my step father sir.
Q After Eladio Viernes pulled up your skirt, what did he do with you if he did
anything more?
A He pulled down my panty sir.
Q Up to what portion was that panty of yours pulled down?
Interpreter
Witness pointing to her ankle
Q After Eladio Viernes pulled down your panty up to your ankle, what did he do to
you?
A He was inserting his penis into my vagina, sir.
Q What was your position in relation to Eladio Viernes when he was inserting his
penis into your vagina?

A I was standing sir.

Q How about Eladio Viernes, where was he in relation to you while he was inserting
his penis into your vagina?
A He was at my back sir.
Q What happened to this effort of Eladio Viernes in trying to insert his private organ
into your private organ?
A It was inserted sir.
Q You said that you were standing, what was the form or what was the position of
your body aside from the fact that you were standing when Eladio Viernes was able
to insert his penis into your vagina while he was at your back?
A I was standing and I was struggling sir.
Q When Eladio Viernes was actually able to insert his penis into your vagina, what
was the position of your body aside from the fact that you were standing?
A I was standing with my knees bent sir.
Q After Eladio Viernes was able to insert his penis into your vagina while you are in
a standing position, how long was his penis inside your vagina?
A About three (3) minutes sir.[18]
Catherine impressed the trial court as a decent woman [who has] not been shown
to be of loose morals or one who goes out with different men any time of the day or
night.[19] A rape victim who testifies in a categorical, straightforward, spontaneous
and frank manner -- and remains consistent -- is a credible witness.[20] It is wellentrenched that the trial court is in the best position to assess the credibility of
witnesses and their testimonies because of its unique opportunity to observe them
firsthand and to note their demeanor, conduct and attitude on the stand.[21] In the
absence of any showing that its assessment is flawed, an appellate tribunal is
bound by it.
Despite the tender age of complainant, her accounts on direct and crossexamination were replete with details that jibed on material points.[22] Considering
her young age, it would have been highly improbable for her to fabricate a charge
so humiliating to her and her family, had she not been truly subjected to the painful
experience of sexual abuse.[23]
The moral ascendancy of appellant as the common-law husband of complainants
mother takes the place of force and intimidation as an element of rape,[24]
although the presence of such element is apparent from Catherines testimony.
Alibi and Corroboration

Appellant denies having raped Catherine on September 29, 1996, claiming she was
at her grandmothers house in San Guillermo, while he was outside his house
digging a toilet pit. Allegedly, in March 1997, he was on duty as a security guard at
the Smart Tower; and on August 18, 1997, he was busy the whole day plying his
tricycle route.
The trial court correctly disbelieved his alibi. Alibi and denial, if unsubstantiated by
clear and convincing evidence, are negative and self-serving evidence that deserve
no weight in law. They cannot be given greater evidentiary value over a credible
witness testimony on affirmative matters.[25] Except for Lina Linatocs
corroboration, the only evidence supporting the alibi and denial of appellant is his
own say-so. And Lina happens to be his common-law wife; thus, her testimony is
necessarily suspect and cannot prevail over the testimonies of more credible
witnesses.[26] Negative testimony cannot prevail over the offended partys positive
identification of the accused as her rapist.[27]
Finally, for alibi to prosper, it must be shown that the accused was in another place
at the time the crime was committed, and that it would have been physically
impossible for him to be at the scene of the crime at the time it was committed.[28]
Such physical impossibility was not proven in the present case. The Smart Tower
where appellant worked as a security guard was located also in Barangay Tibig, Lipa
City, and was only a thirty-minute walk from his house. The tricycle station, on the
other hand, was only 1000 meters away. Note that he had a motorized tricycle at his
disposal. His alibi, therefore, is unworthy of credence.
Attempt to Settle the Case
Appellant strongly denies the prosecutions assertion that he attempted to settle the
case with complainants family.
We remain unconvinced. Instead, we concur with the finding of the RTC that the
letter dated November 25, 1997 -- addressed to Orlando and Catherine Linatoc,
signed by appellant and delivered by Lina Linatoc -- was admissible evidence
against appellant. Perusal of the letter reveals that he attempted to bribe Orlando
with P150,000 or a house and lot and a promise of an additional P100,000 in
exchange for dropping the charges against him.[29] Under Section 27, Rule 130 of
the Rules of Court, an offer of compromise by the accused may be received in
evidence as an implied admission of guilt.
Voluntary Surrender
Appellant pleads for leniency on account of his alleged voluntary surrender.
We disagree. The act of surrender must be spontaneous, accompanied by an
acknowledgment of guilt, or an intention to save the authorities the trouble and the
expense that search and capture would require.[30] Going to the police station to
clear his name does not show any intent of appellant to surrender unconditionally to
the authorities.[31]

Medicolegal Officers Testimony

Appellant avers that the medicolegal officer who examined complainant admitted
being unsure of her findings.
We disagree with the assessment by appellant of the testimony of the medicolegal
officer. However, even if we discount the testimony of the latter, complainants
testimony by itself can sustain the formers conviction. Medical examination is not
an indispensable requirement, and its absence does not affect the verdict of
conviction, if sufficient evidence is presented to prove the crime charged.[32] When
a rape complainant, especially one of tender age like Catherine, says that she has
been raped, she in effect says all that is necessary to show that she has indeed
been raped.
Civil Indemnity and Moral Damages
The Solicitor General takes issue with the damages awarded by the RTC. In the
assailed Order, it ordered appellant to pay P50,000 in civil indemnity, P10,000 in
moral damages and P5,000 in exemplary damages for every count of consummated
rape; and P25,000 in civil indemnity for the attempted rape.
Recent jurisprudence has increased the indemnification for the victim in a case of
consummated rape to P75,000 if the crime was committed with, or effectively
qualified by, any of the circumstances under which the death penalty is authorized
by the applicable amendatory laws.[33] Moral damages are pegged at P50,000
without further need of pleading or proof.
Exemplary damages, on the other hand, are granted when an aggravating
circumstance, which is not offset by a mitigating circumstance, attended the
commission of the crime. In several cases, the relationship between the appellant
and the rape victim justifies the award of exemplary damages, as in this case.[34]
Second Issue: Modification of Penalties
One day after the promulgation of the April 6, 1998 Decision, the prosecution filed a
Motion for Reconsideration seeking the imposition of the death penalty on appellant
for the two cases of consummated rape and reclusion temporal for the attempted
rape, in accordance with Section 11 of RA 7659. The prosecution argued that the
Motion would not place appellant in double jeopardy, because what is sought is just
the imposition of the proper penalty as provided by law.[35] The trial court
concurred with the prosecution and granted the Motion in the assailed Order, saying
that the Motion was unopposed and that there was no violation of appellants right
against double jeopardy.[36]
We disagree. Conflicting decisions rendered over the years both allowing the
prosecution to seek the reconsideration of a conviction and prohibiting it therefrom
necessitate a review of the rule on the modification of judgments of conviction.
Early on, in People v. Ang Cho Kio,[37] the Court, citing Article 2 of Rule 118 of the
pre-1964 Rules of Court, held that the prosecution cannot move to increase the
penalty imposed in a promulgated judgment. Reopening the case for the purpose of

increasing the penalty as sought by the government would place the accused in
double jeopardy. This ruling was followed in People v. Pomeroy[38] and People v.
Ruiz.[39]
The 1964 amendment of the Rules, however, allowed the fiscal to move for the
modification or the setting aside of the judgment before it became final or an
appeal was perfected.[40] Under this amendment, a judgment acquired finality and
the trial court lost jurisdiction only in the following cases: (1) after the 15-day period
to appeal lapsed,[41] (2) when the defendant voluntarily submitted to the execution
of judgment, (3) when the defendant perfected the appeal,[42] (4) when the
accused withdrew the appeal, (5) when the accused expressly waived in writing the
right to appeal,[43] and (6) when the accused filed a petition for probation.[44]
Under this amendment, the trial court had plenary power to alter or revise its
judgment in accordance with the requirements of law and justice.
In 1985, Section 7 of Rule 120 was amended to include the phrase upon motion of
the accused effectively resurrecting the Ang Cho Kio ruling prohibiting the
prosecution from seeking a modification of a judgment of conviction.[45] As
amended, the provision was worded as follows:
SEC. 7. Modification of judgment. A judgment of conviction may, upon motion of the
accused, be modified or set aside by the court rendering it before the judgment has
become final or appeal has been perfected. A judgment in a criminal case becomes
final after the lapse of the period for perfecting an appeal, or when the sentence
has been partially or totally satisfied or served, or the accused has expressly waived
in writing his right to appeal, or the accused has applied for probation.
Under this Rule, a judgment of conviction, before it became final, could be modified
or set aside upon motion of the accused.[46] It obviously aims to protect the
accused from being put anew to defend himself from more serious offenses or
penalties which the prosecution or the court may have overlooked in the original
trial. It does not however bar him from seeking or receiving more favorable
modifications.
Significantly, the present Rules, as amended last year, retained the phrase upon
motion of the accused, as follows:
SEC. 7. Modification of judgment. A judgment of conviction may, upon motion of the
accused, be modified or set aside before it becomes final or before appeal is
perfected. Except where the death penalty is imposed, a judgment becomes final
after the lapse of the period for perfecting an appeal, or when the sentence has
been partially or totally satisfied or served, or when the accused has waived in
writing his right to appeal, or has applied for probation.
Therefore, the assailed Order is erroneous and reversible. The trial court cannot
increase the penalties without the consent of the accused.
We close this Decision with an exhortation to the defense counsel to be more
circumspect in defending appellant and others similarly situated. Counsel should
have immediately objected to the Motion for Reconsideration in the trial court.

Because of this failure to take exception, the RTC judge meekly granted the relief
prayed for and condemned the accused, inter alia, to two death sentences.
Before this Court, counsel was again caught flat-footed by not raising the erroneous
basis of the assailed Order. We cannot disregard such serious lapse. We urge
counsel, as well as all the members of the bench and the bar, to be more vigilant in
protecting the rights of the accused -- especially those in jeopardy of the death
penalty -- and to keep abreast of legal developments. Indeed, the learning process
in law never ceases.[47] Utmost dedication to duty and excellence is expected of
every lawyer.
WHEREFORE, the appeal is hereby PARTIALLY GRANTED. The assailed Order is
ANNULLED and SET ASIDE, while the assailed Decision is AFFIRMED and REINSTATED
with the MODIFICATION that the awards of moral damages are increased to P50,000
and those for exemplary damages to P25,000 for each consummated rape, pursuant
to current jurisprudence.[48]
SO ORDERED.
Davide, Jr., C.J., Bellosillo, Melo, Vitug, Kapunan, Mendoza, Quisumbing, Pardo,
Ynares-Santiago, De Leon, Jr., Sandoval-Gutierrez, and Carpio, JJ., concur.
Puno, and Buena, JJ., abroad on official business.