016. People v.

Travero
People of the Philippines v. Rochel Travero
July 28, 1997
Francisco , J.
Recit-Ready Version:
Travero was convicted of raping Agnes Cuba, a 13-year-old girl. His main defense was that Cubas testimony
was not credible and that she in fact consented to the sexual act.
As to the credibility of the testimony, the inconsistencies pointed out by Travero were inconsequencial to the
essential act that the sexual congress occurred. As to Cuba herself, her lack emotion at the stand did not
discredit her. It is important to bear in mind that in rape cases, the sole testimony of the complainant, if
credible, is sufficient to uphold a conviction.
Facts:
Agnes Cuba was a 13-year-old high school sophomore at Cebu State College of Science and Technology
when she was raped by Rochel Travero. Cuba was in Maslog, Danao City, with her cousin Washington Lawas
to attend a coronation ceremony around 2 km from her house. At the peryahan, Lawas left Cuba so he could
go to his grandmothers house and eat. Cuba then met her other cousin, Floresa Baclado, and went to buy ice
water. While walking there, Cuba was around 5 meters behind Baclado and her friends.
Suddenly, Travero, a second year college student and officer of a school organization at CSCST grabbed
Agnes from behind, pointed a pistol at her head, and ordered her not to shout lest she be shot. Cuba was
then dragged to a dark place between a parked cargo truck and salwag trees, around 10 meters from where
the celebration was taking place, and 10 meters away from Cubas house.
Cuba did not shout for help because of Traveros threats. Travero raped her, and Cuba could not put up
much resistance because Travero had a big body. After the incident, Travero immediately let on a motorcycle.
Not long after, a patrolman arrived.
The medical examination revealed lacerations and abrasions on Cubas outer vaginal wall, and a broken
hymen.
Traveros defense was that he and Cuba were sweethearts. He said that they had sex because one of their
usual kissing and pecking sessions led to the consummation of the sexual act. He further asserted that it was
normal that Cubas vagina bled, as she was a virgin.
A complaint-affidavit was filed against Travero by the City Prosecutor of Danao City before the RTC thereof.
Travero pled not guilty, but was convicted and sentenced to reclusion perpetua. Hence this appeal.
Issues:
WON the trial court erred in:
1. Failing to scrutinize the complainants testimony with extreme caution
2. Receiving complainants testimony with precipitate credulity
3. Disregarding strong indications pointing to the possibility that the rape charge was merely morivated
by some factors except the truth as to its commission
4. Failing to appreciate the consent of complainant to the sexual congress
5. Disregarding the existence of reasonable doubt as to the guilt of the Travero, and
6. Rendering judgment contrary to evidence adduced.
All issues were not directly passed upon, but it is implied that they were all answered no.
Ratio:
In reviewing evidence in rape cases, the court is guided by 3 settled principles:
1. The accusation of rape can be made with facility; it is difficult to prove, but more difficult for the
person accused, though innocent, to disprove.
2. In view of the intrinsic nature of rape, where 2 people are usually involved, the testimony of the
complainant must be scrutinized with extreme caution.
3. The evidence for the prosecution must stand or fall on its own merits, and cannot be allowed to
draw strength from the weakness of the evidence for the defense.
Travero contends that there is no evidence to merit his conviction. First, he faults the trial court for giving
too much credence to the testimonies of Cuba despite being fraught with inconsistencies compared to her
affidavit, including:
1. Whether Agnes and her cousin were able to buy ice water before the incident or not.
2. Whether the gun was pointed at her head or her body.
3. Whether there was a policeman at the scene.
4. Whether 45 minutes elapsed after the incident before she reported it to the police.
Travero also noted other alleged fabrications in Cubas testimony, including the proximity of houses to the
crime scene and whether Agnes was a conscientious student.
However, the court found these allegations bereft of merit. Discrepancies between statements in an affidavit
and in a testimony seldom discredit the declarant, because testimonies given during trials are more exact and
elaborate than sworn statements. The latter are almost always incomplete and inaccurate for varied reasons.
Witnesses cannot always distinguish details which are consequential and those which are not. Further, such
statements are usually prepared by people other than the affiant.
Nevertheless, the alleged inconsistencies are all inconsequential and have nothing to do with the essential fact
of the commission of the crime of rape. The rule is that inconsistencies on minor details serve to
strengthen credibility because they are badges of truth. A rapist cannot expect the hapless object of his
lechery to have the memory of an elephant and the cold precision of a mathematician. This is especially true
here, for Cuba is a 13-year-old girl.
Traveros desperation became evident when he assailed Cubas credibility because she did not cry or appear
sad on the witness stand. But the notion of equating emotional outbursts on the witness stand with credibility
is misplaced. A rape victims testimony is not less credible if not accompanied by emotional overtures.
Travero also claimed the sweetheart defense, and that it was improbable to have sex in a standing position
without the consent of both parties. It has been held that the absence of external injuries does not rule out
rape, and that it is not impossible to have non-consensual sex in a standing position, though it would be
uncomfortable. Also, the sweetheart theory must be discarded without any evidence to support it, such as
love letters, tokens or pictures. Further, being lovers does not negate the commission of rape.
It suffices that the sole testimony of a rape victim is credible because such a testimony is suffient to sustain
the accuseds conviction if it rings the truth or is otherwise credible. Considering that human reactions are
varied and unpredictable, the force or intimidation must be viewed in the light of the victims perception and
judgment at the tiem of the commission of the crime.
It is thus beyond dispute that Traveros guilt was established beyond reasonable doubt. He was positively
identified by Cuba, who did not waver in her testimony. His defense was mainly that there was consent in the
sexual act, but the evidence on record proved otherwise.
It must be emphasized that no woman, particularly one of tender age, would concoct a story of defloration if
nto motivated by the desire to have a culprit apprehended in punished. Besides, Cuba is a barrio girl of tender
age who would not put herself and her family in a compromising situation.
Other defences that failed:
1. Cuba was an aggressive and uninhibited young girl who would easily succumb to Traveros advances.
2. No proof that force and intimidation were employed on complainant because the gun was not
proven to exist.
Decision Affirmed.
Gabe.