PEOPLE v. LUNGAYEN Southern Isabela. She was examined by Dr.
Normita Villarico, chief of the
June 10, 1988 | Gancayco, J. | Res gestae | Conejero
PETITIONER: People of the Philippines
RESPONDENT: Ceferino Lungayan
EVIDENCE PRESENTED: Rape victim Agripina Juan Vda. de Garzotas statements to her
daughter Silveria about what happened when she returned an hour after the rape, which
was taken as res gestae by the trial court
FACT TO BE PROVED: That Agripina was raped by the accused
SUMMARY: Brgy. Cpt. Ceferino was convicted by the RTC for raping 52y/o Agripina. He
had entered her room and woken her up to accompany him in observing violators of the
after-10PM ban on drinking wine in her market stall canteen. He then dragged her to a
grove and raped her, all the while threatening her with a gun. In this case, the SC
acquitted Ceferino for several omissions on Agripina's part, namely not putting on a
brassiere and panty before going out, not screaming more than once when she was being
manhandled, and not describing the gun used to threaten her.
DOCTRINE: For Agripinas statement to be considered part of the res gestae, the
statement must not only be spontaneous, but also made at a time when there was no
opportunity for her to concoct or develop her own story.
FACTS:
1. On the evening of January 20, 1980 at 10PM, Agripinas married daughter
Silveria opened the door of their market stall at a knock to see Ceferino, who
she responded to upon inquiry that her mother was in but asleep.
2. Ceferino went into the bedroom and woke Agripina up, inviting her to observe
the persons drinking wine in the market stall identified as Linda's canteen in
violation of the barangay ordinance prohibiting the same after 10PM.
3. Agripina went with Ceferino one market stall away, standing for ten minutes side
by side two meters away from the open door of the brightly-lit canteen, after
which she was raped in a nearby banana grove. The prosecution evidence shows
that the incident occurred as follows:
a. Ceferino grabbed both Agripinas hands so the latter loudly shouted
once. The loud stereo player of the canteen drowned out her cries.
b. Ceferino slapped Agripina and threatened her with a gun. He pulled her
so she fell, hit her head and fainted.
c. When she awoke, she walked while Ceferino dragged her to a banana
grove. Ceferino carried her across the canal and dropped her in the
muddy ground (it rained the day before), where she was held down.
d. Ceferino removed her clothes and then stood up to remove his,
threatened her, and succeeded in having sexual congress with her for
less than an hour, then threatened her again to be quiet or be killed.
4. Upon arriving home at 12 midnight, Silveria asked Agripina what happened and
the latter revealed that the accused abused her. When Silveria pressed for
details, Agripina replied that she will tell her the next morning, which she did.
5. Agripina then went to Santiago town and reported the incident to Mr. Segundo
Maylem, post commander and Executive Vice Chapter Commander, VFP
Cagayan Valley Sanitarium Hospital.
6. After due investigation by the PC, Ceferino was charged and convicted for rape
in the Municipal Circuit Court of Ramon, Isabela. The RTC of Echague, Isabela
affirmed, imposing reclusion perpetua and P12,000 moral damages.
7. Ceferino appealed, assailing the credibility and voluntariness of complainant.
ISSUE #1: Whether there was force and intimidation employed against Agripina by
Ceferino during their sexual congress NO.
TOPICISSUE #2: Whether Agripinas statements to her daughter are admissible as part
of the res gestae NO.
RATIO #1:
1. According to the Court, Agripina should have acted discreetly, since she was not
innocent about the world given her age of 52 and the fact that she was married
thrice. The Court questioned [victim-blamed] her for not doing the following:
a. Declining when appellant invited her at 10:00 P.M. to step out of her
house, as going out alone with a man late in the evening is not in good
taste nor safe even if the one who invited her was the barrio captain
b. Suggesting that the appellant invite some other person for the purpose
c. Taking precaution as any discreet woman would do by at least putting
on her panty and a brassiere instead of stepping out in her shorts
d. Shouting louder again and again if her voice was drowned by the
blaring stereo player in the market when Ceferino held her hands
e. Escaping Ceferinos advances by running towards the canteen, two
meters away, or to her residence, one market stall away
f. Attempting to stand up to escape or to shout for help when Ceferino
stood up to remove his pants
2. The Court concluded that Agripina may not have initiated or motivated the
sexual interlude, but must have abetted it if not willingly submitted to the
advances of the appellant. Several circumstances were considered to arrive at
the conclusion that the sex was consensual:
a. Agripina nor the prosecution proved or described the type of gun used.
b. Mutual and passionate lovemaking is not involuntary. Indeed, they
were in ecstasy for almost one hour.
c. Agripina took an hour to contemplate what to do and then told her
daughter she was abused, after which she thought about her situation
all night and then told the details of the incident the next morning.
d. It would be unusual for a 48 year old man would rape an elderly
woman of 52 years, widow, three times married.
RATIO #2: Agripinas revelation cannot thus be categorized as part of the res gestae. The
complainant took a walk and did not immediately go home after the sexual encounter.
She had enough time to decide on the nature of her story.
DISPOSITION: The judgment appealed from is reversed and set aside, and another
judgment is rendered acquitting appellant of the offence charged, with costs de oficio.