VOL.

335, JULY 5, 2000 69

People vs. Yparraguire
*
G.R. No. 124391. July 5, 2000.

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs.

ELMER YPARRAGUIRE y SEPE, accused-appellant.

Criminal Law; Rape; Statutes; Anti-Rape Law of 1997

(Republic Act 8353); Ex Post Facto Laws; Pursuant to Republic Act
No. 8353 rape is a crime against persons which may be prosecuted
de oficio, but where the alleged crime was committed in 1994, which
was prior to the effectivity of R.A. 8353, the old law should apply
and the same should be treated as a private offense.·After his
indictment and trial, accused-appellant appeals from his conviction
for the crime of rape of a mental retardate. Pursuant to Republic
Act No. 8353, the Anti-Rape Law of 1997, rape is a crime against
person which may be prosecuted de oficio. However, considering
that the alleged rape was committed in 1994, which was prior to the
effectivity of R.A. 8353, we apply the old law and treat rape as a
private crime.

_______________

* FIRST DIVISION.

70

70 SUPREME COURT REPORTS ANNOTATED

People vs. Yparraguire

Same; Same; Jurisdiction; Article 344 of the Revised Penal

Code is not determinative of the jurisdiction of courts over private
offenses because the same is governed by the Judiciary Law, not the
Revised Penal Code which deals with the definition of felonies and
their punishment; The complaint required in Article 344 is but a
condition precedent to the exercise by the proper authorities of the
power to prosecute the guilty parties, a condition imposed out of
consideration for the offended woman and her family who might
prefer to suffer the outrage in silence rather than go through with the
scandal of a public trial; When it is said that the requirement in
Article 344 is jurisdictional, what is meant is not that the complaint
confers jurisdiction but that it is the complaint that starts the
prosecutory proceeding.·Once the violation of the law becomes
known through a direct original participation initiated by the
victim, the requirements of Article 344 of the Revised Penal Code
(RPC), to the effect that the offense of rape „shall not be prosecuted
except upon a complaint filed by the offended party or her parents,‰
are satisfied. Said provision is not determinative of the jurisdiction
of courts over the private offenses because the same is governed by
the Judiciary law, not the Revised Penal Code which deals with the
definition of felonies and their punishment. Stated differently, the
complaint required in Article 344 is but a condition precedent to the
exercise by the proper authorities of the power to prosecute the
guilty parties. Such condition was imposed out of consideration for
the offended woman and her family who might prefer to suffer the
outrage in silence rather than go through with the scandal of a
public trial. The complaint simply starts the prosecutory proceeding
but does not confer jurisdiction on the court to try the case because
the overriding consideration in determining whether the condition
precedent in Article 344 has been complied with is the intent of the
aggrieved party to seek judicial redress for the affront committed.
Article 344 was not enacted for the specific purpose of benefitting
the accused. When it is said that the requirement in Article 344
(that there should be a complaint of the offended party or her
relatives) is jurisdictional, what is meant is that it is the complaint
that starts the prosecutory proceeding. It is not the complaint which
confers jurisdiction in the court to try the case. The courtÊs
jurisdiction is vested in it by the Judiciary Law.
Same; Same; The gravamen of the crime of rape is the sexual
congress of a woman by force and without consent.·Going now to
the merits of the case, the gravamen of the crime of rape is the
sexual

71

VOL. 335, JULY 5, 2000 71

People vs. Yparraguire

congress of a woman by force and without consent. These elements

have been proven beyond reasonable doubt to concur in this case.
The evidence shows that appellant boxed the victim in the neck and
slapped her on the face while she was alone and lying in bed on that
fateful night. When she shouted for help, appellant told her to keep
quiet. Appellant then began sucking her breasts and her vagina.
Then he removed her panty and forcibly had sexual intercourse
with the mentally retarded victim causing pain in her private part.
Same; Same; Force in rape is relative, depending on the age,
size and strength of the parties, and in the same manner,
intimidation must be viewed in the light of the victimÊs perception
and judgment at the time of the commission of the crime and not by
any hard-and-fast rule.·In rape, it is not essential that the force
employed in accomplishing the crime be so great or of such
character or could not be resisted. Force in rape is relative,
depending on the age, size and strength of the parties. In the same
manner, intimidation must be viewed in the light of the victimÊs
perception and judgment at the time of the commission of the crime
and not by any hard-and-fast rule. The victim was a mental
retardate and suffering from physical disability when appellant
employed force by boxing and slapping her. And when she shouted
for help he intimidated her to keep her quiet. The fact that the
victim did not offer a tenacious resistance is immaterial considering
her physical nature·she is an invalid and unable to rise from the
bed unassisted. Physical resistance need not be established in rape
when intimidation is exercised upon the victim and the latter
submits herself, against her will, to the rapistÊs advances because of
fear for her life and personal safety.
Same; Same; For rape to be committed, it is not necessary for
the place to be ideal, or the weather to be fine for rapists bear no
respect for locale and time when they carry out their evil deed.
·Although the victim shouted for help, her voice could be heard
only as far as three to five meters away. This negates the contention
of the father of appellant that the rape could not have been
committed because the locus criminis of the crime was only about
fifteen meters away from the passengersÊ terminal where there were
people passing. In any case, it has been consistently ruled that rape
can be committed even in places where people congregate, in parks
along the roadsides, in a house where there are other occupants, in
the same room where other members of the family are sleeping, and
even in places which to many would appear unlikely and high risk

72

72 SUPREME COURT REPORTS ANNOTATED

People vs. Yparraguire

venues for its commission. For rape to be committed, it is not

necessary for the place to be ideal, or the weather to be fine for
rapists bear no respect for locale and time when they carry out their
evil deed.
Same; Same; It is unnatural for a parent to use her offspring as
an engine of malice, especially if it will subject a daughter to
embarrassment.·On the alleged misunderstanding that appellant
had with the victimÊs mother which allegedly prompted the mother
to file the rape case against him, suffice it to say that no mother
would expose her own daughter to embarrassment and humiliation
as well as to the trouble, inconvenience, ridicule and scandal
concomitant with a public trial if such was not the truth and had
not her intention been to bring the culprit to the folds of justice. No
mother, virtuous or not, will voluntarily and without compelling
reasons put her own daughter to shame and humiliation if she were
not motivated by an honest desire to have her daughterÊs
transgressor punished accordingly. Besides, it is unnatural for a
parent to use her offspring as an engine of malice, especially if it
will subject a daughter to embarrassment.
Same; Same; No mother can just let pass an indignity
committed against one of her own blood·it is easy to forgive, but
justice for her would be no less than punishment.·In an apparent
attempt to free himself from liability, appellant on the very same
night after the assault, asked forgiveness from the victimÊs mother
and promised that the same will never be repeated. Yet, no mother
can just let pass an indignity committed against one of her own
blood. It is easy to forgive, but justice for her would be no less than
punishment. Moreover, a plea for forgiveness may be considered
analogous to an attempt to compromise, which offer of compromise
by the appellant may be received in evidence as an implied
admission of guilt pursuant to Section 27, Rule 130 of the Rules on
Evidence.

APPEAL from a decision of the Regional Trial Court of

Tandag, Surigao del Sur, Br. 27.

The facts are stated in the opinion of the Court.

The Solicitor General for plaintiff-appellee.
Augusto M. Arreza for accused-appellant.

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VOL. 335, JULY 5, 2000 73

People vs. Yparraguire

YNARES-SANTIAGO, J.:
1
After his indictment and trial, accused-appellant appeals
from his 2conviction for the crime of rape of a mental
retardate. Pursuant to Republic Act No. 8353, the Anti-
Rape Law of 1997, rape is a crime against person which
may be prosecuted de oficio. However, considering that the
alleged rape was committed in 1994, which was prior to the
effectivity of R.A. 8353, we apply the old law and treat rape
as a private crime.
The facts as narrated by the trial court are:

„On March 24, 1994, at about 11:00 oÊclock in the evening, while
complainant Charmelita D. Ruina, an invalid and mentally
retarded, was on her bed at the store of her mother at the Public
Market at Carrascal, Surigao del Sur, where she and her mother
lived, accused Elmer Yparraguirre alias „Lalo‰ entered her room,
the

_______________

1 The complaint reads: „That on the 24th day of March 1994, at about 11:00
oÊclock in the evening, more or less, at Carrascal Public Market, Carrascal,
Surigao del Sur, and within the jurisdiction of this Honorable Court, the above-
named accused, by means of force and intimidation, did, then and there,
willfully, unlawfully and feloniously have carnal knowledge with one
Charmelita Ruina, an invalid and mentally retarded girl, against the will of the
latter, to the damage and prejudice of the victim.‰ (Regional Trial Court [RTC]
Records, p. 6)
2 The dispositive portion of the decision dated December 5, 1995 of RTC
Branch 27, Tandag, Surigao del Sur penned by Judge Ermelindo G. Andal
states: „WHEREFORE, finding accused Elmer Yparraguirre y Sepe guilty
beyond reasonable doubt of the offense of Rape, the Court hereby sentences
him to suffer the penalty of RECLUSION PERPETUA; to suffer the accessory
penalties provided by law; to pay private complainant Charmelita I. Ruina the
sum of Fifty Thousand (P50,000.00) Pesos as damages; and to pay the cost.
„Accused being detained, he is credited in the service of his sentence with
the full term of his preventive imprisonment, if he agreed in writing to abide by
the same disciplinary rules imposed on convicted prisoners, otherwise four-
fifths (4/5) thereof.
„IT IS SO ORDERED.‰

74

74 SUPREME COURT REPORTS ANNOTATED

People vs. Yparraguire

door of which was not locked because her mother went to the store
of her elder sister. Upon getting inside, he undressed himself and
approached the Complainant who was apparently awake. He
caressed her and sucked her breasts. She shouted for help but
nobody came to rescue her, perhaps because it was late already in
the evening and her voice was not loud enough to be heard at the
distance as, in fact, it could be heard at only about three to five
meters away x x x. Accused told her to keep quiet and when she put
up some limpy resistance, he boxed her. He then removed her panty
went on top of her and inserted his manhood into her most private
part. She felt pain. After raping her, he left her room. Soon her
mother, Sanselas Leongas Ruina, arrived. She reported to her the
incident. The following morning, accused went back to the store and
apologized for what he did and promised not to do it again. But his
plea would not mollify Sanselas. She took the complainant to the
Madrid (Surigao del Sur) District Hospital for physical
examination. Dr. Carlo P. Altrecha recorded the following findings
in the Medical Certificate that he issued on March 26, 1994:

POLIO MYELITIS-MENTALLY RETARDED

PPE:

■ ABRASION, AT THE LEVEL OF THE MID-CLAVICULAR

AREA, BOTH, LEFT AND RIGHT.
■ CONTUSION, BOTH BREAST, LEFT AND RIGHT.
■ CONTUSION, AT THE LEVEL OF THE 8TH THORACIC RIB,
MEAXILLARY LINE, RIGHT. GENITALIA:
■ LABIA MAJORA: NO CONGESTION, NO HEMATOMA.
■ LABIA MINORA: CONGESTED, SLIGHT SWOLLEN.
■ VAGINAL ORIPICE: CONGESTED, SLIGHT SWOLLEN
HYMEN NOT INTACT.
■ VAGINAL SMEAR FOR THE PRESENCE OF
3
SPERMATOZOA: NO SPERMATOZOA SEEN.‰

Appellant did not testify in court but instead relied on the

lone testimony of his father, who alleged that the complaint

_______________

3 PeopleÊs Brief, pp. 3-5; Rollo, pp. 79-81.

75

VOL. 335, JULY 5, 2000 75

People vs. Yparraguire

for rape was filed as a result of a „misunderstanding‰

between appellant and the mother of the victim.
In this appeal, the basic issue raised by appellant is that
the trial court never acquired jurisdiction over the case
because the complaint was signed and filed by the chief of
police and not by the complainant.
AppellantÊs contention has no merit. Section 5, Rule 110
of the Rules on Criminal Procedure provides in part:

„The offense of seduction, abduction, rape or acts of lasciviousness,

shall not be prosecuted except upon a complaint filed by the
offended party or her parents, grandparents, or guardian, nor, in
any case, if the offender has been expressly pardoned by the above-
named persons, as the case may be. In case the offended party dies
or becomes incapacitated before she could file the complaint and
has no known parents, grandparents or guardian, the State shall
initiate the criminal action in her behalf.
The offended party, even if she were a minor, has the right to
initiate the prosecution for the above offenses, independently of her
parents, grandparents or guardian, unless she is incompetent or
incapable of doing so upon grounds other than her minority. Where
the offended party who is a minor fails to file the complaint, her
parents, grandparents, or guardian may file the same. The right to
file the action granted to the parents, grandparents or guardian
shall be exclusive of all other persons and shall be exercised
successively in the order herein provided, except as stated in the
immediately preceding paragraph.‰

Pursuant to the afore-quoted provision, the offended party

can initiate a prosecution for rape even if she is a minor,
unless she is incompetent or incapable of doing so upon
grounds other than her minority. Although the victim in
this case is no longer a minor, it is undisputed that she is a
mental retardate and suffering from physical deformity. No
woman would come out in the open, inform the authorities
of the injustice done to her, make a statement of what had
happened unless her purpose is to redress the wrong done
against her honor. Once the violation of the law becomes
known through a direct original participation initiated by
the victim, the requirements of

76

76 SUPREME COURT REPORTS ANNOTATED

People vs. Yparraguire

Article 344 of the Revised Penal Code (RPC), to the effect

that the offense of rape „shall not be prosecuted except
upon a complaint filed by the offended party or her
parents,‰ are satisfied. Said provision is not determinative
of the jurisdiction of courts over the private offenses
because the same is governed by the Judiciary law, not the
Revised Penal Code which deals with the definition of
felonies and their punishment. Stated differently, the
complaint required in Article 344 is but a condition
precedent to the exercise by the proper authorities of the
power to prosecute the guilty parties. Such condition was
imposed out of consideration for the offended woman and
her family who might prefer to suffer the outrage in silence4
rather than go through with the scandal of a public trial.
The complaint simply starts the prosecutory proceeding but5
does not confer jurisdiction on the court to try the case
because the overriding consideration in determining
whether the condition precedent in Article 344 has been
complied with is the intent of the aggrieved6
party to seek
judicial redress for the affront committed.

Article 344 was not enacted for the specific purpose of benefitting
the accused. When it is said that the requirement in Article 344
(that there should be a complaint of the offended party or her
relatives) is jurisdictional, what is meant is that it is the complaint
that starts the prosecutory proceeding. It is not the complaint which
confers jurisdiction in the court to try the case. The courtÊs
7
jurisdiction is vested in it by the Judiciary Law.

Going now to the merits of the case, the gravamen of the

crime of rape is the sexual
8
congress of a woman by force
and without consent. These elements have been proven
beyond reasonable doubt to concur in this case. The
evidence shows

_______________

4 Samilin v. CFI of Pangasinan, 57 Phil. 298 cited in Valdepeñas v.

People, 16 SCRA 871 (1966).
5 People v. Babasa, 97 SCRA 672 (1980).
6 People v. Ilarde, 125 SCRA 11 (1983).
7 People v. Babasa, supra.
8 People v. Igat, 291 SCRA 100 (1998).

77

VOL. 335, JULY 5, 2000 77

People vs. Yparraguire

that appellant boxed the victim in the neck and slapped her
on the face while she was alone and lying in bed on that
fateful night. When she shouted for help, appellant told her
to keep quiet. Appellant then began sucking her breasts
and her vagina. Then he removed her panty and forcibly
had sexual intercourse with the mentally retarded victim
causing pain in her private part. Her testimony in the oral
deposition confirms the statements she made in the
vernacular in her affidavit earlier executed. Thus,

P Unsa may imong guibuhat paghikita nimo niadtong

· tawo nga miduol kanimo.
T Misinggit ako.
·
P Unsay guibuhat niadtong tawo sa imong pagsinggit?
·
T Iyang guitampa ang akong baba, dayon mipatong siya
· kanako.
P Unsay sunod nga guibuhat niadtong tawo sa dihang
· mipatong na siya kanimo?
T Iyang guidun-an ang akong tiyan, apan kay mikisikisi
· man ako iyang guisumbag ang akong kilid dayon
guihubo ang akong baro ug guisunod usab dayon ang
akong pante.
P Unsay sunod nga guibuhat niadtong tawo kanimo sa
· tapos niya paghubo sa imong baro ug imong pante?
T Iya akong gui-iyot senyor.
·
P Unsay imong guibuhat sa dihang guiiyot sa tawo?
·
T Misinggit ako senyor apan guipagngan ang akong baba
· busa mikisikisi ako apan
9
guisumbag na usab ug maoy
nakapalipong kanako. (Italics supplied)

_______________

9 Affidavit of the Complainant; RTC Records, p. 7.

Q What did you do upon seeing the person who came near you?
A I shouted.
Q What did the person do while you were shouting?
A He covered my mouth, then he came on top of me.
Q What did the person do next after coming on top of you?
A He pressed my stomach hard but I wiggled so he boxed my side then
he removed my dress and also my panty.

78

78 SUPREME COURT REPORTS ANNOTATED

People vs. Yparraguire

The victimÊs narrations are corroborated by the medical

findings of the physician who examined her and found that
her labia minora was „congested, slight swollen,‰ and her
hymen no longer intact. She also suffered abrasions and
contusions on both breasts and near her right armpit,
which may have been caused by the blows.
In rape, it is not essential that the force employed in
accomplishing the crime10
be so great or of such character or
could not be resisted. Force in rape is relative, depending
on the age, size and strength of the parties. In the same
manner, intimidation must be viewed in the light of the
victimÊs perception and judgment at the time of the
commission
11
of the crime and not by any hard-and fast-
rule. The victim was a mental retardate and suffering
from physical disability when appellant employed force by
boxing and slapping her. And when she shouted for help he
intimidated her to keep her quiet. The fact that the victim
did not offer a tenacious resistance is immaterial
considering her physical nature·she is an invalid and
unable to rise from the bed unassisted. Physical resistance
need not be established in rape when intimidation is
exercised upon the victim and the latter submits herself,
against her will, to the rapistÊs
12
advances because of fear for
her life and personal safety. Although the victim shouted
for help, her voice
13
could be heard only as far as three to five
meters away. This negates the contention of the father of

_______________

Q What did he do next after removing your dress and your panty?
A He had sexual intercourse with me, Sir.
Q So, what did you do when he was having sexual intercourse with you?
A I shouted Sir, but he clamped my mouth so I wiggled again but he
boxed me again which caused me to lose consciousness.

10 People v. Alfeche, 294 SCRA 352 (1998).

11 People v. Moreno, 294 SCRA 728 (1998).
12 People v. Prades, 293 SCRA 411 (1998); People v. Tayaban, 296
SCRA 497 (1998).
13 Exh. „C,‰ RTC Records, p. 148.

79

VOL. 335, JULY 5, 2000 79

People vs. Yparraguire

appellant that the rape could not have been committed

because the locus criminis of the crime was only about
fifteen meters away from the passengersÊ terminal where
there were people passing. In any case, it has been
consistently ruled that rape can be committed even in
places where people congregate, in parks along 14the
roadsides, in a house where there are other occupants, in
the same15 room where other members of the family are
sleeping, and even in places which to many would 16
appear
unlikely and high risk venues for its commission. For rape
to be committed, it is not necessary for the place to be ideal,
or the weather to be fine for rapists bear no respect 17
for
locale and time when they carry out their evil deed.
On the alleged misunderstanding that appellant had
with the victimÊs mother which allegedly prompted the
mother to file the rape case against him, suffice it to say
that no mother would expose her own daughter to
embarrassment and humiliation as well as to the trouble,
inconvenience, ridicule and scandal concomitant with a
public trial if such was not the truth and had not her
intention been to bring the culprit to the folds of justice. No
mother, virtuous or not, will voluntarily and without
compelling 18reasons put her own daughter to shame and
humiliation if she were not motivated by an honest desire 19
to have her daughterÊs transgressor punished accordingly.
Besides, it is unnatural for a parent to use her offspring as
an engine of malice,
20
especially if it will subject a daughter
to embarrassment.
In an apparent attempt to free himself from liability,
appellant on the very same night after the assault, asked
for-

_______________

14 People v. Villorente, 210 SCRA 647 (1992).

15 People v. Lusa, 288 SCRA 296 (1998).
16 People v. Dado, 244 SCRA 655 (1995); 314 Phil. 635; People v.
Rafanan, 182 SCRA 811 (1990) cited in People v. Tan, Jr., 264 SCRA 425
(1996); 332 Phil. 465.
17 People v. Emocling, 297 SCRA 214 (1998).
18 People v. Deleverio, 289 SCRA 547 (1998).
19 People v. Tumala, Jr., 284 SCRA 436 (1998).
20 People v. Galleno, 291 SCRA 761 (1998).

80

80 SUPREME COURT REPORTS ANNOTATED

People vs. Yparraguire

giveness from the victimÊs mother and promised that the

same will never be repeated. Yet, no mother can just let
pass an indignity committed against one of her own blood.
It is easy to forgive, but justice for her would be no less
than punishment. Moreover, a plea for forgiveness may be
considered analogous to an attempt to compromise, which
offer of compromise by the appellant may be received in
evidence as an implied admission of guilt 21pursuant to
Section 27, Rule 130 of the Rules on Evidence.
With respect to the monetary awards, the P50,000.00
„damages‰ granted by the trial court should be properly
denominated as moral damages, which is allowed even 22
if
there was no proof during the trial as basis therefor. The
mental and physical suffering of the victimsÊ injury is
inherently concomitant with and necessarily resulting from
the odious23 crime which per se warrants the award of moral
damages. In addition thereto, the complainant 24
is also
entitled to a civil indemnity of P50,000.00 which is
outrightly awarded to rape victims25 being in the category of
actual or compensatory damages and because the rape
herein is not effectively qualified by any circumstance
under which 26the death penalty is authorized by present
amended law.
WHEREFORE, the decision of the trial court finding
accused-appellant guilty beyond reasonable doubt of the
crime of Rape is AFFIRMED. Further, appellant is
ORDERED TO PAY the complainant fifty thousand pesos
(P50,000.00) as civil indemnity in ADDITION to the fifty
thousand pesos (P50,000.00) moral damages.

_______________

21 People v. Bartolome, 296 SCRA 615 (1998).

22 People v. de los Reyes, G.R. No. 124895, March 1, 2000, 327 SCRA
56; People v. Medina, 300 SCRA 98 (1998).
23 People v. Perez, 296 SCRA 17 (1998).
24 People v. Atienza, G.R. No. 131820, February 29, 2000, 326 SCRA
802; People v. Batoon, G.R. No. 134194, October 26, 1999, 317 SCRA 545.
25 People v. Fuertes, 296 SCRA 602 (1998).
26 People v. Victor, 292 SCRA 186 (1998); People v. Mostrales, 294
SCRA 701 (1998).

81

VOL. 335, JULY 5, 2000 81

People vs. Cañedo

SO ORDERED.

Davide, Jr. (C.J.), Puno, Kapunan and Pardo, JJ.,

concur.
 Judgment affirmed.

Notes.·Under the Anti-Rape Law of 1997 (R.A. No.

8353), rape is already a crime against persons. (People vs.
Alfeche, 294 SCRA 352 [1998])
Under R.A. No. 8353, rape may be committed even by a
woman and the victim may even be a man. (People vs.
Mahinay, 302 SCRA 456 [1999])
Republic Act No. 8353, otherwise known as „The Anti-
Rape Law of 1997,‰ amending further Article 335 of the
Revised Penal Code, as amended by Republic Act No. 7659,
which penalizes rape with death when the offender knew of
the physical handicap of the victim at the time of the
commission of the crime, took effect on 22 October 1997.
(People vs. Lacaba, 318 SCRA 301 [1999])

··o0o··

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