The brothers Eduardo Capillo alias "Eddie" and Alfredo Capillo Jr. alias "Oniok," together with their father Alfredo Capillo Sr., were charged with Rape with Homicide committed against one Jonalyn Garnizo. It was alleged in the Information that the Capillos conspired in having sexual intercourse with the victim through force and that by reason or on the occasion thereof, taking advantage of their superior strength, and with treachery choked her to death.1 [Information dated 16 November 1993; Rollo, p. 15.]

On 31 January 1995 the trial court found all three (3) accused guilty but only of rape. It sentenced each of them to reclusion perpetua2 [Art. 335 of the Revised Penal Code as amended by Sec. 11 of R. A. No. 7659.] and ordered them, jointly and severally, to indemnify the heirs of Jonalyn Garnizo in the amount of P50,000.00.3 [Decision penned by Judge David A. Alfeche Jr., RTC-Br. 38, Iloilo City; Rollo, p. 50.]

At around six-thirty in the evening of 1 September 1993 Lizaldo Songano while catching spiders along the feeder road in Sitio Tabay, Brgy. Cadagmayan Norte, Sta. Barbara, Iloilo, saw Jonalyn Garnizo, a fifteen (15)-year old classmate at the Sta. Barbara National Comprehensive High School, walking alone near a clump of bamboos. She was wearing her school uniform of blue skirt and white blouse. A few moments later, Lizaldo also saw his neighbors Alfredo Capillo Jr. and Eduardo Capillo emerge from the nearby cornfield they were tending for Atty. Virgilio Sindico, their landholder, and joined Jonalyn. Accused Alfredo Capillo Jr. walked on one side of Jonalyn and Eduardo Capillo on the other side.

Jerry Susbilla, who happened to be in the same area, was heading towards Sitio Tabuyog to hire a jeep to transport his finished bamboo furniture to Jaro, Iloilo City. While walking Jerry heard a woman moan twice. He followed the direction from where the sound came. Crawling towards a spot planted with shrubs and a tamarind tree, then squatting at a distance of approximately two (2) arms length from the feeder road, he saw a naked man copulating with a naked girl, while two (2) other men wearing shorts were holding the girl, one on the head and the other on the feet. Jerry readily recognized the girl as the place was adequately illumined by a full moon and he was only two (2) arms length from her. He knew Jonalyn as the daughter of Inten and Cecilia Garnizo residing in Sitio Tabay. He also recognized the three (3) men as those working and living in the land of Atty. Sindico. Horrified by what he saw, Jerry left the scene and went home to Brgy. Cadagmayan Norte and told no one, not even his wife, of what he saw. Newmiso

Also, at around the same time in the evening of 1 September 1993, a certain William Songano was walking on the same feeder road on his way home. He heard the moaning of a woman from the direction of the tamarind tree. He quickened his pace. Suddenly a man emerged from beneath the tamarind tree. He offered liquor to William and tried to hold his arm. But William refused the offer and parried off the man’s arm. Then William sensed that there was another man behind him thus prompting him to draw his scythe. Both men withdrew and returned to the vicinity of the tamarind tree. William later identified in court the man who offered him liquor to be Alfredo Capillo Jr., and his companion, Eduardo Capillo.

At two forty-five in the afternoon of 2 September 1993 Barangay Councilman Manuel Canto radioed to the Sta. Barbara police station that a cadaver was found in Sitio Tabay. SPO3 Ludovico Solivio and some of his colleagues rushed to the scene. The body was identified to be that of Jonalyn Garnizo. She was lying on a grassy portion within the bamboo groves about fifteen (15) meters from the feeder road. She was fully clothed in her school uniform. SPO3 Solivio noted the absence of signs of physical struggle at the particular place where the body was found.

A pair of slippers was found near the tamarind tree twenty-five (25) meters across the road. SPO3 Solivio summoned the grandfather of Jonalyn and he identified the slippers as belonging to his granddaughter. Apparently a struggle took place there as SPO3 Solivio observed small twigs of plants broken with the ground disturbed.

Medico-Legal Officer Ricardo Jaboneta autopsied the body of Jonalyn in the morning of 3 September 1993 and found the following: Cyanosis, integuments and nailbeds. Hematoma: (1) 5.0 x 4.5 cms., right temple; (2) 2.0 x 4.0 cms., right parietal area. Lungs: markedly congested, voluminous, cripitous with multiple petechea. Cut sections showed marked congestion, interstitial hemorrhages and exuded sanguinous froth on pressure, moderate amount. Heart: congested, normal size, covered with small amount of fatty tissues. Ventricular chambers: almost empty. Coronary arteries: patent. Spleen: contracted. Brain and other visceral organs: markedly congested. Stomach: empty. Genital examination: fourchette, presence of fresh abrasion, surrounding mucusa stained with dried clotted blood. Hymen showed complete fresh laceration at 3:00 o’clock position; edges, raw. Cause of death: asphyxia by choking. Remarks: (1) Body, previously embalmed, broken dried leaves taken from buttocks and vulva. (2) Vaginal smear, positive for the presence of disintegrated sperm cell.4 [Exh. "B;" Records, Vol. I, p. 9.] J-jlex

On 10 September 1993 Jerry Susbilla attended the wake for Jonalyn at her residence. He saw the victim’s mother seated on the stairs, crying. He asked her about the progress of the case. She replied that her family could not get justice since nobody would come out in the open to shed light on the matter. Taking pity on her, he revealed to her what he knew about the incident and volunteered to testify. He went with her to the police station in Sta. Barbara and later to the NBI office in Iloilo City where he gave a sworn statement.

In open court Jerry Susbilla identified the perpetrators of the crime: Alfredo Capillo Jr. as the one who copulated with Jonalyn; Alfredo Capillo Sr. as the one who held her head; and Eduardo Capillo as the one who suppressed the movement of her feet while the rape was being committed by Alfredo Capillo Jr.

On the other hand the three (3) accused contended that at the time of the incident they were at home around 330 meters away from the crime scene and had their alibi corroborated by Eduardo Capillo’s wife Felisa and their counsel Atty. Virgilio Sindico. Juri-ssc

In finding that all three (3) accused conspired in the commission of rape, the trial court relied primarily on the testimony of Jerry Susbilla that he saw Alfredo Jr. raping Jonalyn while her head and feet were being held by Alfredo Sr. and Eduardo Capillo, respectively, as strengthened by the postmortem finding that she had sexual intercourse before she was killed. Secondarily, the trial court sustained the testimonies of Lizaldo and William regarding the presence of the Capillos near the scene of the crime on the date and at the time of the incident and brushed aside the alibi of the accused. It found that there was no physical impossibility for them to be at the crime scene at the particular date and time; consequently it held them equally liable but only for rape inasmuch as the prosecution failed to present any evidence that one or all of them choked Jonalyn to death. This finding indeed was tantamount to the acquittal of the accused of the charge of homicide which we cannot now reverse on appeal. Hence, our review of this case is confined to the conviction of the accused for rape.

Accused-appellants assert that since the body of Jonalyn was discovered dressed in school uniform within the bamboo groves, and not naked beneath the tamarind tree where Jerry allegedly witnessed the sexual assault, the crime of rape was committed therein by other persons and not by them. Accused-appellants assail as incredible the testimonies of Jerry Susbilla and William Songano that at six-thirty in the evening of 1 September 1993 they both heard the moaning of a woman coming from the same tamarind tree. Accused-appellants theorize that if this were so, then Jerry and William would have certainly met each other on the feeder road. They also dispute their identification by Jerry because the tamarind tree was surrounded by thick vegetation as shown in the picture marked Exh. "9-A"5 [Records, Vol. I, p. 607.] and at six-thirty that evening faces could no longer be recognized due to darkness. Lastly, they submit that Jerry’s belated revelation of his knowledge of the crime to the mother of the victim and then to the police should adversely affect his credibility. Sc-juris

Accused-appellants Alfredo Capillo Jr., Eduardo Capillo and Alfredo Capillo Sr. were properly found guilty by the trial court of raping Jonalyn Garnizo. Jerry Susbilla’s response to the moaning sound he heard provided him an opportunity to view the essence of the criminal act and the precise roles played by the three (3) malefactors. The natural tendency of a witness would be to strive to observe the manner of the perpetration of the crime and to look at the appearance of the perpetrator.6 [People v. Bajar, G. R. No. 118240, 28 October 1997, 281 SCRA 262.] And the startling or frightful experience creates an indelible impression in the mind that can be vividly recalled.7 [People v. De Guia, G. R. No. 123172, 2 October 1997, 280 SCRA 141.] Consider the recollection of Jerry -

To sum up, while Jerry was in a squatting position approximately two (2) arms length between the feeder road and the crime scene, Jerry saw the commission of rape near the tamarind tree and recognized the victim and her attackers. The naked Alfredo Jr. was on top and engaged in actual sexual intercourse with the similarly naked Jonalyn, while Alfredo Sr. and Eduardo, both wearing shorts, were holding her head and feet, respectively. The full moon aided Jerry in identifying them. Afterwards, he went home. He was no longer in his proper senses and kept the matter to himself, i.e., until the sight of Jonalyn's mother weeping, thinking perhaps that nobody would help her family attain justice, served as a catalyst that restored his cerebral equilibrium and emboldened him to reveal what he had witnessed on the night of 1 September 1993.

Jerry’s testimony was assessed by the trial court to be credible. Unless certain facts of substance and value were overlooked which, if considered, might affect the result of the case, its assessment must be respected10 [People v. Ramirez, G. R. No. 97920, 20 January 1997, 266 SCRA 335.] for it had the opportunity to observe the conduct and demeanor of Jerry while testifying11 [Lustan v. Court of Appeals, G. R. No. 111924, 27 January 1997, 266 SCRA 663.] and detect if he was lying.12 [People v. Dinglasan, G. R. No. 101312, 28 January 1997, 267 SCRA 26.] It was an opportunity not equally enjoyed by appellate tribunals.13 [Rabaja v. Court of Appeals, G. R. No. 125616, 8 October 1997, 280 SCRA 290.] No cogent reason exists to deviate from the findings of the trial court. Esmso

The circumstance that Jonalyn experienced sexual intercourse was corroborated by the finding of the physician that her hymen showed a complete fresh laceration at 3:00 o’clock position and that her vaginal smear was positive for the presence of disintegrated sperm cell. Moreover, the circumstance that the crime was committed near the tamarind tree was corroborated by SPO3 Solivio when he found broken small twigs and disturbed ground showing that a struggle had indeed taken place on that very spot. Although of lesser significance, Lizaldo Songano testified having seen Eduardo and Alfredo Jr. emerge from the cornfield and join Jonalyn in walking near the crime scene, and William Songano affirming the presence of the Capillos in the same vicinity.

We find untenable the alibi as well as the arguments presented by accused-appellants. The circumstance that the body of Jonalyn was discovered dressed in school uniform within the bamboo groves does not lead to the conclusion that rape was committed in that particular place and by persons other than accused-appellants. Rather, we agree with the trial court that "[i]t is most probable that after the sexual assault and the victim died as a result of choking, the accused herein put on her clothes and bodily brought her across the road to conceal their misdeed x x x x"14 [Rollo, p. 42.]

Neither Jerry nor William mentioned having seen each other on the feeder road although both claimed presence thereat around six-thirty in the evening of 1 September 1993. The time, of course, could merely be an estimate.

The picture marked Exh. "9-A" does not support the claim that thick vegetation surrounded the tamarind tree because captured therein was merely the area along the feeder road. We note that the crime occurred about two (2) arms length from there.

Moreover, Jerry testified that it was not dark on the night of the incident because there was a full moon.15 [TSN, 8 April 1994, p. 37.] The trial court took judicial notice of the moon rising at ten thirty-three in the morning of 1 September 1993. The fullness of its phase provided a natural illumination that facilitated the identification by Jerry of Jonalyn and accused-appellants. Where conditions of visibility are favorable and the witness does not appear to be biased his assertion as to the identity of the malefactor should be accepted as trustworthy.16 [People v. Martinez, G. R. No. 116918, 19 June 1997, 274 SCRA 259.] It matters little that initially Jerry did not know the names of accused-appellants for as long as he recognized their faces17 [People v. Evangelista, G. R. No. 121627, 17 November 1997, 282 SCRA 37; People v. Vasquez, G. R. No. 105008, 23 October 1997, 281 SCRA 123.] and identified them individually in open court. Esmmis

There is no standard behavior for a person confronted with a shocking incident - one may immediately report the incident to the proper authorities while others, for fear of involvement in a criminal investigation, may keep to themselves what they had seen.18 [People v. Navales, G. R. No. 112977, 23 January 1997, 266 SCRA 569.] Still, others break their silence only later as did Jerry. But such delay of a witness in reporting to the police authorities the crime he had witnessed, when adequately explained, does not impair his credibility; neither will it render his testimony biased nor destroy its probative value.19 [People v. Padao, G. R. No. 104400, 28 January 1997, 267 SCRA 64; People v. Herbieto, G. R. No. 103611, 13 March 1997, 269 SCRA 472.] It is not a common experience for a person to witness the perpetration of an atrocious crime and the shocking experience will usually distort his normal pattern of reaction.20 [People v. Alvarado, G. R. No. 117402, 21 July 1997, 275 SCRA 727.] In the present case, not knowing what to do as he became disoriented after witnessing the incident, is a sufficient justification for Jerry's momentary silence. Moreover, his initial decision to remain tight-lipped lasted for a short span21 [People v. Queliza, G. R. No. 124135, 15 September 1997, 279 SCRA 145.] of nine (9) days, proving after all that civic mindedness was not dead.22 [People v. Macoy, G. R. Nos. 96649-50, 1 July 1997, 275 SCRA 1.] And the aforementioned number of days was indeed negligible compared to our ruling in one case that even if it took the eyewitness three (3) years to overcome his fear and decide to reveal what he had actually seen during the commission of the crime his credibility was not thereby impaired.23 [People v. Apongan, G. R. No. 112369, 4 April 1997, 270 SCRA 713.]

Conspiracy was correctly appreciated by the trial court. While Alfredo Jr. was sexually assaulting Jonalyn, Alfredo Sr. held her head and Eduardo her feet. These collective acts showed the existence of a common design toward the accomplishment of a united purpose,24 [Subayco v. Sandiganbayan, G. R. Nos. 117267-117310, 22 August 1996, 260 SCRA 798.] thus making the act of one the act of all.25 [People v. Herbias, G. R. Nos. 112716-17, 16 December 1996, 265 SCRA 571.] Msesm

Alibi is a negative and self-serving evidence undeserving of weight in law. Accused-appellants failed to establish that it was physically impossible for them to be at the scene of the crime at the time of its commission.26 [People v. Taton, G. R. Nos. 122757-61, 28 November 1997, 282 SCRA 300.] More importantly, it yields to positive identification and absence of ill motive on the part of witness Jerry Susbilla.27 [People v. Javier, G. R. No. 84449, 4 March 1997, 269 SCRA 181; People v. Letigio, G. R. No. 112968, 13 February 1997, 268 SCRA 227.]

The trial court correctly awarded indemnity of P50,000.00 in favor of the heirs of the raped victim. This is automatically imposed upon the accused without need of proof other than the fact of the commission of the offense. But in addition, the trial court should have awarded moral damages which are similarly imposed in rape cases without further proof, in conformity with recent jurisprudence.28 [People v. Caballes, G.R. Nos. 102723-24, 19 June 1997, 274 SCRA 83. See also People v. Calayca, G.R. No. 121212, 20 January 1999.]

WHEREFORE, the Decision appealed from finding accused-appellants Eduardo Capillo, Alfredo Capillo Jr. and Alfredo Capillo Sr. guilty of rape and sentencing each of them to reclusion perpetua and ordering them jointly and severally to pay the heirs of Jonalyn Garnizo P50,000.00 as indemnity is AFFIRMED, with the MODIFICATION that, in addition, accused-appellants are directed jointly and severally to pay the same heirs of Jonalyn Garnizo another P50,000.00 for moral damages, and to pay the costs.