G.R. Nos. 131261-62 - PEOPLE OF THE PHILIPPINES, VS. AUGUSTO CESAR RAMOS Y DELIZO, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in Criminal Case No. Q96-67745, finding the accused guilty beyond reasonable doubt of having committed the offense of rape as charged in the Information and defined and penalized under Article 335 of the Revised Penal Code, as amended by R.A. [No.] 7659, the Court hereby sentences the accused AUGUSTO CESAR RAMOS Y DELIZO (1) to suffer the penalty of death; (2) to pay the complainant the sum of P50,000.00 as moral damages; and (3) to pay the costs. In Criminal Case No. Q96-67746, finding the accused guilty beyond reasonable doubt of having committed the offense of rape as charged in the information and defined and penalized under Article 335 of the Revised Penal Code, as amended by R.A. [No.] 7659, the Court hereby sentences the accused AUGUSTO CESAR RAMOS Y DELIZO (1) to suffer the penalty of death; (2) to pay the complainant the sum of P50,000.00 as moral damages; and (3) to pay the costs. The Branch Clerk of Court is hereby directed to immediately transmit the entire records of the cases to the Supreme Court for automatic review. The trial court gave full credence to JUVELYN's testimony, noting that it was delivered in a consistent, spontaneous and forthright manner despite the rigorous cross-examination. Appreciating that JUVELYN was a minor 10 years old when the rapes commenced and 12 years old when they ended), the trial court concluded that her testimony rang clear of the truth. The trial court then dismissed AUGUSTO's sole defense of denial as weak, evasive and uncorroborated. It ruled that the same cannot prevail over the positive identification by JUVELYN of AUGUSTO as the perpetrator of the dastardly felony. The trial court also discarded as unsubstantiated AUGUSTO's allegations of torture. The case is now before us for automatic review and judgment by virtue of the penalty imposed. In his Appellant's Brief, AUGUSTO assails the credibility of JUVELYN, citing that vengeful motive ( i.e . anger for his alleged unfaithfulness to her mother and hatred for his alleged cruelty to her) drove her to falsely accuse him of rape. AUGUSTO also questions the delayed report of her rape since five months had elapsed since the alleged last rape was committed when JUVELYN decided to file the charges against him. We sustain the conviction of AUGUSTO in both cases. It is fundamental that factual findings of trial courts, particularly the assessment of the credibility of witnesses, are accorded weight and the highest respect on appeal. This is so since trial courts have the opportunity to observe first hand the demeanor and conduct of witnesses and examine other proofs as well, thus they are better situated to form accurate impressions and conclusions. [24] These principles thus restrain this Court from disturbing the factual findings of the trial court in the instant case considering that no serious errors or cogent reasons are cited warranting a re-examination or reversal of the same. This Court is satisfied with the trial court's determinatio