G.R. No. 129236 - THE PEOPLE OF THE PHILIPPINES, VS. RAYMUNDO DIZON Y GAROTA, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing and finding the evidence submitted by the complainant to be sufficient to establish the guilt of the accused, Raymundo Dizon, beyond reasonable doubt for violation of the crime of rape as punished by Article 335 of the Revised Penal Code as amended by Republic Act No. 7659, the Court hereby sentences the accused, Raymundo Dizon y Garota to suffer the penalty of death, the execution of which shall be done in accordance with law. The court further orders the accused to indemnify the complainant, Betty Vergara, the amount of P50,000.00 by way of civil indemnity. In seeking the reversal of his conviction, accused-appellant avers that: THE LOWER COURT ERRED IN GIVING DUE WEIGHT AND CREDENCE TO THE TESTIMONY OF THE COMPLAINANT DESPITE APPARENT CONTRADICTIONS AND IMPROBABILITY IN THE COURSE OF HUMAN BEHAVIOR. THE LOWER COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT DESPITE THE INSUFFICIENCY OF PROSECUTION'S EVIDENCE TO PROVE HIS GUILT BEYOND REASONABLE DOUBT AND/OR MORAL CERTAINTY. THE LOWER COURT FURTHER ERRED IN NOT APPRECIATING THE DEFENSE OF THE ACCUSED INASMUCH AS THE TESTIMONY OF THE COMPLAINANT, STANDING ALONE, WAS NOT SUFFICIENT NOR SUBSTANTIAL. Accused-appellant alleges that the trial court erred in convicting him as the evidence for the prosecution was intrinsically weak and did not establish his guilt beyond reasonable doubt. He claims that the prosecution failed to show force and intimidation on his part and resistance on the part of complainant, which are essential elements of rape. Reliance is placed on the medical examination conducted by Dr. Arnold Anceno to the effect that there were no lacerations or scars on the external portion of the vaginal orifice. Accused-appellant also maintains that there was physical impossibility in committing the crime imputed to him as the bathroom where the rape allegedly happened was only a makeshift structure measuring 2 feet by 2-1/2 feet and was made of light materials such as sawali, nipa and jute sacks. Moreover, said bathroom was located outside the house near the community pump. Finally, accused-appellant alleges that complainant's actuation and behavior after the rape and while testifying in court lacked manifestations of fear, depression, melancholy and anger normally displayed by rape victims. It bears stressing here that the evaluation by the trial court of the testimony of a witness is accorded the highest respect because it is the trial court that has the direct opportunity to observe the demeanor of the witness on the stand and determine if she is telling the truth or not. [24] Absent any grave or palpable error, the findings of facts of a trial court are binding upon this Court. [25] After a careful scrutiny of the records of the case, the Court finds no cogent reason to reverse the ruling of the trial court. Force or intimidation, as an essential element of rape, is subjective and must be viewed in the light of the victim's perception and judgment at th