G.R. No. 138474 - PEOPLE OF THE PHILIPPINES, VS. FORTUNATO BALANO, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, upon all the foregoing considerations, the Court finds the accused, Fortunato Balano, guilty beyond reasonable doubt of the crime of rape. Accordingly, the Court hereby sentences the accused, Fortunato Balano: "a) to suffer the penalty of RECLUSION PERPETUA; "b) to indemnify the private offended victim, Elsie Ninang, in the amount of P50,000.00 by way of moral damages, and the further amount of P20,000.00 as exemplary damages, conformably with current jurisprudential policy; and "c) to pay the costs. "Being a detention prisoner, the accused, Fortunato Balano, is entitled to full credit of the entire period of his preventive imprisonment, in accordance with Article 29 of the Revised Penal Code, as amended by R.A. No. 6127, provided he had agreed in writing to abide by the same disciplinary rules imposed upon convicted prisoners, otherwise, with only four-fifths (4/5) thereof." [4] In this appeal, Fortunato Balano insists that he is innocent, and he seeks a reversal of his conviction. The Office of the Solicitor General, in the Appellee's brief, maintains otherwise. In reviewing rape cases, the Court, as always, has been guided by the settled principles that - 1) an accusation of rape can be made with facility and while the accusation is difficult to prove, it is even more difficult, however, for the person accused, although innocent, to disprove; b) in view of the intrinsic nature of the crime where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (c) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. [5] Contrary to the claim of the defense, Elsie's testimony appears to be most credible and convincing. She has been able to recount her ordeal in the hands of accused-appellant in a plain and straightforward manner. Hereunder is her testimony (reproduced verbatim from the transcript of stenographic notes): "FISCAL VALENSON: "Q On April 20, 1996, in the evening, do you remember where did you sleep? "A In our house, sir. "Q Who were your companions in your house when you sleep there? "A My daughter and my niece, sir. "Q You said you are married. Where did your husband sleep on April 20, 1996? "A In Kumalawit, Lebak, Sultan Kudarat, sir. "Q How far is that place from your house? "A It is very far, sir. "Q On April 20, 1996, when you sleep in your house at around 10 o'clock in the evening, do you remember who came to your house? "A Yes, sir. "Q Who was that person who came to your house? "A It was Fortunato Balano, sir. "Q When you slept in your house on that evening of April 20, 1996, did you lock the door of your house? "ATTY. GUERRERO: Leading, your honor. "COURT: Reform the question. "FISCAL VALENSON: "Q Where did this Fortunato Balano pass when he get inside your house? "ATTY. GUERRERO: No basis, your honor. "COURT: Was that testified by the witness? "FISCAL VALE