G.R. No. 139753 - THE PEOPLE OF THE PHILIPPINES, VS. HERNANDO QUINSON GARCIA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered finding accused guilty beyond reasonable doubt of the crime of rape and he is hereby sentenced to suffer the penalty of reclusion perpetua, and to indemnify the complainant the sum of P75,000, to pay her moral damages in the sum of P50,000 and to pay the costs of this case. "Accused's custodian is ordered to ship him to the higher authorities without delay in accordance with law." [3] The convicted accused, in his Appellant's Brief, ascribed error to the trial court, thusly: "I "THE COURT A QUO COMMITTED A REVERSIBLE ERROR IN CONVICTING ACCUSED-APPELLANT ON THE BASIS OF THE INCREDIBLE AND INCONSISTENT STATEMENTS OF THE PROSECUTION WITNESSES. "II "THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME OF RAPE HAS BEEN PROVEN BEYOND REASONABLE DOUBT." [4] In the prosecution for rape, the credibility of the complainant becomes the single most important factor to consider, and it always behooves the Court to minutely examine her testimony. The Court now quotes liberally, hereunder immediately following, the testimony given by Roan Garcia at the witness stand. "Q On December 13, 1997 at about 8:30 in the morning can you recall where were you? "A Yes, Sir. "Q Where were you? "A I was in our house. "Q Were you alone? "A We were two. "Q Who was your companion? "A Hernando Garcia. "x x x x x x x x x "Q While you were left [alone] in the house with your paternal granduncle, Hernando Garcia, can you recall if there was any unusual incident that happened? "A Yes, Sir. "Q Will you please tell the court? "A During that time I was upstairs I took a bath and then changed my clothes. At that time Hernando Garcia was downstairs and I was preparing to go to the house of my Auntie. "Q Who is this Auntie? "A Her husband is the brother of my mother. "Q What is the name of this Auntie? "A Belen. "Q You said you were about to go down because you wanted to go to the house of Auntie Belen, what happened thereafter? "A When I went down I was surprised because I saw Hernando Garcia holding a knife. "Q Where particularly in the house when you saw Hernando Garcia holding a knife? "A Downstairs at the sala. "Q Where particularly at the sala? "A He was sitting on the bench. "Q And you said he was holding a knife. Can you demonstrate the position of Hernando Garcia? "A He was holding a knife with the use of his right hand. (Witness demonstrating by raising her right hand as if holding something) "Q You were at the sala when you [saw] Hernando Garcia holding a knife? "A Yes, Sir. "Q How far were you with Hernando Garcia? "A About one meter. "Q When you saw Hernando Garcia holding a knife, what did he say or do anything? "A He instructed me to undress myself. I was so shocked and I told him `No, Uncle do not do that.' "Q Can you still describe the knife? "A Yes, Sir. "Q Please describe it? "A A stainless knife. "Q Can you estimate the length of the knife? "A 12 inches. "Q After that what happened? "A Af