G.R. No. 132238 - PEOPLE OF THE PHILIPPINES, VS. LITO BAYGAR Y ESCOBAR, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, finding accused Lito Baygar y Escobar guilty beyond reasonable doubt of rape, under No. 3 of Article 335 of the Revised Penal Code, as charged, he is hereby sentenced to suffer the imprisonment of reclusion perpetua ; to indemnify the victim in the amount of P50,000 and costs of suit. LITO seasonably appealed to us from the decision. In his Appellant's Brief, LITO contends that the trial court gravely erred in convicting him of statutory rape despite failure of the prosecution to prove his guilt beyond reasonable doubt. He attacks the credibility of the victim by pointing out that no competent evidence was presented to prove her age and that her testimony was characterized by inconsistencies which the trial court even pointed out in its decision. He emphasizes that although JOANNA claimed that he put his penis in her vagina, she likewise claimed that his penis never touched her vagina and that after she held his penis, the latter put on his pants. He also points out the fact that JOANNA testified that she was wearing her panty when he put his penis inside her vagina and that his penis never touched her vagina. LITO further highlights the testimony of Dr. Vergara that there was no laceration of JOANNA'S hymen, which means that her hymen is still intact. This fact alone merits his acquittal since every circumstance favoring his innocence must be taken into account. Finally he claims that Dr. Cabailo was not proven to be an expert witness, and his testimony does not show that JOANNA was indeed raped. LITO thus concludes that the evidence against him falls short of that degree of proof necessary to engender moral certainty as to his guilt of the crime charged. On the other hand, the Office of the Solicitor General (OSG) maintains that accused-appellant's contention is untenable and bereft of merit. The OSG submits that the defense of simple denial cannot prevail over the positive declaration of JOANNA and the physical evidence on record. The OSG maintains that in assessing contrary declarations and statements, greater weight must generally be accorded to the positive testimonies of witnesses than the denials of the defense. The OSG likewise points out that despite JOANNA'S very tender age, she testified in a fairly clear, straightforward manner, in harmony with ordinary human experience. Furthermore, it characterized his testimony as unworthy of belief particularly with respect to his claim that his employers were motivated in fabricating the accusation of rape against him to avoid paying him his accumulated salary in the amount of P5,000 which he was trying to collect from them. It recommended that the assailed decision be affirmed in toto . At the heart of LITO's argument is the credibility of JOANNA. These three well-entrenched principles: (1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime