G.R. Nos. 136862-63 - PEOPLE OF THE PHILIPPINES, VS. ROLANDO SANTOS, ALIAS "GALMAN", ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, judgment is hereby rendered as follows: "1. In Criminal Case No. SCC-2854, the Court finds the accused ROLANDO SANTOS @ 'Galman' guilty beyond reasonable doubt with the crime of rape defined and penalized under Article 335 of the Revised Penal Code as amended by R.A. 7659. Forthwith, the Court hereby sentences him to suffer the penalty of reclusion perpetua. He is ordered to indemnify the offended party in the amount of Fifty Thousand Pesos (P50,000.00). The accused is further ordered to pay the amount of Fifty Thousand Pesos (P50,000.00) as moral damages and Twenty Five Thousand Pesos (P25,000.00) as exemplary damages. "2. In Criminal Case No. SCC-2855, the Court likewise finds the accused ROLANDO SANTOS @ 'Galman' guilty beyond reasonable doubt with the crime of rape defined and penalized under Article 335 of the Revised Penal Code as amended by R.A. 7659, and is hereby ordered to serve the penalty of reclusion perpetua and to indemnify the offended party the sum of Fifty Thousand Pesos (P50,000.00). The accused is further ordered to pay the amount of Fifty Thousand Pesos (P50,000.00) as moral damages and Twenty Five Thousand Pesos (P25,000.00) as exemplary damages." [3] In his appeal to this Court, accused-appellant asseverated, in his assignment of errors, that - "1. The trial court erred in not finding that the testimony of private complainant was punctured with material improbabilities, inconsistency and unimaginable situation thereby casting grave doubt on the criminal culpability of the accused-appellant. "2. The trial court erred in not acquitting accused-appellant of the crime charged notwithstanding the presence of exculpatory physical evidence supporting the same. "3. The trial court erred in convicting accused-appellant of the crime charged by relying on the weakness of defense evidence rather than on the strength of its evidence." [4] This Court finds no reversible error in the judgment of the trial court appealed from. Contrary to the claim of accused-appellant, the testimony of Stacy, a girl still in her early teens, has not been punctured with material improbability or inconsistency. The plain and straightforward account given by the private complainant of her harrowing experience can only be but truly reflective of an honest and unrehearsed testimony. Hereunder are excerpts of her testimony. "A At 8:30 o'clock in the evening I was in the comfort room of the house of my uncle Dante Pagdanganan, sir. "Q While you were inside the comfort room of your uncle Dante Pagdanganan on May 4, 1998 at about 8:30 o'clock in the evening, do you remember if there was any unusual incident that happened? "A Yes, sir. "Q What was that unusual incident? "A Rolando Santos poked a knife on me, sir. (witness is crying while testifying) "Q You said that while you were inside the comfort room Rolando Santos poked his knife to you what transpired after that? "A He kissed me, sir. "Q Where did he kiss you? "A In the different parts of my body,