G.R. Nos. 148394-96 - THE PEOPLE OF THE PHILIPPINES, VS. ROGER ELIARDA.D E C I S I O N - Supreme Court E-Library

Ruling

ACCORDINGLY, after assiduously weighing the evidence for the prosecution and the defense, the Court is morally convinced beyond reasonable doubt that the accused Roger Eliarda is GUILTY of the crime of Rape in all the three (3) criminal Informations filed against him. He is hereby sentenced to the penalty of Reclusion Perpetua with all the accessory penalties provided by law in each of the crime charged. Likewise, he is ordered to pay a civil indemnity of Fifty Thousand Pesos (P50,000.00) and moral damages of Fifty Thousand Pesos (P50,000.00) for each of the three (3) crimes committed; and to pay the costs. [2] In this appeal, Roger Eliarda would have this Court overturn his conviction upon the thesis that AAA failed to pass the test of credibility. The factual findings of the trial court on this issue are held to be, as it is so often said, entitled to the highest degree of respect by an appellate court [3] but when something critical and significant would appear to have been ignored or missed, the essence in an appellate review, [4] such evaluation made by the trial court may have to be re-examined. [5] On the first charge of rape, AAA testified on direct examination thusly: Q As you were sitting in the sala because you felt dizzy, do you remember what time it was? A About 7:30 in the evening, sir. Q As you were sitting down . . . by the way on what material were you sitting down? A Wooden chair, sir. Q At that time that you were sitting down at the sala, do you remember any unusual incident that happened? A While I was sitting he came to embrace me, sir. Q Will you please describe to the Honorable Court how the accused embraced you? A Like this, sir (witness putting his 2 arms around the body of the complainant both the palm of her hands locking its other at the middle of the back of the complainant while the 2 hands of the complainant were on her thighs, the accused is stooping with his face beside the face of the complainant, with the face of the accused placed at the left side of the face of the complainant). Q When he embrace[d] you what was your reaction, if any? A I pushed him, sir. Q What part of his body did you push? A His breast, sir. Q And what did you use in pushing his breast? A My two hands (witness demonstrating her two hands moving them forward). Q And when you pushed the accused, what was its effect if any upon him? A He [did] not release me, sir. Q Because he did not release you eventhough you pushed him, what did you do next? A I was struggling, pushing him, sir. Atty. Lazo May we pray your honor, that the movement of the witness be put on record. Fiscal Asencion And we request that the witness demonstrate. Atty. Lazo We are asking the Honorable Court to put on record the demonstration made by the witness. A (Witness demonstrating by showing her 2 hands by moving alternately forward and backward.) Fiscal Asencion Q And what was the result of your struggling effort as you said? A When I [had] the ch