G.R. Nos. 148397-400 - PEOPLE OF THE PHILIPPINES, VS. NICODEMO MINON ALIAS “BOYET” AND “NICK,”.

Ruling

ACCORDINGLY, the Court finds the accused NICODEMO MINON guilty beyond reasonable doubt, as principal of the crime of RAPE three (3) counts with the attending circumstance in all the three (3) cases, that the victim is under eighteen (18) years of age and the offender is a relative by consanguinity within the third civil degree and herby [sic] sentence him to suffer three (3) DEATH penalties, together with the accessory penalties provided by law, and to indemnify the victims Elizabeth and Eloisa Minon the sum of P 50,000 each without subsidiary imprisonment in case of insolvency, and to pay the cost.Criminal Case No. P-5795 is hereby ordered dismissed.(Emphasis ours) The accused now maintains that the trial court gravely erred in convicting him of qualified rape despite the fact that the age of the victims and their relationship to the accused were not duly alleged in the Informations , and raised the following lone error: [34] THE TRIAL COURT ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH UPON THE ACCUSED-APPELLANT. In the Appellees Brief, the Office of the Solicitor General pointed out that private complainants relationship with the accused and the fact of their minority were alleged in the information but no proof was presented in court to show their exact ages except for their casual testimony as to their ages. [35] Moreover, the Solicitor General stated that the accused, being a first cousin of the complainants, is a relative within the fourth civil degree. [36] Because of these circumstances, the Solicitor General recommended the reduction of the death penalty to reclusion perpetua . [37] It must be noted that the Appellants Brief adopted the findings of the trial court, [38] and did not contest the liability of the accused even for simple rape, proceeding directly as it did with the discussion of the propriety of the death penalty. This being a death penalty case, however, the records are open for review. [39] In resolving rape cases, this Court is guided by the following principles: (a) an accusation for rape can be made with facility; it is difficult to prove but even more difficult for the accused, though 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; (c) the evidence for the prosecution must stand or fall on its own merit, and cannot be allowed to draw strength from the weakness of the evidence for the defense; and (d) the evaluation of the trial court judges regarding the credibility of witnesses deserves utmost respect on the ground that they are in the best position to observe the demeanor, act, conduct, and attitude of the witnesses in court while testifying. [40] With these principles in mind and after a careful review of the records of this case, we find no reason to overturn the conclusion reached by the trial court concerning the guilt of the accused-appellant. It is well-settled t