G.R. No. 138614 - PEOPLE OF THE PHILIPPINES, VS. HECTOR BALDOSA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, accused HECTOR BALDOSA, is hereby found guilty beyond reasonable doubt of the crime of Rape and the Court hereby imposes upon him the imprisonment penalty of RECLUSION PERPETUA. Accused shall also indemnify victim Maria Fe Calabroso the sum of FIFTY THOUSAND PESOS (P50,000.00). Accused must also restitute the victim an additional amount of SIX THOUSAND PESOS (P6,000.00) which he forcibly took from the victim. [2] Feeling aggrieved by the decision, the convicted accused filed an appeal before this Court with a lone, but familiar and all-embracing, assignment of error; thus: The lower court erred in finding the accused guilty beyond reasonable doubt of the crime of rape defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act 7659. [3] The Court, as usual in so large number of rape incidents appealed to it, has again proceeded with great caution in reviewing and going through the conflicting testimony of the witnesses in order to assure itself that the trial judge would not have missed or misappreciated a fact or circumstance of significance that can very well alter the final judgment on the case. Unfortunately for appellant, the Court has here found no cogent reason to ignore the findings of the trial court and to justify a departure from the well-settled doctrine that the credibility of witnesses is a matter really best addressed by the trial court because of its unique opportunity to observe the witnesses firsthand and to take note of their demeanor, conduct and attitude at the stand. [4] Just to the contrary, the testimony of Maria Fe on the assault on her honor by appellant appears to be all too clear and convincing. Maria Fe has testified thusly: Q. Now, what were you doing in your house about 9:00 oclock in the evening of July 8, 1996? A. I was sleeping. Q. How about your child? A. He was also sleeping, Maam. Q. While you and your son were sleeping, can you tell us whether there was an unusual incident that happened? A. There was. Q. What happened? A. That night while we were sleeping, somebody suddenly rammed at the door. Q. Did you know who rammed against your door? A. I do, Maam. Q. Please tell us who this person was. INTERPRETER: Witness standing up and pointing to a person who identified himself as Hector Baldosa. PROSECUTOR ICAO: Q. Is this Hector Baldosa the same accused being charged now for Rape? A. Yes, Maam. Q. During the incident and before, have you known this Hector Baldosa? A. I do. Q. Why do you know him? A. I knew him because he is my husbands first cousin. Q. Kindly expound, why is this Hector Baldosa your husbands first cousin? A. His mother and my husbands father are siblings. Q. What is the name of Hector Baldosas mother, if you know? A. I do not know. Q. And the mother of Hector Baldosa is the sister of? A. My father-in-law is a male. Q. Who is the sister of the mother of the accused, your mother-in-law or your father-in-law? A. My fat