G.R. No. 178318 - PEOPLE OF THE PHILIPPINES, VS. EDGARDO ESTRADA. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused Edgardo Estrada GUILTY beyond reasonable doubt of the crime of RAPE on two (2) counts defined and punishable under Article 335 of the Revised Penal Code as amended by Republic Act 7659 and hereby sentences him to suffer the penalty of DEATH for each rape and to indemnify the complainant in the amount of P75,000.00 or a total of P150,000.00; and to pay P50,000.00 or a total of P100,000.00 as moral damages and the amount of P30,000.00 or a total of P60,000.00 as exemplary damages to deter others from committing the same crime. Costs against the accused. [4] The trial court found that the prosecution satisfactorily proved all the elements of rape. During the first rape, the appellant employed violence against the person of the victim by pinning her hands above her head. She was likewise threatened with bodily harm in case she reports what happened. During the second rape, he poked a knife at her and succeeded in having carnal knowledge of her. [5] The qualifying circumstances of minority and relationship were likewise appreciated by the trial court. Based on the Birth Certificate presented by the prosecution, it was established that the victim was a 12-year old minor when she was ravished on two occasions in July 1997. On the other hand, the trial court held that the parties' relationship with each other was established by their testimonies. Appellant testified that "AAA" is his niece while the latter admitted that appellant is her uncle. The trial court was not persuaded by the defenses of alibi and denial proffered by the appellant. It found the same barren and undeserving of any credence vis-à-vis "AAA's" categorical testimony. Thus: Accused's denial is also an intrinsically weak defense. To merit credibility, it must be buttressed by strong evidence of non-culpability x x x. The rule is that affirmative testimony is stronger than a negative one, especially when it comes from the mouth of a credible witness x x x. It was keenly observed by the Court that "AAA" was emotionally affected as she recalled the harrowing experiences she suffered from her uncle as she had to wipe the tears from time to time as she testified. As between a categorical testimony which has a ring of truth on one hand, and a bare denial on the other, the former is generally held to prevail. x x x A mere denial constitutes self-serving evidence which cannot be accorded greater evidentiary weight than the declaration of a credible witness who testifies on affirmative matters. x x x As against positive identification by the private complainant, mere denials of the accused cannot overcome conviction by the trial court. x x x [6] Appellant's contention that "AAA" filed the charges against him because she did not take kindly to his advice not to associate with boys was briskly set aside by the court a quo. It found the same too lame a reason to charge one with a capital crime. Likewise, the court brushed aside Irene's corroborative account for