G.R. No. 143658 - THE PEOPLE OF THE PHILIPPINES, VS. ROMEO PAGURAYAN, JR., ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, IN VIEW of all the foregoing considerations and findings, the court declares and so holds that the guilt of the accused has been shown beyond doubt. The court, therefore, declares the accused ROMEO PAGURAYAN, JR., GUILTY as charged. "Pertinent thereto, the court imposes upon him the penalty of RECLUSION PERPETUA with all the accessories provided for by the law. The bail bond put up for the temporary liberty of the accused is hereby cancelled and he is hereby committed to the Provincial Warden of Cotabato, Amas, Kidapawan, Cotabato. "The accused is further ordered to pay the sum of P50,000.00 as indemnity and P50,000.00 by way of moral damages to the complainant Fe Villote. "To pay the cost." [4] In his recourse to this Court, appellant faults the trial court for, by and large, placing too much credence to the account given by Fe Villote. Like in many rape cases appealed to this Court, the issue raised is one that attempts to put in doubt the credibility of the victim. The crime of rape is essentially, at least almost always, one committed in relative isolation or even secrecy; hence, it is usually only the victim who can testify in respect to the forced coitus. The case for the prosecution thus virtually depends on the credibility of the complainant. If found credible, the lone declaration of the facts given by the victim would suffice to sustain a conviction. Expectedly, an accused would assail the reliability of the complainant. The proper response to this question is made by the trial court which has the full chance to observe the deportment and demeanor of the witness. Not being in a position to enjoy that same opportunity, an appellate court would, naturally, respect the judgment of the trial court on the matter and disturb it only, as has been so often repeated by the Court, when there exists a fact or circumstance of weight and substance which has apparently been ignored or misconstrued. [5] After a careful look at the records, the Court finds no cogent reason to deviate from the rule. Evidently, the trial court aptly accorded due credence to the testimony of Fe Villote. Amidst occasional sobs on the witness stand, Fe testified thusly: "Q You said you went to sleep at about 9:00 in the evening, can you tell us after you went to sleep if there was anything unusual that occurred that evening? "A Yes sir, there was something [that] happened, I was sexually used (iyot) by Romeo Pagurayan, Jr. sir. "x x x x x x x x x "ATTY. RABAYA: The interpretation is sexually used because she said `gin-iyot ako'. "PROS. BAYOG: Anyway `iyot' is in Ilongo dialect. "COURT: `Iyot' in Ilongo is sexual intercourse. "ATTY. RABAYA: "Q Where? "A In my room sir. "Q Can you tell the court how it happened that Romeo Pagurayan, Jr. was able to enter your room and sexually use you? "x x x x x x x x x "ATTY. ADVINCULA: There is no basis Your Honor. "COURT: "Q You said you were inside your room while you were sleeping, now, you are telling the court that the accu