G.R. No. 181899 - PEOPLE OF THE PHILIPPINES, VS. ROLLY MONTESA Y LUMIRAN, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds the accused Rolly Montesa y Lumiran guilty beyond reasonable doubt of the crime of rape defined and punished under Article 335, paragraph 1 of the Revised Penal Code, as amended by Section 11 of Republic Act No. 7659 and Republic Act No. 8353 and conformably sentences him to suffer the supreme penalty of death in each case. He is likewise ordered to indemnify the complainant (AAA) in the amount of Seventy Five Thousand Pesos (P75,000.00) as civil indemnity and Fifty Thousand Pesos (P50,000.00) as moral damages in each case. [40] In view of the death penalty imposed on appellant, the instant cases were elevated to this Court for automatic review. However, pursuant to our ruling in People v. Mateo , [41] we remanded the cases to the Court of Appeals for disposition. On 22 December 2006, the Court of Appeals promulgated its Decision affirming with modifications the RTC Decision. [42] The appellate court downgraded the death penalty to reclusion perpetua pursuant to Republic Act No. 9346. It also awarded AAA the amount of P30,000.00 as exemplary damages. Thus: WHEREFORE, the assailed Decision of the Regional Trial Court, Branch 61, City of Kabankalan, Negros Occidental, in Criminal Cases Nos. 98-2035 and 98-2036, finding accused-appellant ROLLY MONTESA guilty beyond reasonable doubt of rape is hereby AFFIRMED with MODIFICATION. Rolly Montesa is hereby meted the penalty of reclusion perpetua , and ordered to indemnify the victim, (AAA) in the amount of Seventy Five Thousand Pesos (P75,000.00) as civil indemnity, Fifty Thousand Pesos (P50,000.00) as moral damages in each case, and considering that the crime of rape was committed inside the dwelling of the victim, by way of exemplary damages, Thirty Thousand Pesos (P30,000.00). Appellant filed a Notice of Appeal on 16 January 2007. [43] Before us, appellant assigned the following errors: I. THE LOWER COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF THE CRIMES CHARGED DESPITE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. II. ASSUMING ARGUENDO THAT THE ACCUSED-APPELLANT COMMITTED THE CRIMES CHARGED, THE LOWER COURT GRAVELY ERRED IN APPRECIATING THE AGGRAVATING CIRCUMSTANCE OF DWELLING THEREBY IMPOSING THE SUPREME PENALTY OF DEATH. [44] In reviewing rape cases, this Court is guided by three principles, to wit: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot draw strength from the weakness of the evidence for the defense. [45] The credibility, thus, of the complainant becomes the single most important issue. If the testimony of the victim is credible, convincing and consistent with hu