G.R. No. 137366 - PEOPLE OF THE PHILIPPINES, VS. ROMEO MOLE Y SANTOS.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds Romeo Mole y Santos GUILTY beyond reasonable doubt of the crime of rape. Accordingly, accused Romeo Mole y Santos is hereby sentenced to RECLUSION PERPETUA and to INDEMNIFY private complainant AAA in the amount of P50,000.00 and to pay the costs. [20] In his brief, appellant assigns the following errors to the trial court: . . . . In deciding the case by mere confusion or supposition, and in failing to consider certain unrebutted substantial matters of facts tending to show the non-occurrence or at least a doubtful occurrence of rape. . . . . In failing to apply the rule that in case of doubt, the same must be resolved in favor of the accused. [21] In rape cases, it is the primordial duty of the prosecution to present its case with clarity and persuasion to the end that conviction becomes the only logical and inevitable conclusion. [22] And the credibility of the private complainant is of vital importance for, in view of the peculiar nature of rape, conviction or acquittal rests entirely upon her. [23] It has thus become doctrine that the accused may be convicted even solely on the basis of the victim's testimony provided that the testimony is clear, credible, convincing, unshaken by rigid cross-examination and unflawed by inconsistencies or contradictions in its material points. [24] Although the findings of trial courts are normally respected and not disturbed on appeal, [25] inconsistencies in the testimony of AAA put serious doubts on her claim of rape, compelling this Court to reverse appellant's conviction. Thus, on direct examination, she related that appellant, who was naked from waist down, lay on top of her after removing her underwear, whereupon she lost consciousness; and that after she regained consciousness, her entire body, including her vagina, was aching. She thus concluded that she was raped: Q You mean Madam Witness that after your panty was removed and accused was able to l[ay] you down [o]n the floor you lost consciousness and you don't remember anything? A Yes, sir. Q Prior [to] you[r] los[s of] consciousness, what was the accused doing [to] you that you could remember? A I just felt that there was something heavy on my breast, sir. x x x Q What was the condition of your body when you regained consciousness? A I felt pain all over my body, sir. Q What particular portion of your body was aching or suffering from pain? A My whole body and also my vagina, sir. Q Do you know of any reason why your vagina is aching? A Yes, sir. Q What was that? A He raped me, sir. [26] (Emphasis supplied) On cross-examination, AAA gave the following account: ATTY. OLIVA Q You testified Madam Witness on direct examinatio[n] that the last time you were conscious that you felt that the accused was on top of you, is that correct? A Yes, sir. Q You also testified that you lost consciousness and that when you regained consciousnes[s] the accused ha[d] left already, am I right, Madam Witness? A Yes, sir. Q Now, my question, Ma