G.R. No. 144161 - THE PEOPLE OF THE PHILIPPINES, VS. MAXIMO CRISTOBAL Y NORA ALIAS “TOTOY”, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premises considered, judgment is hereby rendered finding accused Maximo Cristobal y Nora guilty beyond reasonable doubt of the crime of Rape (Violation of Art. 266-A, par. 1 in relation to Art. 266-B, par. 2 of RA 8353) and sentencing him to suffer the penalty of Reclusion Perpetua and to indemnify the private complainant Maria Juana del Rosario in the amount of P50,000.00 as moral damages and to pay the costs. [9] Hence this appeal. Accused-appellant contends that THE COURT A QUO COMMITTED A REVERSIBLE ERROR IN CONVICTING ACCUSED-APPELLANT ON THE BASIS OF THE INCREDIBLE AND INCONSISTENT STATEMENTS OF THE PROSECUTION WITNESSES. THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME OF RAPE HAS BEEN PROVEN BEYOND REASONABLE DOUBT. [10] The contentions are devoid of merit. By the very nature of the crime of rape, conviction or acquittal depends entirely on the credibility of the complainants testimony because of the fact that only the participants can testify regarding its occurrence. [11] In this case, Maria Juana del Rosario described how, with force and intimidation, accused-appellant succeeded in having carnal knowledge of her. She said: Q: You said you were awakened from your sleep that early morning of June 3, 1999 past 12:00 oclock when you felt somebody on top of you, do you confirm that? A: Yes, sir. Q: When you felt that somebody was on top of you, what did you do? A: I elbowed him, sir. Q: And then, what happened next? A: He told me not to make noise, sir. Q: When he told you not to make noise, what did you do? A: I told him, ano ba and then he told me, Hwag kang maingay kung hindi mamasakerin ko kayong lahat, sir. Q: What else transpired, Madam witness? A: I felt that a sharp instrument was poked on my neck, sir. Q: Was it on the left or right side of your neck? A: Left side, sir. Q: What else transpired? A: He transferred me to another place, sir. Q: Where? A: Near my son, sir. Q: Whom are you referring to? A: Near Jasper, sir. . . . . Q: When this person pointed to you a sharp instrument on your neck and told you, Hwag kang maingay kung hindi mamasakerin ko kayo, what did you do? A: I did not do anything because I was frightened, sir. . . . . Q: Now, did you come to know who was that person who threatened you with that sharp instrument on your neck? A: Yes, sir. Q: Who? A: Maximo Cristobal, sir. Q: How were you able to identify him? A: I noticed him because of his voice and when he brought me near the window and when he jumped off the window, sir. . . . . Q: Now, after bringing you near the window, about two steps away from your youngest son Jeffrey, what happened? A: He removed my panty, sir. Q: What do you mean by salawal? A: He removed my shorts and then my panty, sir. Q: And then, what else transpired? A: After that, he kissed me, sir. Q: By the way, what hand did he use in removing your shorts and panty? A: His right hand, sir. Q: And what was he holding on his left h