G.R. No. 136141 - PEOPLE OF THE PHILIPPINES, VS. DOMINGO TUPAZ Y CASTOR, JR., ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, finding the accused DOMINGO CASTOR TUPAZ, JR. guilty beyond reasonable doubt for the offense of rape as charged in Criminal Case No. 237-95, the Court hereby sentences him to suffer the penultimate penalty of DEATH by lethal injection, as so provided under Republic Act No. 7659, and to indemnify AAA P 50,000.00. Aggrieved by the decision, Domingo Tupaz, Jr. interposed the instant appeal [11] raising the following assignment of errors: I THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED OF THE CRIME CHARGED DESPITE THE GROSSLY INCONSISTENT TESTIMONY OF THE PRIVATE COMPLAINANT. II GRANTING THAT ACCUSED-APPELLANT IS GUILTY, THE TRIAL COURT GRAVELY ERRED IN IMPOSING THE SUPREME PENALTY OF DEATH DESPITE FAILURE OF THE PROSECUTION TO PROVE THE PRIVATE COMPLAINANTS MINORITY. Accused-appellant points out that private complainant stated on direct examination that she was alone in the house when her father raped her while she admitted on cross that her two younger siblings were present then. Likewise, her declaration on direct examination to the effect that she informed her mother about the rape ran counter to her subsequent statement that she kept the matter to herself. Moreover, private complainant could not recall with certainty the date of the first rape and she gave conflicting accounts of the number of times the sexual assault was repeated prior to May 7, 1995. Regarding the second assigned error, accused-appellant claims that no other evidence was presented by the prosecution to establish the age of the private complainant, aside from her testimony. Representing the Appellee, the Office of the Solicitor General (OSG) counters that the alleged contradictions in the testimony of the private complainant are minor inconsistencies that do not detract from her credibility. Regarding the minority of the private complainant, her undisputed testimony shows that she was only 16 years old at the time of the sexual assault, thus, the trial courts decision should be affirmed in toto [12] . In the review of rape cases, this Court is almost invariably guided by the following principles: (1) an accusation for 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 two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution, and (3) the evidence of the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. [13] Summing up, the crucial issue in any prosecution for rape is always the credibility of the private complainant. For as long as the complainants testimony meets the test of credibility, the accused may be convicted on the basis thereof. [14] After a painstaking review, this Court agrees with the trial court in giving credence to the private complainants testimony as against t