G.R. No. 191253 - PEOPLE OF THE PHILIPPINES, VS. APOLINARIO MANALILI Y JOSE, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in the light of the foregoing premises, the Court finds that the prosecution was able to prove the guilt of the accused beyond reasonable doubt for the crime of Rape under Art. 266-A par. 1 of the Revised Penal Code, as amended, in relation to Sec. 5 (b) of R.A. 7610, accused Apolinario Manalili y Jose is hereby sentenced: (1) to suffer the penalty of Reclusion Perpetua; (2) to pay the minor [AAA] One Hundred Thousand (P100,000) Pesos as moral damages; and (3) to pay the costs. [18] Aggrieved, Manalili appealed to the CA raising the following assignment of errors for consideration: THE TRIAL COURT GRAVELY ERRED IN FINDING THE ACCUSED-APPELLANT GUILTY BEYOND REASONABLE DOUBT OF THE CRIME OF RAPE DESPITE THE PROSECUTIONS FAILURE TO OVERTHROW THE CONSTITUTIONAL PRESUMPTION OF INNOCENCE IN HIS FAVOR. THE TRIAL COURT GRAVELY ERRED IN RENDERING A VERDICT OF CONVICTION DESPITE THE FACT THAT THE IDENTIFICATION OF THE ACCUSED-APPELLANT AS THE ALLEGED PERPETRATOR OF THE OFFENSE CHARGED WAS NOT CLEAR, POSITIVE AND CONVINCING. [19] The CA Decision In the assailed decision, the CA affirmed with modification the judgement of conviction of the RTC. The CA ruled that the prosecution was able to prove the existence of all the essential elements of statutory rape beyond reasonable doubt. The dispositive portion of the CA decision reads: WHEREFORE, the appealed decision of the RTC of Manila, Branch 38 dated April 29, 2008 is hereby AFFIRMED WITH MODIFICATION. In addition to the imposed penalty of reclusion perpetua , appellant is hereby ordered to pay the minor victim AAA the amount of P50,000.00 as civil indemnity ex delicto, P50,000.00 as moral damages and P25,000.00 as exemplary damages. [20] Ruling of this Court This court finds no merit in the present appeal for reasons to be discussed hereunder. The Court finds no reason to disturb the decisions of the courts below. We quote with approval the pertinent disquisitions [21] of the CA as follows: Rape is essentially an offense of secrecy, not generally attempted except in dark or deserted and secluded places away from the prying eyes, and the crime usually commences solely upon the word of the offended woman herself and conviction invariably turns upon her credibility, as the prosecutions single witness of the actual occurrence. [22] As a corollary, a conviction for rape may be made even on the testimony of the victim herself, as long as such testimony is credible. In fact, the victims testimony is the most important factor to prove that the felony has been committed. [23] In reviewing rape cases, the Court had always been guided by the well-entrenched principles: (1) an accusation of rape can be made with facility and while accusation of rape is difficult to prove, it is even more difficult to disprove; (2) considering that in the nature of things, only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; and (3) the evide