G.R. Nos. 145034-35 - PEOPLE OF THE PHILIPPINES, VS. PEDRO INTONG Y AGAPAY.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, premise considered, finding accused Pedro Intong guilty beyond reasonable doubt of having committed the crime of RAPE in CRIMINAL CASE NO. 36-05 as defined and penalized under Article 335 of the Revised Penal Code as amended by Article 266-A and 266-B of Republic Act 8353 in relation to R.A. 7610 with the attending ( sic ) or presence of three qualifying aggravating circumstances, namely: 1) that victim Genalyn Camporedondo is below 12 years old; 2) that the crime of rape was committed with the use of a deadly weapon; and 3) that the crime of rape was committed in the house or dwelling place of victim Genalyn Camporedondo, and likewise the presence of the generic aggravating circumstance that the crime of rape was committed in the presence of Gino Camporedondo, a brother of victim Genalyn Camporedondo, this is so because this aggravating circumstance was not alleged in the Information although it was proven, accused Pedro Intong is hereby sentenced to a penalty of DEATH. Pedro Intong is hereby directed to pay the amount of P75,000.00 as civil indemnity and the additional amount of P50,000.00 as moral damages to Genalyn Camporedondo and to her parents. In CRIMINAL CASE NO. 36-09, accused Pedro Intong is found guilty beyond reasonable doubt of having committed the crime of RAPE as defined and penalized under Article 335 of the Revised Penal Code as amended by Article 266-A and 266-B of Republic Act 8353 in relation to section 11 of R.A. 7659, with the presence of qualifying aggravating circumstances, namely: 1) that victim Genalyn Camporedondo is below 12 years old, and 2) that the crime of rape was committed with the use of a deadly weapon, and likewise also, with the presence of two generic aggravating circumstances, namely: 1) that the crime of rape was committed in the presence of the brother of the victim, Gino Camporedondo, and 2) that the crime of rape was committed in the house or dwelling place of victim Genalyn Camporedondo hese are considered only as generic aggravating circumstances for the same are not alleged in the Information although they were proven, accused Pedro Intong is hereby sentenced to a penalty of DEATH. Pedro Intong is hereby directed to pay to Genalyn Camporedondo and [her] parents the amount of P75,000.00 as civil indemnity and the additional amount of P50,000.00 as moral damages. [5] Appellant, through the Public Attorneys Office, interposed a lone assignment of error; viz : THE TRIAL COURT ERRED IN CONVICTING THE ACCUSED-APPELLANT OF RAPE WHEN THE LATTERS GUILT WAS NOT PROVEN BEYOND REASONABLE DOUBT. [6] Appellant focuses much on the question of credibility of the witnesses for the prosecution. This Court has consistently held, however, that such an issue is, by and large, within the proper competence of the trial court. The credibility of a witness is a matter best left to the trial court because of its peculiar position of being able to observe his deportment on the stand while testifying, an opp