G.R. No. 130653 & 139384 - PEOPLE OF THE PHILIPPINES, VS. FRANCISCO BANIQUED, ACCUSED-.DECISION - Supreme Court E-Library

Ruling

WHEREFORE, this Court finds accused Francisco Baniqued GUILTY beyond reasonable doubt of the crime of rape as defined and penalized in Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659, in Criminal Case No. 9400 and in Criminal Case No. 9401 and hereby sentences him in EACH CASE to suffer the penalty of DEATH by lethal injection; he is further ordered to pay complainant P50,000.00 for each case as moral damages, to pay complainant the amount of P50,000.00 as exemplary damages and to pay the costs." [4] The death penalty having been imposed, the records of the case were elevated to this Court for automatic review. In his appeal brief, Francisco Baniqued contends that the trial court has gravely erred in convicting him and in sentencing him to suffer the extreme penalty. In rape cases, the credibility of the victim is normally determinative of its outcome, her sole testimony, if credible, being quite often sufficient to declare a conviction. [5] It becomes most important, therefore, to examine closely her testimony and how it is given before the trial court. The Court here reproduces, at length, her narration at the witness stand. "FISCAL CAPULONG: "Q Arlene, will you inform the Honorable Court if you still recall the day in the month of June 1996 when according to you, your father went on top of you? "A No sir. "Q What about the time when according to you in the month of June 1996 when your [father] went on top of you? "A In the early morning or early dawn, sir. "Q Incidentally Arlene, in what particular place in your residence [were] you sleeping? "A In our sala sir. "Q At the sala where you were sleeping then, were there other persons sleeping at that time? "A I [was] the only one sir. "Q What about the other persons or members of your family where [were] they sleeping? "A Upstairs sir. "Q Could you describe your residence, is it made of what or is it two storey? "A It is made of two storey. "Q Will you describe your house? "A Inside the house on the left side is the bed of my father and mother, sir. "Q This bed of your father and mother, is it on the ground floor or on the upper part of your house? "A Upper part of our house, sir. "Q What about your brothers where [were] they sleeping? "A They [were] with them sir. "Q Incidentally in June 1996 how old were you then? "A Fifteen (15) years old sir. "Q Could you tell us if you still recall what you were then wearing on that night your father went on top of you on June 1996? "A Yes sir. "Q What were you then wearing? "A T-shirt and short pants, sir. "Q According to you, your father on the night of June 1996 went on top of you, could you further explain how he went on top of you? "A He was undressed when I noticed him on top of me, and he was removing my dress, sir. "Q I supposed, you [were] sleeping when your father went beside you? "A Yes sir. "Q Now according to you, your father removed your dress, when he removed your dress. . . "COURT What was first removed. . . "FISCAL