G.R. No. 149531 - PEOPLE OF THE PHILIPPINES, VS. ERNESTO RAMIREZ, JR., Y MARQUEZ.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, judgment is hereby rendered finding accused ERNESTO RAMIREZ, JR. y MARQUEZ guilty beyond reasonable doubt of the crime of RAPE and hereby sentencing him to suffer the penalty of Reclusion Perpetua ; to indemnify the offended party in the amount of P50,000.00; to further pay her the amount of P50,000.00 as moral damages; P50,000.00 as exemplary damages and to pay the costs." [2] In the instant appeal, appellant would insist that AAA lacked credibility and that the trial court erred in giving weight and credence to her improbable testimony. The Court, unfortunately for appellant, finds no cogent justification to reverse the findings of the trial court to which an issue on credibility of witnesses is primarily addressed. A review of the records does not disclose any indication that the trial has manifestly overlooked a matter of substance or significance in making its assessment of the evidence. The admission of carnal knowledge of the complainant by appellant effectively placed upon him the burden of proving his defense by convincing evidence, [3] i.e., that the sexual congress was an act of two consenting adults. The two conflicting versions were heard by the trial court; it gave credence to the testimony of AAA as against that proffered by appellant. AAA, recalling her ordeal before the trial court, testified: "COURT: "Q That building you entered, is there a name or sign? "A I did not notice, your Honor. "PUB. PROS. REBAGAY: "Q Now, after getting out of the elevator and you saw a table there and there are also people waiting there, what happen[ed] after that? "A Ernesto Ramirez talk[ed] with somebody. "Q And, then, after talking with somebody, what happen[ed]? "A He called me and told me that he will introduce me to my prospective employer. "Q Now, were you able to talk to this prospective employer? "A There was no person in the place we entered. "Q So, what did you do when you did not find any person inside that place where you enter[ed], Madam Witness? "A Because when we enter[ed] the place I notice[d] that there was a bed. So, I ask[ed] him why he brought me there. "Q Now, let me clarify this. What is that place that you entered? "A It is a room where there was a bed. "Q So, after entering that room, what happen[ed] next if any? "A I told him to bring me to the Baliwag Transit Terminal because I am afraid [of] what he was intending to do. "Q So, what was the reply of Ernesto Ramirez, if any? "A Because I was crying and because he was also holding his gun he was telling me to stop crying and [when] I did not stop he slap[ped] my face and he was pointing his gun at me. "x x x x x x x x x "Q You said that you obey[ed], you undress[ed] yourself, what happen[ed] after that? "A And he handcuffed my right hand. "Q And how about the other handcuff, what happen[ed] to that, Madam Witness? "A The other handcuff was placed on the left hand of Ernesto Ramirez. "Q And, so after putting the handcuff on your right han