G.R. No. 201151 - PEOPLE OF THE PHILIPPINES, VS. NESTOR SUAREZ Y MAGTAGNOB, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

accordingly, thus: WHEREFORE, finding NESTOR SUAREZ y MAGTAGNOB guilty beyond reasonable doubt of rape, he is, hereby, sentenced to suffer the penalty of reclusion perpetua and to pay AAA Fifty Thousand (P50,000.00) Pesos as civil indemnity, Fifty Thousand (P50,000.00) Pesos as moral damages and Twenty-Five Thousand (P25,000.00) Pesos as exemplary damages. [12] Appellant filed a Notice of Appeal. On 23 September 2011, the Court of Appeals rendered its decision affirming appellant's conviction, but with modification as to damages awarded to the victim. The dispositive portion of the decision states: WHEREFORE, premises considered, the assailed Judgment of the the Regional Trial Court (RTC), Branch 43, Virac, Catanduanes, finding accused-appellant guilty beyond reasonable doubt of the crime of Rape in Criminal Case No. 4089, is hereby AFFIRMED with the following MODIFICATIONS: The award for civil indemnity is increased to P75,000.00; The award for moral damages is increased to P75,000.00; and The award for exemplary damages is increased to P30,000.00. [13] We affirm the decision of the Court of Appeals with modifications. The conviction or acquittal of one accused of rape most often depends almost entirely on the credibility of the complainant's testimony. By the very nature of this crime, it is generally unwitnessed and usually the victim is left to testify for herself. Her testimony is most vital and must be received with the utmost caution. When a rape victim's testimony, however, is straightforward and marked with consistency despite grueling examination, it deserves full faith and confidence and cannot be discarded. Once found credible, her lone testimony is sufficient to sustain a conviction. [14] The trial court, as affirmed by the Court of Appeals found the testimony of AAA credible. We, too, affirm the finding of credibility considering that AAA's narration is clear, spontaneous, and straightforward, thus: PROS. MOSATALLA Q: [AAA], on December 21, 2008 at around 10:00 o'clock in the evening, do you remember where you were? A: I was in our house, ma'am. Q: What were you doing then? A: I was sleeping, ma'am. Q: Where were you sleeping? A: In our house, in my room. Q: Where is your house located? A: At [XXX XXX, XXX], Catanduanes. Q: Who were with you during that time? A: My youngest sister, [CCC]. Q: How old is your sister? A: She is twelve (12) years old. Q: During that time that you were sleeping, do you remember where is your sister? A: She was beside me, ma'am. Q: At around 10:00 o'clock in the evening on that date, do you remember any untoward incident that happened? A: Yes, ma'am. Q: What is that incident, can you tell us? A: I just awakened when I felt somebody mashing my breast and I saw my uncle on top of my legs only wearing brief and then, I asked my uncle where is my sister and he answered "dai ka na magpalibok, tibaad anong mangyaring kalaen sa tugang mo " (At the same time the witness is demonstrating with the used of her hand