G.R. Nos. 145309-10 - PEOPLE OF THE PHILIPPINES, VS. VIRGILIO FLORES Y AQUINO.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds accused VIRGILIO FLORES Y AQUINO GUILTY beyond reasonable doubt of the crime of RAPE on two (2) counts as charged in the Informations, and is hereby sentenced to suffer the supreme penalty of Death in each case and indemnify the private complainant Loribelle Ruth Flores Fifty Thousand (P50,000.00) Pesos, also in each case, plus the costs of suits. Hence, this appeal. Appellant raises the following assignments of error: I THE COURT A QUO ERRED IN GIVING DUE WEIGHT AND CREDENCE TO THE UNRELIABLE AND UNCORROBORATED TESTIMONY OF THE COMPLAINING WITNESS, THEREBY CASTING GRAVE DOUBT AS TO THE CRIMINAL CULPABILITY OF THE ACCUSED-APPELLANT. II THE TRIAL COURT ERRED IN NOT GIVING CREDENCE AND WEIGHT TO THE OPINION OF AN EXPERT WITNESS THAT NO PENETRATION OCCURRED WHETHER EXTERNAL OR INTERNAL ON THE PART OF THE VICTIM TO PRECLUDE THAT RAPE WAS COMMITTED AGAINST THE COMPLAINANT. At the core of the instant review is the credibility of the alleged victim, Loribelle. Appellant assails her narration of the alleged sexual assaults as not worthy of belief for being contrary to human nature and experience. Appellant claims that the single bed where all the members of his family slept side by side that night in April, 1995 was soft. Hence, it was impossible for his wife and four children not to be roused from sleep by the constant movement since, per testimony of his daughter, she was allegedly evading him at the time he was attempting to insert his penis into her vagina. When credibility is at issue, this Court generally defers to the findings of the trial court, considering that it was in a better position to pass judgment on the credibility of witnesses, having personally heard them when they testified and observed their deportment and manner of testifying. There are of course exceptions to this rule, such as when the evaluation was reached arbitrarily or when the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which, if considered, would affect the result of the case. [9] After a careful consideration of the evidence, we affirm appellant's conviction. The uncorroborated testimony of Loribelle was sufficient to establish the guilt of the appellant beyond reasonable doubt. Her testimony was clear, categorical and convincing, and therefore credible. We quote from her testimony: ATTY. OCHAVE: At the last hearing last March 5, 1997, you testified that you were raped by your father, the accused Virgilio Flores sometime on April 1995, is this correct? A Yes, sir. xxx xxx xxx Q And, how did it happen? A I was asleep but I was suddenly awakened when I felt that my father was on top of me. Q What happened after you felt that your father was on top of you? A He kissed my neck, the side of my lips. Q What happened next after he kissed you? A He touch (sic). Q What did he touch? A My flower. Q What do you mean by flower? A My pek-pek. Q After he touched your pek-pek, what happened next? A