G.R. Nos. 116596-98 - PEOPLE OF THE PHILIPPINES, VS. LORENZO TOPAGUEN ALIAS “APIAT”, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, in the appreciation of the evidence the appellate court accords due deference to the trial court's views on who should be given credence, since the latter is in a better position to assess the credibility of witnesses considering its opportunity to observe their demeanor as well as their deportment and manner of testifying during the trial. Its findings on the credibility of witnesses will be sustained by the appellate court unless the trial court overlooked, misunderstood or misapplied the facts or circumstances of weight and substance which will alter the assailed decision or affect the result of the case. [7] In this instance, none of the excepting circumstances is availing. The contention of accused-appellant that there are inconsistencies between the testimony of AAA and her sworn statement with respect to the presence of CCC as rape victim is bereft of merit. On direct examination, AAA testified - COURT: Q: The answer of the witness is Apiat made sexual intercourse with us, now what do you mean when you said that, with whom among you did Apiat make sexual intercourse? A: Me and BBB. PROSECUTOR PATNA-AN: Q: You know the family name of BBB? A: Yes sir. Q: Miss Witness, you said that the accused had sexual intercourse with you, where did this happen, what particular place? A: At his house. Q: At the house of Apiat? A: Yes sir. Q: When you said Apiat are you referring to the accused in this case? A: Yes sir. x x x x COURT: Q: What is the full name? A: Lorenzo Topaguen. x x x x PROSECUTOR PATNA-AN: Q: Miss Witness, when he told you that you will (sic) go to the bed, did you like to go to the bed, Miss Witness? A: No sir. Q: And what did you do when you did not like to go to the bed? A: He threatened us. Q: What did he say when he threatened you? A: He said that if we do (sic) not like he will (sic) kill us. Q: Do you know CCC? A: Yes. Q: Was she there in the house that time? A: Yes. Q: x x x x So how many of you were there in the house with whom Apiat had intercourse? ATTY. PADONG: We object to the question being suggestive , your honor. Witness never told of any intercourse when it comes to CCC, your honor. I believe, your honor, that the prosecution has been training this witness in such a way that he could suggest x x x x vital facts x x x x on the witness on suggesting certain facts she never testified to, I object to the manner (by) which the prosecution is trying to obtain and elicit information from the witness, if he continues, your honor, to ask questions which are suggestive to witness. PROSECUTOR PATNA-AN: We are just trying to get the testimony of the witness to find out if (in) her sworn statement she is telling the truth in this case. She already submitted her sworn statement and we are just trying to follow to bring out the details for the consideration of the court. COURT: Q: Let us get this clear x x x when you went to the house of Apiat as you have stated, how many of you went? A: We first, the two of us. Q: And th