G.R. No. 129298 - THE PEOPLE OF THE PHILIPPINES, VS. ROLANDO CANTOS Y ASISTIO, SR., ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing facts and circumstances, accused ROLANDO CANTOS Y ASISTIO, SR., is hereby found guilty beyond reasonable doubt of the crime of RAPE defined and penalized by Article 335 of the Revised Penal Code, as amended, and further amended by Republic Act No. 7659, and he is hereby sentenced to suffer the maximum penalty of death. Further, accused is hereby ordered to pay the victim the amount of FIFTY THOUSAND PESOS (P50,000.00) pursuant to the latest jurisprudence handed down by the Supreme Court. (People vs . Roger Laray, et. al, G.R. No. 101809, February 20, 1996) and to pay the costs of the proceedings. [8] In his lone assignment of error, accused-appellant contends that -- THE COURT A QUO GRAVELY ERRED IN FINDING THAT THE GUILT OF THE ACCUSED-APPELLANT FOR THE CRIME CHARGED HAS BEEN PROVEN BEYOND REASONABLE DOUBT. Accused-appellant maintains that the sexual intercourse between him and Remedios was consensual. He contends that the evidence of the prosecution does not show the use of force or intimidation in committing the rape as it has not been shown that in fact she suffered injuries or that her clothes were torn as a result of the commission of the crime. [9] Accused-appellant's allegations are without merit. First, since the trial court had the opportunity of observing the demeanor of the witnesses while testifying, its findings should be upheld in the absence of evidence to the contrary. [10] Indeed, the following testimony of Remedios leaves no room for doubt that she had been forced by accused-appellant to have sexual intercourse with him: PROSECUTOR CATUDIO: Q: At that time, 9:00 o'clock in the morning of January 29, 1996, while you and your stepfather were in your house at barangay Libas, San Julian, Eastern Samar, do you remember of anything unusual that happened? A: Yes, sir. Q: Please inform the court what was that unusual incident that happened? A: The unusual incident that had happened on January 29, 1969, at 9:00 o'clock in the morning is, that my stepfather was sharpening a bolo near our door and I was making nipa shingles inside our house near the door and my back was facing the door then my stepfather went inside the house to change his clothes as he was going to the farm. . . . . Q: Now, before he actually change his clothes, what happened? A: When he get inside our house he placed his bolo near me where I was making nipa singles and then he held my hand and brought me near the window and then he undressed me completely and laid me to the floor and then he also undressed himself completely. Q: Now, after he undressed you and he followed also with undressing himself, what did he do then next? A: He inserted his penis into my vagina. Q: What was his relative position to you when he was on the act of inserting his penis to your vagina? A: While my stepfather was on the act of inserting his penis into my vagina I was lying flat and he was on top of me then he inserted his penis: Q: You said he tried to