G.R. No. 127574 - PEOPLE OF THE PHILIPPINES, VS. WILFREDO SUGANO Y ALARCON, ACCUSED-. D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing considerations, accused Wilfredo Sugano y Alarcon, is hereby found guilty beyond a reasonable doubt of the crime of Rape as defined and penalized under Article 335 of the Revised Penal Code, as amended and hereby sentences him in Criminal Cases Nos. 94-1061, 94-1062 and 94-1063 to death by electrocution in each case; accused is likewise, ordered to pay Lani Sugano in each case, the amount of Fifty Thousand Pesos (P50,000.00) by way of moral damages conformably to current jurisprudence. Costs against the accused." [6] The case is before us on automatic review, accused raising a lone assignment of error: "The trial court gravely erred in giving full weight and credence to the testimony of the private complainant despite its manifest inconsistencies." Accused-appellant argues in his brief that Lani testified that she lost consciousness when her father slapped her during the first alleged rape that took place on June 30, 1994; yet she stated that she suffered extreme pain because of the insertion of her father's penis into her vagina. Lani testified that she was sexually assaulted by her father without being kissed in the neck or in the lips or touching her breast, an "unusual fashion in carrying out the lust of the accused." It is also contended that the alleged rape could not possibly have been consummated without being noticed by the other occupants of the house. Accused-appellant suggests that because Lani had a boyfriend, and ran away from home for a few days before she submitted herself to a medical examination, the positive result of the medical examination might have been borne out of the relationship with her boyfriend. Moreover, it was an unnatural reaction for Lani not to leave her home after the first alleged rape considering that her mother was nonchalant about her fate. Finally, accused-appellant claims that Liezel's testimony was rehearsed as shown by her "eloquent" replies to routine questions but she "mumble(d)" when asked "unprecedented but simple" questions. We are not persuaded by the appellant's arguments. The evidence for the prosecution consisted principally of the testimony of the complainant Lani Sugano. As regards the incident that happened on August 28, 1994, her testimony is corroborated by her nine-year old sister Liezel. This Court has time and again ruled that the sole testimony of the victim in a rape case is sufficient to sustain a conviction if such testimony is credible. [7] By the very nature of rape cases, conviction or acquittal depends almost entirely on the credibility of the complainants because of the fact that usually only two people - the accused and the complainant- can testify as to its commission. [8] We have scrutinized the testimony of the witnesses together with the evidence and find that the trial court's finding of conviction should be sustained. The testimony of the victim is clear and positive: That on June 30, 1994 at 4:00 o'clock in the morning she was sle