G.R. No. 184791 - PEOPLE OF THE PHILIPPINES, VS. PEDRO NOGPO, JR. A.K.A. "TANDODOY," ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, judgment is hereby rendered finding the accused, PEDRO NOGPO JR. alias "Tandodoy," GUILTY beyond reasonable doubt of the crime of rape and hereby sentences him to suffer the penalty of RECLUSION PERPETUA, and is ordered to pay the sum of Fifty Thousand (P50,000.00) Pesos as civil indemnity, and another Fifty Thousand (P50,000.00) Pesos as moral damages to the [private] complainant, (AAA). With costs de oficio. Considering that the accused has been undergoing detention during the pendency of the trial of this case, the same is hereby credited in the service of his sentence. [10] Accused-appellant filed a Notice of Appeal on 3 July 2003. Thereafter, on 28 February 2008, the Court of Appeals affirmed the RTC conviction of accused-appellant in this wise: WHEREFORE, the appealed decision of the Regional Trial Court of Naga City, Branch 25, in Criminal Case No. 2001-0724 dated June 12, 2003 is AFFIRMED. [11] Hence, this appeal. Accused-appellant, in his brief, ascribes to the trial court the following errors: I. THE TRIAL COURT GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF RAPE DESPITE THE FAILURE OF THE PROSECUTION TO PROVE HIS GUILT BEYOND REASONABLE DOUBT. II. THE TRIAL COURT GRAVELY ERRED IN NOT CONSIDERING THE DEFENSE INTERPOSED BY THE ACCUSED-APPELLANT. [12] Accused-appellant claims that the trial court gravely erred in finding him guilty beyond reasonable doubt of the crime of rape. The appeal is bereft of merit. At the time of the rape, Republic Act No. 8353 or the Anti-Rape Law of 1997, which amended Article 335 of the Revised Penal Code and classified rape as a crime against persons, was already effective. The new provisions on rape, provided under Articles 266-A, state: ART. 266-A. Rape; When and How Committed.- Rape is committed. 1) By a man who have carnal knowledge of a woman under any of the following circumstances: a) Through force, threat or intimidation; x x x. In reviewing rape cases, this Court has been guided by the following well-established principles: (a) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (b) due to the nature of the crime of rape where only two persons are usually involved, the testimony of the private complainant must be scrutinized with extreme caution; and (c) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. [13] Private complainant narrated on the witness stand how accused-appellant sexually abused her in a manner reflective of honest and unrehearsed testimony, thus: PROS. TADEO: May I proceed. Mrs. AAA, this is a continuation of your direct examination. We are already in the stage where you were awakened. You stated during the previous hearing that when your husband left your house to drive a passenger jeepney, you followed him and after you locked the doo