G.R. No. 137714 - PEOPLE OF THE PHILIPPINES, VS. ROBERTO BANIGUID Y PASSION, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

Accordingly, accused-appellant took complainant with him to Manila, where they stayed in the house of his Kumpareng Domeng (Dominador Reyes) in Gatchalian Extension, MIA, Pasay City. Accused-appellant claimed that on the night of their arrival, complainant slept with his kumare, Edna Lopez, who lived in a place about 20 minutes walking distance from the house. Accused-appellant stated that, on June 17, 1996, he saw complainant at the house of his Kumpareng Domeng high on drugs so he advised her to go home to his Kumareng Edna (Edna Lopez). According to him, in the evening of that day, he saw complainant on board a police mobile with policemen who were looking for him because his daughter had complained that he raped her. When he tried to talk to her daughter, the policemen prevented him from doing so. At the police station, accused-appellant was unable to explain his side. Accused-appellant testified that complainant did not know what to say regarding his daughters complaint so police officers coached her on what to indicate in her sworn statement. He claimed that someone in the police station took complainants hand and made her point to him as the perpetrator of the rape. [8] On February 15, 1999, the trial court rendered its decision, the dispositive portion of which reads: [9] IN THE LIGHT OF ALL THE FOREGOING, judgment is hereby rendered finding the Accused guilty of the crime of Rape defined in and penalized by Article 335, as amended by Republic Act 7659 and hereby sentences the said Accused to suffer the supreme penalty of DEATH. Conformably with the Decision of our Supreme Court in People versus Esteban Victor, G.R. No, 127903, July 9, 1998, the Accused is hereby ordered to pay the private complainant the amount of P75,000.00 by way of actual damages and to pay the costs. SO ORDERED.