G.R. No. 145338 - THE PEOPLE OF THE PHILIPPINES, VS. ZALDY LABIANO Y PAGTAN.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of all the foregoing, judgment is hereby rendered convicting the accused Zaldy Labiano of the crime of rape as charged and hereby sentences him after taking into consideration Art. 63 of the Revised Penal Code to suffer the penalty of reclusion perpetua. "With respect to the civil aspect, the accused is hereby ordered to indemnify private complainant AAA in the amount of P75,000.00 and further to pay said private complainant the amount of P50,000.00 as moral damages." [2] The convicted accused, now appellant, seeks the reversal of his conviction. He raises two simple issues: (a) whether or not he is guilty of the crime charged, and (b) whether or not he is liable for damages. [3] Appellant argues that the trial court has erred in appreciating the testimony of AAA. As has so often been stated by this Court, the issue of credibility is a matter best addressed by the trial court which gets a good chance, unlike that of an appellate court, to observe the demeanor of the declarant at the witness stand, and that, in the absence of any fact or circumstance of substance that has apparently been overlooked, its findings on the reliability of the testimony given before it are not thus disturbed on appeal. [4] The records in this case yield no evident trace that any such significant fact or circumstance has been missed out. AAA has testified thusly: "Q Now, you stated that you noticed while you were sleeping that your plastic curtain beside your bed was moving? "A Yes, sir. "Q When you saw that the plastic curtain beside your bed was moving, what did you do? "A I looked around, sir. "Q By the way, was your room lighted at that time? "A There [was] no light then but there [was] a light coming from outside, sir. "Q There was a light coming from outside? "A Yes, sir, caused by the full moon because it was a full moon at that time. "Q You said that you looked around, what did you see? "A I saw a man, sir. "Q And when you saw a man, could you tell the Honorable Court what did you do? "A I tried to [get up] but the man immediately [held] my both hands, sir. "Q So you are telling the Honorable Court that when you saw the man, you were still lying on your bed? "A Yes, sir. "Q And you said that a man, you said that the man held your hands? "A Yes, sir. "Q In what hands did he hold [you]? "A Both hands, sir. "Q When this man held your both hands and you said that you were still lying on your bed, what did you do? "A I shouted, sir. "Q And for the record, would you mind telling this Honorable Court what you shouted? "A ` Mama, sino ka, bakit ka nandito?' "Q How many times did you shout ` mama, sino ka, bakit ka nandito? ' "A About 5 times, sir. "Q And when you shouted ` mama, sino ka, bakit ka nandito' for about 5 times, what transpired next if you can still recall? "A The man poked a knife at my neck and told me . . . "Q And when the man poked a knife at your neck what did he say? If you can still recall? "A He said `sorry ka na lang .' "Q Sorry ka