G.R. No. 138235 - THE PEOPLE OF THE PHILIPPINES, VS. ROBERTO PALERO Y DELOS SANTOS, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, in view of the foregoing, the prosecution having proved the guilt of the accused beyond reasonable doubt, accused is hereby found guilty of the crime of rape filed against him. The rape having been committed on May 1996, and applying the above-quoted provision of Republic Act No.7659, accused Roberto Palero is hereby sentenced to the penalty of death and to indemnify the private complainant, Gigi Palero the amount of P50,000.00 and to pay the cost." [6] In the instant automatic appeal to the Court, accused-appellant raised a lone assignment of error - "THE LOWER COURT ERRED IN FINDING THE ACCUSED GUILTY OF THE CRIME OF RAPE UNDER ARTICLE 335 OF THE REVISED PENAL CODE AS AMENDED BY REPUBLIC ACT 7659" [7] - questioning the veracity of the account of private complainant and asserting that the court a quo erred in giving undue reliance thereon. Accused-appellant theorizes that a wisp of a girl, such as private complainant, consumed with thoughts of revenge for the corporal punishment inflicted on her, has decided to go through the inconvenience of getting herself estranged from her family, to stay at the unfamiliar surroundings of the DSWD Center for Girls, to concoct a story of her defilement embellished with elaborate details, to bear the humiliation of being subjected to physical examination and undergo the rigors of a public trial, and to have her father suffer in prison. These speculations certainly invite incredulity and give too much credit to an unusual cunning of a mere 13-year old provincial lass. Rape, indeed, is hard to prove and even harder to disprove. It is no less true when both protagonist and antagonist live under one roof and are expected, under societal norms, to conduct themselves with the affinity and intimacy befitting those of close consanguinity. In incestuous rapes, the ties that bind the family are also the same ties that gag its members to a conspiracy of silence. While the option of seeking justice could vindicate her rights, the choice would nevertheless lead to the paradoxical consequence of wrecking the family and the family honor with the stigma that societal taboo such as incestuous rape brings. This no-win situation is often the reason why victims of incestuous rapes would rather bear than not their degradation in obscurity. For the brave few who do come forward and bear the burden that accompany such a choice, it can rightly be assumed that they do so for no greater reason than to seek justice. Thus, the testimony told at high personal cost cannot easily be ignored by bare denial. Understandably, the self-serving version of an accused cannot prevail over the positive assertion of the victim. In a prosecution for rape, the complainant's credibility becomes the single most important issue and, when her testimony meets the test of credibility, an accused may be convicted solely on the basis thereof. [8] Surely, the account of the victim, detailing the sexual assault on her, can only be given by one who has