G.R. No. 127003 - THE PEOPLE OF THE PHILIPPINES, VS. FAUSTINO GABON Y CUMPA, ACCUSED-.D E C I S I O N - Supreme Court E-Library

Ruling

WHEREFORE, the Court finds accused Faustino Gabon y Cumpa GUILTY BEYOND REASONABLE DOUBT of the crime of RAPE, aggravated by the fact that the accused is the father of the complainant, and hereby sentences him to suffer the penalty of DEATH pursuant to Section 11 of R.A. No. 7659; to pay complainant Michelle Gabon the sum of P50,000.00 as moral damages, and the sum of P50,000.00 as exemplary damages, plus all the accessory penalties provided for by law, without subsidiary imprisonment in case of insolvency, and to pay the costs. "Let the entire records of this case be forwarded to the Supreme Court for automatic review." [3] In his appeal to this Court, the convicted accused assigned a lone error, i.e., that - "x x x (T)he Lower Court erred in believing the untruthful story spunned by Michelle Gabon and her sister Peewee, instead of seeing the truth in the story of Faustino. The evidence - the medico-legal report - disproves the assertation of Michelle that her father raped her on October 17, 1994." [4] In almost all rape cases, it is the word of the complainant pitted against that of the accused. The issue, being one of credibility which largely bears on the veracity of conflicting testimony, an appellate court would be justified in placing great reliance on the evaluation made by the trial court before whom the declarants are seen, heard and observed during oral testimony. In an unflinching manner, Michelle gave a detailed account of that which had befallen her. "FISCAL CAPELLAN: Madam Witness, on October 17, 1994, do you recall of any unusual incident involving yourself and your father, Faustino Gabon? "WITNESS: Yes, sir. "FISCAL CAPELLAN: And what is that incident all about? "WITNESS: I was raped by my father. "x x x x x x x x x "FISCAL CAPELLAN: Now Madam Witness, you stated earlier that you were raped by your father-accused Faustino Gabon. My question now is, where did this incident happen? Where did it happen? "WITNESS: At our house. "FISCAL CAPELLAN: And where is your house located? "WITNESS: No. 34 J. M. Basa St., Calumpang, Marikina, Metro Manila. "FISCAL CAPELLAN: And about what time was that when you were raped in your house in Marikina on October 17, 1994? "WITNESS: About 1:30 a.m. "FISCAL CAPELLAN: In what particular place of your house were you raped by your father? "WITNESS: Inside our room sir. "x x x x x x x x x "FISCAL CAPELLAN: And Madam Witness, what exactly did your father do to your person on that early morning of October 17, 1994? "WITNESS: I was sleeping at that time when I was awakened and I saw him on top of me already undressed. "FISCAL CAPELLAN: What did you do when you were awakened and discovered that your father was in the nude over you? "WITNESS: I pushed him, sir. "FISCAL CAPELLAN: And were you successful in pushing him? "WITNESS: No sir, because he was very big. "FISCAL CAPELLAN: After you failed to push him, what happened if any? "WITNESS: He tried to remove my shorts and panty and tried to insert his penis to