Friday, March 9, 2012

Rape; credibility of the rape victim is normally respected and not disturbed on appeal - G.R. No. 191365

G.R. No. 191365

"x x x.



The primary issue in this case pertains to whether appellant’s guilt has been proven beyond reasonable doubt.  Appellant’s main defense is that the rape charges were concocted to serve as leverage for the murder case filed by appellant’s family against AAA’s father.

For the charge of statutory rape to prosper, the prosecution must prove that: (1) the accused had carnal knowledge of the woman; and, (2) that such woman is under twelve (12) years of age.[16]

In cases of rape, only two (2) persons are normally privy to its occurrence, the complainant and the accused.  Generally, the nature of the offense is such that the only evidence that can prove the guilt of the accused is the testimony of the complainant herself.  Thus, the prosecution of rape cases is anchored mainly on the credibility of the complaining witness.[17]

          The general rule is that findings of trial court relative to the credibility of the rape victim are normally respected and not disturbed on appeal, more so, if affirmed by the appellate court.   This rule may be brushed aside in exceptional circumstances, such as when the court’s evaluation was reached arbitrarily, or when the trial court overlooked, misunderstood or misapplied certain facts or circumstances of weight and substance which could affect the result of the case.[18]  After an exhaustive review of the records, we find that there is no sufficient justification to apply the exception.
x x x."