PEOPLE VS EZPERANZA
Criminal Case
Digest
Digested Cases
Criminal Law
The case is an automatic review for the consolidated
decision of 24 June 1999 of the Regional Trial Court, Branch 13, Ligao, Albay,
in Criminal Cases Nos. 3680-3687, finding appellant Nelson Esperanza guilty
beyond reasonable doubt of eight counts of rape committed against his
12-year-old niece Irma P. Esperanza and sentencing him in each count to suffer
the penalty of death and to pay the amount of P50,000 for the
civil aspect of the case.
On June 16, 1997, at about 4:00 oclock in the morning,
at Brgy. Balinad, Municipality of Polangui, Province of Albay,
Philippines, Nelson Esperanza thru force
and intimidation, and with lewd design, did then and there willfully,
unlawfully and feloniously had sexual intercourse with his niece, IRMA P.
ESPERANZA, who is of tender age, she being only 13-years old, against her will
and consent, to her damage and prejudice
Nelson
argues that Irma's testimony should not be given weight for being obviously
rehearsed, as shown by her identical answers as to the time, place, and manner
the rapes were committed. He also asserts that Irma's testimony bore several
inconsistencies
ISSUES: WON THE TRIAL COURT ERRED IN GIVING FULL FAITH
AND CREDENCE TO THE OBVIOUSLY REHEARSED AND EQUALLY INCONSISTENT TESTIMONY OF
THE PRIVATE COMPLAINANT ANENT THE CRIMES CHARGED.
WON THE TRIAL COURT ERRED IN
CONVICTING THE ACCUSED-APPELLANT OF EIGHT (8) COUNTS OF RAPE.
Time and again we have held that the factual findings
of the trial court, especially on the credibility of witnesses, are accorded great
weight and respect and will not be disturbed on appeal.28
The
fact that the series of rape had been committed in almost the same manner and
the same time is nothing extraordinary and does not necessarily render the
testimony of Irma incredible.[37 In rape cases, the lone testimony of the
offended party, if free from serious and material contradictions, is sufficient
to sustain a verdict of conviction. In the cases at bar, considering the age of
the victim, it is unlikely that her narration is merely the product of a
scheming and malicious mind. No woman would openly admit that she was raped and
consequently subject herself to an examination of her private parts, undergo
the trauma and humiliation of a public trial, and embarrass herself with the
need to narrate in detail how she was raped, if she was not raped at all.
