Criminal Case Digest: People vs Oliva, 344 SCRA 435

People vs Oliva, 344 SCRA 435
Criminal Case Digest
Digested Cases
Criminal Law 


Facts:

Lorenzo Oliva, father of the complainant M, was charged with rape and was convicted of the said crime. Accused filed an appeal and on his appeal , the accused questioned the testimony of his daughter M and further alleged that it was not him who had raped his daughter but his brother inlaw, Benjamin, who has committed the said act.

Issue:

WON the testimonies and credibility of the complainant witness is in doubt and questionable.

Held:
Courts usually give credence to the testimony of a girl who is a victim of sexual assault particularly if it constitutes incestuous rape, because normally no person would be willing to undergo the humiliation of public trial and to testify on the details of her ordeal, were it not to condemn an injustice. The gravamen of rape is carnal knowledge of a woman under any circumstances provided by law.
In addition, mere denial, if unsubstantiated by clear and convincing evidence, has no weight in law and cannot be given any greater evidentiary value than the positive testimony of a rape victim.
Wherefore, the decision of the court of appeals dated April 21, 2008, finding the accused-appellant Lorenzo Oliva, guilty beyond reasonable doubt of two counts of qualified rape and is sentenced to suffer the penalty of Reclusion Perpetua for each crime.


Post a Comment (0)
Previous Post Next Post