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:
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.
