People vs Lucas, GR Nos. 108172-73, May 25, 1994
(233 SCRA 537)
Criminal Case Digest:
Digested Cases
Facts:
In a sworn statement
1 taken on 16 February 1991, Chanda Lucas y Austria, then seventeen years old,
charged her natural father, accused Jose Conrado Lucas, of attempted rape
committed against her on 12 February 1991. She revealed therein that she was first
raped by him when she was only nine years old, or, as disclosed in a
handwritten note at the left-hand margin of her sworn statement
On 19 February 1991, Chanda, assisted by her mother, Ofelia Austria-Lucas, filed two separate sworn criminal complaints for rape 2 and for attempted rape 3 against her father with the Regional Trial Court of Quezon City. The complaints, docketed as Criminal Cases Nos. Q-91-18465 and Q-91-18466, were subsequently assigned to Branch 104 of the said court
That on or about the 26th day of November 1982 and sometime thereafter in Quezon City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs and by means of violence and intimidation did then and there, wilfully, unlawfully and feloniously have sexual intercourse with the undersigned CHANDA LUCAS Y AUSTRIA, who was then nine (9) years old, now 17 yrs. of age, against her will, to her damage and prejudice in such amount as may be awarded to her under the provisions of the New Civil Code.
while that for attempted rape in Criminal Case No. Q-91-18466 reads:
That on or about the 12th day of February 1991, in Quezon City, Philippines and within the jurisdiction of this Honorable Court, the above named accused, did then and there wilfully, unlawfully and feloniously with lewd design and by means of force and intimidation, commence the commission of the crime of rape directly by overt acts by then and there taking advantage of complainant's tender age and innocence, by then and there putting his hand inside the panty of the undersigned and mashing her vagina while his other hand was pressing her nipples and at the same time kissing her on the lips, face and neck, thereafter accused placed himself on top of her but said accused did not perform all the acts of execution which should produce the said offense of rape by reason of the fact that the brother and sister of the undersigned was awakened and shouted upon the accused, a cause other than the spontaneous desistance of the said accused, that the aforesaid act of the said accused was done against the will of the undersigned, to her damage and prejudice in such amount as may be awarded to her under the provisions of the New Civil Code.
On 19 February 1991, Chanda, assisted by her mother, Ofelia Austria-Lucas, filed two separate sworn criminal complaints for rape 2 and for attempted rape 3 against her father with the Regional Trial Court of Quezon City. The complaints, docketed as Criminal Cases Nos. Q-91-18465 and Q-91-18466, were subsequently assigned to Branch 104 of the said court
That on or about the 26th day of November 1982 and sometime thereafter in Quezon City, Philippines and within the jurisdiction of this Honorable Court, the above-named accused, with lewd designs and by means of violence and intimidation did then and there, wilfully, unlawfully and feloniously have sexual intercourse with the undersigned CHANDA LUCAS Y AUSTRIA, who was then nine (9) years old, now 17 yrs. of age, against her will, to her damage and prejudice in such amount as may be awarded to her under the provisions of the New Civil Code.
while that for attempted rape in Criminal Case No. Q-91-18466 reads:
That on or about the 12th day of February 1991, in Quezon City, Philippines and within the jurisdiction of this Honorable Court, the above named accused, did then and there wilfully, unlawfully and feloniously with lewd design and by means of force and intimidation, commence the commission of the crime of rape directly by overt acts by then and there taking advantage of complainant's tender age and innocence, by then and there putting his hand inside the panty of the undersigned and mashing her vagina while his other hand was pressing her nipples and at the same time kissing her on the lips, face and neck, thereafter accused placed himself on top of her but said accused did not perform all the acts of execution which should produce the said offense of rape by reason of the fact that the brother and sister of the undersigned was awakened and shouted upon the accused, a cause other than the spontaneous desistance of the said accused, that the aforesaid act of the said accused was done against the will of the undersigned, to her damage and prejudice in such amount as may be awarded to her under the provisions of the New Civil Code.
On the witness
stand, the accused testified that he and Chanda's mother, Ofelia Austria, are
not married; however, since 1969, they had been living together as husband and
wife until 1972, when he was detained for alleged gunrunning and when Ofelia
and the children moved to Cotabato. He denied having raped his second
daughter, Chanda, and alleged that the brothers and sisters of Ofelia,
particularly Leonardo Austria, were all angry at him and instigated the filing
of the fabricated charges against him. On 28 October 1992, the trial court
promulgated its decision 16 in the two cases finding the accused guilty beyond
reasonable doubt of two crimes of rape.
On 4 November 1992, the accused filed a notice of appeal. 18 In his brief submitted to this Court, he alleges that the trial court erred:
I
. . . IN GIVING UNMERITED VERACITY TO THE INCREDIBLE, UNPERSUASIVEAND UNRELIABLE TESTIMONIES OF THE PROSECUTION
WITNESSES AND IN DISREGARDING THE
EVIDENCE ADDUCED BY THE DEFENSE.
II
. . . IN CONVICTING HIM OF THE CRIME OF RAPE IN CRIMINAL CASE NO. Q-91-18466 INASMUCH AS THE SAME IS MORE SERIOUSTHAN
THE OFFENSE CHARGED.
III
. . . IN CONVICTING ACCUSED-APPELLANT OF THE CRIME OF RAPE IN CRIMINAL CASE NO Q-91-18465 DESPITE THEFACT THAT
HIS GUILT WAS NOT PROVED BEYOND REASONABLE DOUBT. 19
On 4 November 1992, the accused filed a notice of appeal. 18 In his brief submitted to this Court, he alleges that the trial court erred:
I
. . . IN GIVING UNMERITED VERACITY TO THE INCREDIBLE, UNPERSUASIVE
II
. . . IN CONVICTING HIM OF THE CRIME OF RAPE IN CRIMINAL CASE NO. Q-91-18466 INASMUCH AS THE SAME IS MORE SERIOUS
III
. . . IN CONVICTING ACCUSED-APPELLANT OF THE CRIME OF RAPE IN CRIMINAL CASE NO Q-91-18465 DESPITE THE
issue: wether or not
the guilt of the accused was proven beyond reasonable doubt
IN CONVICTING HIM OF THE CRIME OF RAPE IN CRIMINAL CASE NO. Q-91-18466 INASMUCH AS THE SAME IS MORE SERIOUSTHAN THE OFFENSE CHARGED.
the court UNMERITED VERACITY TO THE INCREDIBLE, UNPERSUASIVEAND
UNRELIABLE TESTIMONIES OF THE PROSECUTION WITNESSES AND
IN DISREGARDING THE EVIDENCE ADDUCED BY THE DEFENSE.
IN CONVICTING HIM OF THE CRIME OF RAPE IN CRIMINAL CASE NO. Q-91-18466 INASMUCH AS THE SAME IS MORE SERIOUS
the court UNMERITED VERACITY TO THE INCREDIBLE, UNPERSUASIVE
Held: In rape cases, this Court has been guided by three well-entrenched principles: (1) an accusation for rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) in view of the intrinsic nature of the crime of rape where only two persons are usually involved, the testimony of the complainant must be scrutinized with extreme caution; and (3) the evidence for the prosecution must stand or fall on its own merits and cannot be allowed to draw strength from the weakness of the evidence for the defense. 23
Conclusions as to the credibility of witnesses in rape cases lie heavily on the sound judgment of the trial court. Accordingly, in the appreciation of the evidence, the appellate court accords due deference to the trial court's views on who should be given credence since the latter is in a better position to decide the question of the credibility of witnesses, having seen and heard these witnesses and observed their deportment and manner of testifying during the trial. The trial court's findings concerning the credibility of witnesses carry great weight and respect and will be sustained by the appellate court unless the trial court overlooked, misunderstood or misapplied some facts or circumstances of weight and substance which would have affected the result of the case. 24
After a careful examination of the records and the evidence, we are unable to find any cogent reason to disturb the finding of the trial court that the accused raped his daughter, Chanda, on 26 November 1983 and 12 February 1991.
