G.R. No. 182549 Case Digest

G.R. No. 182549, January 20, 2009

People of the Philippines, plaintiff-appellee,

vs Sergio Lagarde, accused-appellant.

Ponente: Velasco, Jr.

Facts:

This is an appeal seeking for the reverse of decision of the Court of Appeals affirming the judgment of conviction for rape by RTC Leyte.

Lagarde was charged with rape in an information stating that: On December 27, 2001 in Leyte, deliberate and of use of force and intimidation rape an 11 year-old. Upon arraignment, Lagarde pleaded not guilty.

During trial, prosecution presented testimony of the minor and her the doctor who examined her after the incident. Defense presented Lagarde denial contending that he didn't left the house of Lolita during the fiesta celebration, that he had a drinking spree with the other visitors.

The RTC found AAA’s testimony credible, noting that at her age, it is inconceivable for her to concoct a tale of having been raped. Her accusation, according to the RTC, was supported by medical findings that she was indeed sexually abused. The lower court dismissed accused-appellant’s denial and alibi. Lolita’s testimony was likewise disbelieved not only because she was related to accused-appellant but also because she herself was busy drinking tuba in another part of the house. She could not categorically say, the RTC added, that accused-appellant did not leave his seat and molest AAA. 

The appellate court upheld the trial court’s findings of fact and judgment of conviction. With regard to the penalty, however, the CA ruled that the trial court erred when it imposed the death sentence on the basis of the following aggravating circumstances: minority, use of bladed weapon, and uninhabited place. Aside from the abolition of the death penalty, the CA held that:

It is basic in criminal procedure that the purpose of the information is to inform the accused of the nature and cause of the accusation against him or the charge against him so as to enable him to prepare a suitable defense. It would be a denial of the right of the accused to be informed of the charges against him, and consequently, a denial of due process, if he is charged with simple rape and convicted of its qualified form punishable by death although the attendant circumstances qualifying the offense and resulting in capital punishment were not set forth in the indictment on which he was arraigned. More importantly, they are not the circumstances that would call for the application of death penalty.

Issues: (1) the court gravely erred in finding the guilt of the accused (2) the court gravely erred in imposing upon the accused the penalty of reclusion perpetua.

Ruling: Appeal has no merit.

In rape cases, courts are governed by the following principles: (1) an accusation of rape can be made with facility; it is difficult to prove but more difficult for the person accused, though innocent, to disprove; (2) due to the nature of the crime of rape in which 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. Due to the nature of this crime, only the complainant can testify against the assailant. Accordingly, conviction for rape may be solely based on the complainant’s testimony provided it is credible, natural, convincing, and consistent with human nature and the normal course of things.

The trial court observed that AAA’s testimony was credible, straightforward, clear, and convincing. She ably identified accused-appellant as her attacker and described in detail how she was sexually assaulted. There is no reason a child would fabricate such a serious accusation such as rape and risk public humiliation if not to seek justice. It is for this reason that testimonies of child-victims are normally given full weight and credence, since when minors say they were raped, they say in effect all that is necessary to show that rape was committed.

The victim’s credibility is further bolstered by the immediate reporting of the incident to her mother and subsequently to the authorities. Moreover, the medical findings of Drs. Oyzon and Palencia-Jadloc established the fact that complainant had sexual intercourse.

Accused-appellant, on the other hand, could only offer denial and alibi as defenses. His alibi that he spent the afternoon drinking with other visitors does not deserve merit since he was present in the same house where the victim was. 

It is a basic constitutional right of the accused persons to be informed of the nature and cause of accusation against them. It would be a denial of accused-appellant’s basic right to due process if he is charged with simple rape and consequently convicted with certain qualifying circumstances which were not alleged in the information.

The appellate court correctly ruled that the use of a bladed weapon and uninhabited place are not circumstances that would call for the imposition of the death penalty. 

The victim’s minority does not also qualify the offense to merit the death penalty. To warrant a death sentence, the victim must be under seven (7) years of age.