GR L 66572; (April, 1985) (Digest)
G.R. Nos. L-66572-73, April 25, 1985
The People of the Philippines, plaintiff-appellee, vs. Rogelio Vergara y Fadino, accused-appellant.
FACTS
The accused-appellant, Rogelio Vergara, was convicted by the Regional Trial Court of Manila for the crimes of rape and attempted rape committed against his niece, Luzviminda Infante. Luzviminda had been raised from childhood by Vergara and his wife, Virginia, who were childless, treating her as their own daughter. The rape was alleged to have occurred on October 26, 1979, when Vergara assaulted Luzviminda in their home kitchen early in the morning. The attempted rape occurred on March 3, 1980, when Vergara, naked and armed with a knife, was discovered on top of the struggling Luzviminda by his wife, Virginia, who interrupted the act.
Vergara admitted to sexual intercourse with Luzviminda but claimed it was consensual, alleging they were secret lovers. The trial court rejected this defense, finding the complainant’s testimony credible and corroborated by the medico-legal findings and, critically, by the testimony of Vergara’s own wife, who witnessed the attempted rape and supported Luzviminda’s account. The court sentenced Vergara to reclusion perpetua for rape and a prison term for attempted rape, plus moral damages.
ISSUE
The core issue is whether the trial court erred in giving credence to the testimony of the private complainant and in convicting the accused-appellant, thereby rejecting his defense of a consensual romantic relationship.
RULING
The Supreme Court affirmed the conviction, upholding the trial court’s findings of fact. The Court reiterated the settled doctrine that the conclusions of the trial court on the credibility of witnesses are entitled to great respect and are generally not disturbed on appeal. The trial judge is in the best position to assess witness demeanor and evidence firsthand. The Court found no compelling reason to deviate from this rule, as the record contained no overlooked fact or circumstance of weight that would justify reversal.
The Court emphasized the damning corroboration provided by the testimony of Virginia Vergara, the accused’s own wife. It is highly unnatural for a wife to testify against her husband, risking his imprisonment, unless convinced of his guilt. Her account of witnessing the attempted rape lent crucial credibility to Luzviminda’s narrative. Furthermore, the Court found the appellant’s claim of a consensual affair to be incongruent with Filipino cultural norms and the established familial context, describing it as “too crude to be convincing.” The relationship was one of a foster father and daughter, making the claim of a secret romance inherently unbelievable. The judgment was thus affirmed, with the modification of increasing the civil indemnity to Luzviminda Infante to P20,000.00.
