GR 107819; (December, 1993) (Digest)
G.R. No. L-107819 December 17, 1993
EFREN ANCIRO, petitioner, vs. PEOPLE OF THE PHILIPPINES and THE HONORABLE COURT OF APPEALS, respondents.
FACTS
Petitioner Efren Anciro was prosecuted for the rape of 14-year-old Gloria Dalin on February 23, 1979, in Carmona, Cavite. After trial, the Regional Trial Court convicted him, appreciating the privileged mitigating circumstance of minority (he was born on August 13, 1963) and imposing an indeterminate sentence. The conviction was based not solely on the complainant’s testimony but also on other evidence, including medical findings. The petitioner appealed, contending that his right to cross-examine the complainant was denied because her cross-examination was not finished as she had left for abroad. The trial court denied his motion to strike out her testimony, finding she had already been sufficiently cross-examined. The Court of Appeals affirmed the conviction with modifications, increasing the penalty and indemnity.
ISSUE
The principal issue is the propriety of the trial court’s denial of the motion to strike out the testimony of the private complainant, whose cross-examination was not finished because she had left for abroad.
RULING
The Supreme Court DENIED the petition and AFFIRMED the decision of the Court of Appeals. The Court held that the petitioner was not denied his right to cross-examination. The records showed the defense was afforded ample opportunity: after the direct examination on March 8, 1984, cross-examination was conducted on July 9 and July 11, 1984. The trial court has discretion to limit cross-examination and consider it terminated if it serves the ends of justice. Furthermore, even excluding the complainant’s testimony, sufficient evidence remained to establish guilt beyond reasonable doubt, including medical findings compatible with recent loss of virginity and the petitioner’s flight after the incident. The modifications by the Court of Appeals were correct: as a minor over 15 but under 18, the penalty was one degree lower than reclusion perpetua, and the indemnity was increased to P50,000.00 in accordance with prevailing policy.