GR 147943; (December, 2002) (Digest)
G.R. No. 147943 December 12, 2002
People of the Philippines, plaintiff-appellee, vs. Rico B. Bagaua, accused-appellant.
FACTS
On May 31, 1997, around 9:00 a.m., private complainant Maridel Solar and her 5-year-old son went to their farm in Piat, Cagayan, to gather camote tops. Accused-appellant Rico B. Bagaua suddenly appeared, grabbed the complainant from behind, turned her around, and embraced her. She fought back, but he was too strong. He hit her stomach, causing her to fall. He undressed himself, removed her shorts and panties, and then lay on top of her. He inserted his penis into her vagina. She struggled but could not resist. Her son was present and shouting during the incident. Afterward, the accused-appellant ran away. The complainant reported the incident to the barangay captain and underwent a medical examination on the same day. Dr. Cecille C. Paragua’s findings showed erythema at the 3:00 o’clock position, old hymenal lacerations at multiple positions, and a positive vaginal smear for sperm. The accused-appellant admitted embracing and kissing the complainant but denied having carnal knowledge of her. He claimed he stopped when he noticed her son crying. He was charged with rape.
ISSUE
Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.
RULING
Yes. The Supreme Court affirmed the decision of the Regional Trial Court finding accused-appellant Rico B. Bagaua guilty beyond reasonable doubt of the crime of rape. The Court found the testimonies of the private complainant and her son to be clear, credible, and consistent on the material points of the sexual assault. The medical findings corroborated the complainant’s claim of carnal knowledge. The defense of denial was insufficient against the positive and categorical assertions of the prosecution witnesses. Minor inconsistencies in the testimonies, considering the son’s tender age and the traumatic event, did not impair credibility. The trial court’s assessment of witness credibility was accorded great respect. The penalty of reclusion perpetua was upheld. The awards of P50,000.00 as civil indemnity and P50,000.00 as moral damages were also affirmed.