G.R. No. 205888 . August 22, 2018.
PEOPLE OF THE PHILIPPINES, PLAINTIFF-APPELLEE, V. XXX, ACCUSED-APPELLANT.

FACTS

The accused-appellant XXX was charged with one count of attempted rape and four counts of rape against his daughter, AAA. The charges stemmed from incidents in 1999 and 2001. AAA testified that on July 18, 1999, her father attempted to rape her while she slept. She further alleged that on April 8, 2001, her birthday, he succeeded in raping her. She also detailed three separate rape incidents occurring on the evening of April 15, 2001. During trial, however, AAA died on January 4, 2003, before she could be cross-examined by the defense. The Regional Trial Court convicted XXX of three counts of rape and one count of attempted rape, but acquitted him of one rape charge due to reasonable doubt. The Court of Appeals affirmed the convictions for three counts of rape but reversed the conviction for attempted rape, citing failure to prove the victim’s age as an element of attempted rape under the relevant law.

ISSUE

The core issue is whether the guilt of the accused-appellant for three counts of rape was proven beyond reasonable doubt despite the victim’s death before cross-examination and the consequent admission of her entire direct testimony.

RULING

Yes, the conviction is affirmed. The Supreme Court held that the death of a witness before cross-examination does not automatically render their direct testimony inadmissible. The testimony already given is subject to the usual tests of credibility and can be accorded probative value if found credible and trustworthy by the trial court. In this case, the RTC found AAA’s testimony to be clear, candid, and consistent. The factual details she provided about the abusive incidents were spontaneous and unshaken. The Court emphasized that testimonies of child-victims of rape are given full weight and credit, as youth and immaturity generally make them incapable of fabricating tales of sexual abuse. The defense of denial and alibi presented by XXX was weak and uncorroborated, and could not prevail over the positive and credible identification by the victim. The failure to cross-examine AAA went to the weight, not the admissibility, of her testimony. The trial court’s assessment of her credibility is entitled to great respect. Consequently, all elements of rape through sexual intercourse by a father against his minor daughter were sufficiently established by her credible testimony for the three incidents on April 8, 2001, and two incidents on April 15, 2001. The Court modified the penalties and awarded civil indemnities, damages, and interest accordingly.