G.R. No. L-74479 April 24, 1989
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. CONCORDIO SARDA, accused-appellant.

FACTS

On March 31, 1985, in an isolated bamboo grove in Barangay Pili, Almeria, Leyte, twelve-year-old Venus Sabornido was gathering bamboo with her stepfather, appellant Concordio Sarda. Her mother had left to get food. Appellant called Venus, held her hand, and declared his intent to “use” her. When she cried and struggled, he unsheathed his bolo, pointed it at her neck, and threatened to kill her if she made noise. He pushed her to the ground, removed her underwear, and forcibly had sexual intercourse with her despite her resistance. Afterward, he warned her not to tell anyone. Venus immediately reported the rape to her mother upon returning home. The next day, they filed a police report, and a medical examination revealed fresh lacerations and the presence of sperm cells, corroborating the assault.
The appellant denied the charge, claiming he and the complainant had a consensual amorous relationship for three months and that the accusation arose only because they were caught in the act. The trial court, however, found the testimony of the young victim straightforward, convincing, and consistent. It noted her immediate report, the medical findings, and the appellant’s failure to return home after the incident as indicators of the truth of her account. The court convicted Sarda of rape aggravated by the use of a deadly weapon and the crime’s commission in an uninhabited place, initially imposing the death penalty.

ISSUE

Whether the trial court erred in convicting the accused-appellant of the crime of rape.

RULING

The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the credibility of the witnesses, finding no reason to deviate from its findings. The appellant’s defense of a consensual affair was deemed contrary to human experience and unworthy of belief. It is unthinkable for a 12-year-old girl to fabricate a grave charge against a stepfather she viewed as a parental authority. The victim’s detailed and consistent narration, given in a candid manner, carried the hallmarks of truth. A child of her age could not have concocted such an explicit account of a sexual assault without having actually experienced it. Her immediate outcry, the prompt medical examination yielding physical corroboration, and the appellant’s flight all reinforced her credibility. The crime was proven beyond reasonable doubt. However, pursuant to the constitutional prohibition on the death penalty, the sentence was reduced to reclusion perpetua. The moral damages awarded to the victim were also increased from P25,000 to P30,000.