GR 74479; (April, 1989) (Digest)
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. Appellant called Venus near, 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 following day, they reported the incident to the police, and a medical examination revealed fresh lacerations and the presence of sperm cells, corroborating her account.
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 found his testimony unworthy of belief and convicted him of rape qualified by the use of a deadly weapon, imposing the death penalty. Appellant appealed, arguing the trial court erred in crediting the complainant’s testimony over his own and that of the complainant’s mother, his common-law wife.
ISSUE
Whether the trial court erred in convicting the accused-appellant of rape based on the complainant’s testimony.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court upheld the trial court’s assessment of the complainant’s credibility. Her testimony was given in a straightforward, convincing, and consistent manner, detailing the use of a bolo and threats to her life. The Court found no reason for a young, innocent stepdaughter to fabricate such a grave charge against a father figure. The immediate report to her mother, the prompt complaint to authorities, and the corroborative medical findings all bolstered the truth of her account. Conversely, the appellant’s claim of a consensual relationship was deemed contrary to human experience and unworthy of credence. The Court ruled that the prosecution successfully proved guilt beyond reasonable doubt. However, pursuant to the constitutional prohibition against the death penalty, the sentence was reduced to reclusion perpetua. Moral damages were also increased from P25,000 to P30,000.
