GR L 80228; (September, 1988) (Digest)
G.R. No. L-80228 September 12, 1988
People of the Philippines, plaintiff-appellee, vs. Nestor Fernandez, defendant-appellant.
FACTS
The prosecution evidence established that on August 9, 1982, in Jordan, Guimaras, accused-appellant Nestor Fernandez, armed with a knife, forcibly abducted fourteen-year-old Elisa Galve while she was on her way to school. He threatened to kill her if she shouted, compelling her to accompany him to a relative’s house. There, on the evening of August 9 and again the following evening, he raped her at knifepoint. The complainant was subsequently moved to another location in Oton, Iloilo, where the accused again raped her. They were eventually apprehended in Jordan on August 14, 1982. The defense presented a contrary version, claiming that the complainant was his lover and went with him voluntarily, and he denied having any sexual intercourse with her during their time together.
ISSUE
The core issue is one of credibility: whether the prosecution proved beyond reasonable doubt that the accused forcibly abducted and raped the complainant, or whether the defense’s claim of a consensual relationship should be believed.
RULING
The Supreme Court affirmed the conviction. The Court emphasized the well-settled doctrine that the trial court’s factual findings, especially on witness credibility, are accorded great weight and respect on appeal. The trial judge, who observed the witnesses firsthand, found the testimony of the young complainant to be credible, natural, and consistent. Her detailed account of the abduction, the repeated threats with a knife, and the subsequent rapes, coupled with her fear and inability to escape due to the accused’s intimidation, established the elements of forcible abduction with rape. The Court found the defense of a love affair to be implausible and a mere fabrication to escape liability. The claim of voluntariness was further undermined by evidence that a barangay official, a relative of the accused, had pressured the complainant to state she went willingly. No cogent reason was presented to overturn the trial court’s assessment. The judgment of the Regional Trial Court finding Nestor Fernandez guilty of Forcible Abduction with Rape and sentencing him to reclusion perpetua was thus affirmed, with the modification that the civil indemnity was increased to P20,000.00.