Case Digest (G.R. No. 137278-79)
Facts:
People of the Philippines v. Frivaldo Besmonte y Loreno and Sonny Apuyan y Morin, G.R. Nos. 137278-79, February 17, 2003, the Supreme Court Second Division, Quisumbing, J., writing for the Court.The prosecution charged two relatives, Frivaldo Besmonte y Loreno (second husband of the victim’s maternal grandmother) and Sonny Apuyan y Morin (the victim’s maternal uncle), with rape of AAA, a 15‑year‑old girl who had been residing in Apuyan’s house. Two informations were filed by the Office of the Provincial Prosecutor of Sorsogon: Criminal Case No. 95‑3918 (against Besmonte, alleging an incident on December 15, 1994) and Criminal Case No. 95‑3919 (against Apuyan, alleging an incident on May 31, 1994 and “several occasions thereafter”). Besmonte pleaded not guilty on July 27, 1995; Apuyan pleaded not guilty on September 25, 1995. The cases were consolidated for trial before the Regional Trial Court (RTC) of Sorsogon, Branch 52.
At trial the prosecution presented two witnesses: a paternal first cousin of the victim and the victim AAA herself. The cousin testified that on April 17, 1995 she found AAA pregnant; AAA then disclosed she had been raped by Apuyan on May 31, 1994 and repeatedly thereafter, and by Besmonte on December 15, 1994. The cousin removed AAA and her siblings from Apuyan’s house, reported the matter to police, and had AAA examined by a physician; AAA gave birth to a boy in 1995. AAA testified in detail about both assaults: she described being awakened to find Apuyan on top of her, threatened with a knife, raped and warned not to tell; she similarly described Besmonte’s assault in darkness and identified him by voice and underarm odor. Appellants denied the charges and invoked alibi and general denial defenses; Apuyan testified he had been drinking with friends and slept at home on May 31, 1994, while Besmonte claimed he was working in Sorsogon poblacion from May 1994 to January 1995 and presented his wife to corroborate his alibi.
On September 7, 1998 the RTC found both accused guilty beyond reasonable doubt of rape and sentenced each to reclusion perpetua, awarding P50,000 civil indemnity and P10,000 moral damages to the victim. The appellants appealed to the Supreme Court, contesting (1) the credibility of AAA, (2) the sufficiency of the prosecution’s evidence, and (3) the identification of Besmonte as the rapist. The Office of the Solicitor General (OSG) opposed the appea...(Subscriber-Only)
Issues:
- Was the trial court’s finding that the victim AAA was a credible witness and that her testimony alone sufficed to convict supported by the record?
- Was the prosecution’s evidence sufficient to prove beyond reasonable doubt that appellants committed rape?
- Was the identification of Frivaldo Besmonte by the victim sufficiently reliabl...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)