Case Digest (G.R. No. 170567)
Case Digest (G.R. No. 170567)
Facts:
People of the Philippines v. Conrado Diocado @ "Jun", G.R. No. 170567, November 14, 2008, the Supreme Court Second Division, Brion, J., writing for the Court. The prosecution (People) charged accused-appellant Conrado Diocado with rape under an Information alleging that on February 7, 1998 he, with lewd design, had carnal knowledge of AAA, an 11-year-old girl, at Sitio Matungao, Brgy. Tugbo, Masbate. Diocado pleaded not guilty and was tried before the Regional Trial Court (RTC), Branch 44, Masbate City.At trial the prosecution presented the victim AAA, her sister BBB, and Dr. Artemio Capellan (Municipal Health Officer) who conducted the medical examination; documentary exhibits included the medical certificate and AAA’s affidavit and complaint. AAA testified that Diocado, her mother’s live-in partner, followed her into the bathroom on the afternoon of February 7, 1998 armed with a knife, threatened her, undressed her, forced her to bend, fingered her vulva and inserted his penis into her vagina; she cried and could not shout because her mouth was covered and she feared the knife. Dr. Capellan testified to external abrasions and healed lacerations of the hymen and concluded “physical virginity lost,” opining the findings were consistent with sexual abuse.
The defense offered Diocado’s testimony denying the charge and asserting an alibi that he was at his workplace (Circle E Lodge and Restaurant) until about 6:00 p.m. and only arrived home after work; his wife CCC (AAA’s mother) and other witnesses corroborated portions of his story though CCC’s testimony varied when recalled. Defense witnesses included Maria Manlapaz and Joey Cantojos (co-employee/paymaster). The RTC, in a decision dated August 18, 2004 (Criminal Case No. 8775), found Diocado guilty beyond reasonable doubt of rape under Article 335 of the Revised Penal Code and sentenced him to reclusion perpetua, ordered civil indemnity (P50,000), moral damages (P50,000), exemplary damages (P10,000), and costs.
Diocado appealed to the Court of Appeals (CA) which, in CA-G.R. CR-H.C. No. 00280, affirmed the RTC’s conviction in a decision dated October 25, 2005. Thereafter Diocado filed a Petition for Review on Certiorari under Rule 45 of the 1997 Revised Rules of Court to the Supreme Court, challenging that the conviction was based solely on the "incredible" testimony of the private complainant and that the evidence did not establish guilt beyond reasonable doubt.
Issues:
- Did the trial court and the Court of Appeals gravely err in convicting Diocado based solely on the alleged incredible testimony of the private complainant?
- Was Diocado proven guilty beyond reasonable doubt of the crime of rape?
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)