Case Digest (G.R. No. 131636)
Facts:
People of the Philippines v. Artemio Invencion y Soriano, G.R. No. 131636, March 05, 2003, Supreme Court En Banc, Davide Jr., C.J., writing for the Court.The accused-appellant, Artemio Invencion y Soriano, was charged in thirteen separate complaints (Criminal Cases Nos. 9363–9375, all dated 17 October 1996) with rape. The cases were consolidated and tried before the Regional Trial Court (RTC) of Tarlac, Branch 65. At arraignment Artemio pleaded not guilty. The RTC, by Judge Angel J. Parazo, rendered a Decision dated 22 September 1997 convicting Artemio in Criminal Case No. 9375 and acquitting him in the other twelve cases; it imposed the death penalty and awarded moral and exemplary damages.
Prosecution witnesses included Elven Invencion (an eight-year-old half-brother of the victim), Eddie Sicat (a neighbor), Gloria Pagala (the victim’s mother and Artemio’s former common-law wife), Dr. Rosario Fider (examining physician), and Atty. Florencio Canlas (NBI agent who took the victim’s sworn statement). Elven testified that he saw Artemio on top of his daughter AAA performing a “pumping motion” while they were sleeping in one room. Eddie claimed to have peeped through a hole in the sawali wall and observed Artemio on top of AAA between 6:00 and 7:00 a.m. Gloria testified that AAA confessed to being sexually abused by her father and that she later reported the matter to the NBI. Dr. Fider found AAA five to six months pregnant and with healed hymenal lacerations. Atty. Canlas authenticated AAA’s written, sworn complaint to the NBI.
The defense did not call Artemio; instead, his counsel, Atty. Isabelo Salamida, testified that the hut was padlocked and dark and that he could not see inside through the sawali, impugning Eddie’s opportunity to observe. Rebuttal witnesses Gloria and Celestino Navarro (the owner of the hut) testified that the sawali had holes before Artemio’s arrest, corroborating Eddie’s and Elven’s account. On those proofs the RTC convicted Artemio for one count.
Artemio appealed to the Supreme Court by way of automatic review required under Article 47 of the Revised Penal Code, as amended by R.A. No. 7659, challenging (among other things) the credibility and competency of witnesses (notably Elven), alleged i...(Subscriber-Only)
Issues:
- Was the conviction of Artemio for rape properly supported by the trial court’s assessment of the prosecution witnesses, including the competency and credibility of the child witness Elven?
- Did the prosecution prove Artemio’s guilt beyond reasonable doubt despite inconsistencies in witness testimony and challenges to opportunity to observe?
- Was the death penalty properly imposed as a special qualifying circumstance under Article 335, Revised Penal Code, as amended by R.A. No. 7659, given the proof of the victim’s age?
- What civil damages ...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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