Decision
11
G.R. No. 229862
This Court finds no reason to disturb the findings of the trial court and
the Court of Appeals. In People v. Quintos: 71
The observance of the witnesses' demeanor during an oral direct
examination, cross-examination, and during the entire period that he or she
is present during trial is indispensable especially in rape cases because it
helps establish the moral conviction that an accused is guilty beyond
reasonable doubt of the crime charged. Trial provides judges with the
opportunity to detect, consciously or unconsciously, observable cues and
microexpressions that could, more than the words said and taken as a
whole, suggest sincerity or betray lies and ill will. These important
aspects can never be reflected or reproduced in documents and objects
used as evidence.
Hence, "[t]he evaluation of the witnesses' credibility is a matter
best left to the trial court because it has the opportunity to observe the
witnesses and their demeanor during the trial. Thus, the Court accords
great respect to the trial court's findings," more so when the Court of
Appeals affirmed such findings. 72 (Citations omitted)
There is also no ment m accused-appellant's argument that force,
intimidation, threat, fraud, or grave abuse of authority was not present. In
People v. Gacusan, 73 this Court reiterated that "[t]he abuse of moral
influence is the intimidation required in rape committed by the common-law
father of a minor. " 74
As to the inclusion of the word "statutory" in the dispositive portion of
the trial court Judgment, this Court holds that it was erroneously added by
the trial court judge.
In People v. Dalan: 75
The gravamen of the offense of statutory rape, as provided for in
Article 266-A, paragraph 1 (d) of the Revised Penal Code, as amended, is
the carnal knowledge of a woman below 12 years old. To convict an
accused of the crime of statutory rape, the prosecution must prove: first,
the age of the complainant; second, the identity of the accused; and last
but not the least, the carnal knowledge between the accused and the
complainant. 76 (Citation omitted)
Here, the Information against accused-appellant did not allege AAA to
be below 12 years old, but 14 years old, when the crime was committed
upon her. The trial court even held that without documentary or testimonial
71
72
73
74
75
76
746 Phil. 809 (2014) [Per J. Leone11, Second Division].
Id. at 819-820.
809 Phil. 773 (2017) [Per J. Leonen, Second Division].
Id. at 774.
736 Phil. 298 (2014) [Per J. Brion, Second Division].
Id. at 303.
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