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9 Rollo, p. 13. 10 People v. Arcillas, G.R. No. 181491, July 30, 2012. 11 Records, p. 72. 12 439 Phil. 440, 470 (2002). People v. Salazar, G.R. No. 181900, October 20, 2010, 634 SCRA 307, 319-320, citing People v. Ducabo, G.R. No. 175594, September 28, 2007, 534 SCRA 458, 467. 13 14 Records, p. 271. 15 Rollo, pp. 10-11. People v. Pangilinan, G.R. No. 183090, November 14, 2011, 660 SCRA 16, 32; see also People v. Dollano, Jr., G.R. No. 188851, October 19, 2011, 659 SCRA 740, 753-754. 16 People v. Platilla, 428 Phil. 520, 531 (2002), citing People v. Lapiz, 394 Phil. 160, 173 (2000) and People v. Watimar, 392 Phil. 711, 724 (2000). 17 18 People v. Espino, Jr., G.R. No. 176742, June 17, 2008, 554 SCRA 682, 702. 19 People v. Estrada, G.R. No. 178318, January 15, 2010, 610 SCRA 222, 233. 20 TSN, November 28, 2007, p. 6; Records, p. 230. 21 G.R. No. 176153, September 21, 2007, 533 SCRA 760. 22 Id. at 774. 23 People v. Tagun, 427 Phil. 389, 403-404 (2002). 24 See People v. Bodoso, G.R. No. 188129, July 5, 2010, 623 SCRA 580, 605-606.

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People v. Colorado

Jurisprudence

Case number: G.R. No. 200792

Division: PH Supreme Court First Division

Date of decision: Nov 14, 2012

Year of decision: 2012

GBV Case Type

Child Rape
Incest
Minor
Rape

Nature of the case: A 12 years old girl, against her will and consent was raped by her own brother, 24 years old in their own house in Burgos, Pangasinan. The accused denied the charge against him. He argued that he was not living with the victim in their parents’ house when the said incident occured. Allegedly, he was at that time staying with an older sister in Osmeña, Dasol. The accused claimed that on the night of the alleged incident, he was fishing with his brother-in-law, and that they returned to Osmeña, Dasol in the morning of the following day. On the other hand, the Court is not persuaded. His defense that he was in Osmeña, Dasol at the time of the crime’s commission was even uncorroborated by any other witness. By jurisprudence, denial is an intrinsically weak defense which must be buttressed by strong evidence of non-culpability to merit credibility. Mere denial, without any strong evidence to support it, can scarcely overcome the positive declaration by the child-victim of the identity of the appellant and his involvement in the crime attributed to him. Hence, he is found guilty of Qualified Rape and is sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole.

Summary of outcome: The accused is convicted.

He is sentenced to suffer the penalty of reclusion perpetua, without eligibility for parole. The accused is likewise ordered to pay legal interest on all damages awarded at the legal rate of 6% from the date of finality of this Decision until fully satisfied.

Observatory: Gender-Based Violence

Ponente: REYES, J.

Long title: PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. NEIL B. COLORADO, Accused-Appellant.

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Latitude: 16.058531

Longitude: 119.86414

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People v. Colorado

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