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Decision
G.R. No. 229862
evidence, the prosecution failed to substantiate the qualifying circumstance
of minority. Despite this, it still found him guilty of simple statutory rape
and imposed the penalty of reclusion perpetua.
Nonetheless, this Court finds that the penalty imposed on accusedappellant is correct as it is the penalty for offenders who were found guilty
beyond reasonable doubt of simple rape under Article 266-B 77 of the Revised
Penal Code. 78
II
As a rule, affidavits of desistance are viewed with skepticism and
reservation because they can be "easily obtained for monetary consideration
or through intimidation. " 79
Based on the circumstances here, this Court cannot give any weight to
AAA's Affidavit of Recantation and Desistance.
If the crime did not really happen, AAA would have made the
Affidavit at the earliest instance-but she did not. Instead, she executed it
more than two (2) years after the crime had been committed. If the crime
did not really happen, she would not have submitted herself to physical
examination or hours of questioning-but she did.
Moreover, her recollection on how accused-appellant committed the
crime was detailed; her testimony, consistent. There was no evidence that
AAA was forced or pressured by the prosecutor to take the witness stand, as
manifested by her answer during the cross-examination:
PROS. BALBUENA ON CROSS EXAMINATION:
77
78
79
Q:
Now, Mrs. (sic) Witness, can you recall having testified in this
case?
A:
Yes.
Q:
In fact, it was I who presented you as our witness, Mrs. (sic)
Witness?
A:
Yes.
REV. PEN. CODE, art. 266-8 provides:
ARTICLE 266-B. Penalties. - Rape under paragraph I of the next preceding article shall be
punished by reclusion perpetua.
See People v. Gacusan, 809 Phil. 773, 789 (2017) [Per J. Leanen, Second Division] and People v.
Corpuz, G.R. No. 208013, July 3, 2017, 828 SCRA 565,600 [Per J. Leonen, Second Division].
People v. Bertulfo, 431 Phil. 535, 550 (2002) [Per C.J. Davide, Jr., First Division].
f