In its assailed Decision[29] dated June 30, 2015, the CA affirmed in toto[30] the RTC's
Joint Decision convicting accused-appellant of Rape and Unjust Vexation. Apart
from concurring with the RTC's findings and conclusions, the CA found no merit in
accused-appellant's contention that it was impossible for him to commit the crime
as AAA's younger brother was sleeping beside her at the time of the alleged rape
incident. Disregarding the argument, the CA ruled that the presence of another
person at the scene does not render it impossible for accused-appellant to commit
the crime of Rape. As regards its affirmance of accused-appellant's conviction for
Unjust Vexation, the CA did not proffer any justification.[31]
Aggrieved, accused-appellant is now before the Court seeking the reversal of his
conviction.[32]
The Issue Before the Court
The sole issue for the Court's resolution is whether or not the CA erred in affirming
accused-appellant's conviction for Rape and Unjust Vexation.
The Court's Ruling
The appeal has no merit.
Time and again, the Court has held that factual findings of the trial court, especially
on the credibility of witnesses, are accorded great weight and respect and will not
be disturbed on appeal. This rule, however, admits of exceptions such as where
there exists a fact or circumstance of weight and influence which has been ignored
or misconstrued, or where the trial court has acted arbitrarily in its appreciation of
the facts.[33]
In FC Criminal Case No. 2008-426, the Court accords credence to the RTC's finding,
as affirmed by the CA, that accused-appellant indeed committed the crime of Rape
against then five (5)-year-old AAA. As astutely observed by the RTC, which had the
opportunity to personally scrutinize AAA's conduct and demeanor during trial, she
was a credible witness whose testimony must be given great weight. The trial
judge's evaluation, which the CA sustained, now binds the Court, leaving to the
accused-appellant the burden to bring to the fore facts or circumstances of weight,
which were otherwise overlooked, misapprehended or misinterpreted that would
materially affect the disposition of the case differently if duly considered.[34]
Unfortunately for accused-appellant, he miserably failed to discharge this burden,
and the Court finds no reason to reverse the CA's conclusions.
Moreover, the CA correctly disregarded accused-appellant's argument that he could