The death penalty shall also be imposed if the crime of rape is committed with any of the following
aggravating/qualifying circumstances:
1) When the victim is under eighteen (18) years of age and the offender is a parent, ascendant,
stepparent, guardian, relative by consanguinity or affinity within the third civil degree, or the
common-law spouse of the parent of the victim;
xxxx
Both the RTC and the CA correctly ruled on the concurrence of the following elements of qualified
rape, as defined in the aforequoted provisions of the RPC: (1) that the victim is a female over 12
years but under 18 years of age; (2) that the offender is a parent, ascendant, stepparent, guardian or
relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the
parent of the victim; and (3) that the offender has carnal knowledge of the victim either through force,
threat or intimidation; or when she is deprived of reason or is otherwise unconscious; or by means of
fraudulent machinations or grave abuse of authority.10
The age of the victim at the time of the crime’s commission is undisputed. During the pre-trial, the
parties agreed on the existence of AAA’s Certificate of Live Birth,11 a "certified true/xerox copy" of
which forms part of the records and provides that AAA was born on October 10, 1990. AAA was then
only 12 years old in December 2002, a significant fact that was sufficiently alleged in the Information.
In People v. Pruna,12 we held that the best evidence to prove the age of the offended party is an
original or certified true copy of the certificate of live birth of such party.
As to the second element, there is no dispute that Colorado is a full-blood brother of AAA, as this
was also among the parties’ stipulated facts during the case’s pre-trial.
The grounds now being raised by Colorado to justify his exoneration delve mainly on the alleged
absence of the crime’s third element. He denies AAA’s claim that he had ravished her, raising the
defense of alibi and the alleged doubt and suspicion that should be ascribed to AAA’s accusations.
On this matter, settled is the rule that the findings of the trial court on the credibility of a witness
deserve great weight, given the clear advantage of a trial judge in the appreciation of testimonial
evidence. We have repeatedly recognized that the trial court is in the best position to assess the
credibility of witnesses and their testimonies, because of its unique opportunity to observe the
witnesses first hand and to note their demeanor, conduct, and attitude under grueling examination.
These are significant factors in evaluating the sincerity of witnesses, in the process of unearthing the
truth. The rule finds even more stringent application where the said findings are sustained by the CA.
Thus, except for compelling reasons, we are doctrinally bound by the trial court’s assessment of the
credibility of witnesses.13
We then take due consideration of the trial court’s findings of fact, its assessment of AAA’s
credibility, her testimony and the manner by which her statements were relayed, as discussed in the
RTC’s Decision convicting Colorado and which reads in part:
AAA testified directly and categorically how she was raped by the accused Neil Colorado who is her
full-blood brother sometime in the night of December 2002.
That while AAA was sleeping with her older brother BBB and her younger brother CCC, accused
went near her and held her two (2) hands, covered her mouth with handkerchief. Thereafter,
accused removed her short pants and underwear, and inserted his penis into her vagina. After
removing his penis, accused went back to sleep.