Appellant's motion for reconsideration having been denied, the present appeal was
filed with this Court.
In its Manifestation[6] dated February 6, 2015, appellant informed this Court that he
is adopting all the defenses and arguments he raised in the Brief for the AccusedAppellant filed with the CA. Appellant assigns this lone error:
THE TRIAL COURT GRAVELY ERRED IN FINDING THAT THE GUILT OF THE
ACCUSED-APPELLANT HAS BEEN PROVEN BEYOND REASONABLE DOUBT.
According to appellant, had it been true that private complainant AAA felt violated
since she was thirteen (13) years old, then she would not have slept side by side
with the appellant; thus, such behavior is not in accordance with one who is a
victim of sexual abuse. He further questions private complainant's delay in
reporting the incident. He also claims that there is illmotive on the part of the
private complainant in filing the rape charge against him.
Under paragraph 1 (a) of Article 266-A of the RPC, the elements of rape are: (1)
that the offender had carnal knowledge of a woman; and (2) that such act was
accomplished through force, threat, or intimidation.
In this case, all the elements of the crime charged in the Information are present.
Private complainant AAA positively identified appellant as the perpetrator. Her clear
and straightforward testimony, corroborated by the medical findings show beyond
reasonable doubt that AAA was already in a non-virginal state after she was raped.
When the victim's testimony is corroborated by the physical findings of penetration,
there is sufficient foundation to conclude the existence of the essential requisite of
carnal knowledge.[7]As ruled by the CA:
Private complainant AAA positively identified accused-appellant Mayola as her
abuser. She did not waver on the material points of her testimony and maintained
the same even on cross-examination.
Moreover, private complainant AAA's testimony is corroborated by the result of her
medical examination which showed the presence of "old hymenal laceration at five
(5) o'clock and seven (7) o'clock position" in her private part. This finding is
consistent with her declaration that accused-appellant Mayola had been raping her
since she was thirteen (13) years old.
It is also worthy to note that when private complainant AAA relived her ordeal at
the witness stand, she broke down in tears several times. This only bolsters her
credibility. Her emotional anguish is consistent with the ruling of the Supreme Court
that the crying of a victim during her testimony is evidence of the truth of the rape
charges, for the display of such emotion indicates the trauma she suffered while
under the evil control of her tormentor.[8]
Anent the second element, it was duly proven and uncontested that appellant is the
father of private complainant. When the offender is the victim's father, as in this