testimony worthy of credence.[13] It also noted that "AAA" had "positively identified
appellant as her abuser and her statements under oath were sufficient to convict
appe1lant for [his misdeeds]."[14]
In addition, the CA held that appellant's defense of denial cannot prevail over
"AAA's" testimony as it was not properly corroborated or substantiated by clear and
convincing evidence. 1t likewise reiterated that the defense of denial could not
prevail over "AAA's" positive identification of appellant as the perpetrator of the
crimes charged.[15]
Aggrieved, appellant filed the present appeal.
The Issues
Appellant raises the following issues for the Court's resolution:
First, whether "AAA's" testimony was credible and straightforward, given that: (a)
she simply answered "yes" to almost all of the trial prosecutor's leading
questions;[16] and (b) the defense was able to prove that the alleged acts of rape
could not have been perpetrated by appellant, as there were other persons present
when said acts were supposedly committed;[17] and,
Second, whether the absence of hymenal lacerations on "AAA" casts doubt on
appellant's guilt.[18]
The Court's Ruling
After due consideration, we resolve to (a) affirm appellant's conviction in Criminal
Case No. 07 0589, but modify the designation of the crime committed; and (b)
grant his appeal in Criminal Case No. 07-0284.
Elements of Rape in Criminal Case No. 07-0589 Established
Article 266-A of the Revised Penal Code provides:
ART. 266-A. Rape, When and How Committed. - Rape is committed 1. By a man who shall have carnal knowledge of a woman under any of the
following circumstances:
a. Through force, threat or intimidation;
b. When the offended party is deprived of reason or is otherwise
unconscious;