II. THE COURT A QUO GRAVELY ERRED IN CONVICTING THE ACCUSED-APPELLANT OF
FRUSTRATED RAPE DESPITE THE FACT THAT UNDER PREVAILING JURISPRUDENCE
THERE IS NO SUCH CRIME. 8
The Office of the Solicitor General argues that appellant’s convictions should be upheld
as the prosecution was able to prove his guilt beyond reasonable doubt.
The appeal is partly meritorious. This Court finds that the prosecution was able to prove
beyond reasonable doubt appellant’s guilt for two counts of statutory rape and two
counts of simple rape, there being no such crime as frustrated rape in this jurisdiction.
After a thorough review of the records, we find no reason to deviate from the wellestablished rule that the credibility of witnesses is a matter best assessed by the trial
court because of its unique opportunity to observe them firsthand and to note their
demeanor, conduct and attitude. 9 In the present case, the trial court found Jessica’s
testimony convincing, logical and credible. Moreover, the court a quo:
chanrob 1es vi rtua l 1aw lib rary
. . . discerned from her demeanor the intense mental torture, embarrassment,
emotional pain and bitterness she suffered whenever she was asked to recall and
narrate the humiliating sexual ordeals she had gone through, and her . . . desire for
justice and the punishment of her defiler. She was continually in tears while testifying
and the proceeding was interrupted several times to calm her down. 10
No young woman would allow an examination of her private part and subject herself to
the humiliation and rigor of a public trial if the accusations were not true, or if her
motive were other than a fervent desire to seek justice. 11
We do not subscribe to appellant’s theory that the filing of the rape charges was
motivated by Jessica’s dislike for him. To charge appellant with rape for the sole
purpose of exacting revenge, as appellant implies in his brief, takes a certain kind of
psychiatric depravity which this Court does not see in Jessica. The fact that Jessica had
to undergo psychological treatment 12 after her first testimony in February 1998 belies
appellant’s defense. The need for such counseling came about after the defilement she
suffered in the hands of appellant. In fact, it was the incidents of rape that caused her
psychological and emotional imbalance which required therapy at the Child Protection
Unit of the Philippine General Hospital.
The alleged inconsistencies and improbabilities in Jessica’s testimony did not discredit
her nor reveal any fabrication. Inconsistencies regarding minor details were attributable
to the fact that she was recalling details of incidents that happened three years before,
not to mention the fact that these details pertained to something she had very little
knowledge of, being then only nine years and three months old when the first rape was
committed. We have consistently ruled that errorless recollection of a harrowing
experience cannot be expected of a witness (a very young one at that) specially when
she is recounting details of an occurrence so humiliating, so painful and, in this case, so
alien as rape. 13
Appellant makes much of the fact that two incidents of rape happened inside the room
where the other children were sleeping. This Court has repeatedly held that rape can be
committed in the same room where other members of the family are also sleeping, in a