Pendoy v. People

 

Pendoy v. People

G.R. No. 228223

June 10, 2019

FACTS:

                CA convicted Roel Pendoy y Posadas for the crimes of simple rape and rape by sexual assault. Evidence for the prosecution tends to show that AAA was the househelp of petitioner Pendoy, his wife and three children. On January 24, 2006 at about 6 o'clock in the evening, AAA was washing clothes near the kitchen inside the house of the Pendoys, wearing a black shirt and green maong shorts. The area was lighted with a yellow bulb. When AAA turned her back, she saw petitioner tum off the light. Petitioner then pulled her down, forced her and made her lie on the floor. He lowered her underwear and her shorts. He also removed her shirt and unhooked her brassiere. AAA pleaded for petitioner to desist from what he was doing by saying, "Don't Kuya." Petitioner did not heed her plea and instead kissed her on the cheeks, her lips, neck, and her breast. Pendoy inserted his finger into her vagina. Thereafter, he mounted her and inserted his penis into her vagina.

ISSUE:

                Whether or not the CA erred in convicting the accused.

HELD:

                No. n rape cases, the conviction of the accused rests heavily on the credibility of the victim. Hence, the strict mandate that all courts must examine thoroughly the testimony of the offended party. While the accused in a rape case may be convicted solely on the testimony of the complaining witness, courts are, nonetheless, duty-bound to establish that their reliance on the victim's testimony is justified.  If the testimony of the complainant meets the test of credibility, the accused ~ay be convicted on the basis thereof. The CA's reliance on AAA's testimony is apt, considering that it was clear and categorical, and buttressed by the testimony of the medico-legal officer. Notwithstanding her youth and innocence, AAA was able to convey the details of her traumatic experience in the hands of Pendoy in a simple yet onvincing and consistent manner. Without hesitation, AAA pointed an accusing finger against Pendoy as the person who ravished and sexually molested her. She credibly recounted how petitioner forced her to have sex with him despite her refusal; that while she was washing clothes, Pendoy suddenly appeared from her back, turned off the light, and forcibly pulled her down and made her lie on the floor; that he pulled her short pants and panty down to her knees; that she begged him to stop what he was doing, but he simply ignored her plea; that Pendoy kissed her cheeks, neck and breasts; that she was not able to resist petitioner's sexual advances because he held her hands; that still unsatisfied, petitioner licked her vagina and inserted his finger into it; and that thereafter, he mounted on her and inserted his penis into her vagina.