People v. BBB

People v. BBB

G.R. No. 232071

July 10, 2019


                At about 9 o'clock in the evening of April 17, 2012, while CCC was on vacation in Cebu, AAA was awakened when BBB came close to her AAA was lying on the bed when BBB kissed her lips, mounted her and pulled up her sleeveless shirt. He, thereafter, kissed her stomach up to her neck, squeezed her breasts, and kissed her nipples. As BBB threatened AAA that he will not send her to school anymore if she will not let him use her, he removed her short pants and underwear and removed his as well. Then, he sat on her, inserted his finger in her organ many times, and thereafter inserted his penis in her vagina. After satisfying his lust, BBB went back to sleep with AAA's 2-year-old nephew between them. On June 10, 2012, CCC was sewing clothes at the living room with only a cabinet dividing it from the sleeping area. At 10 o'clock in the morning of said day, AAA was looking after her sleeping nephew on the hammock at the sleeping area with BBB. BBB then asked AAA to sit on his lap, but AAA refused. Despite this, BBB pulled her close to him, removed her short pants and underwear, and made her sit on his penis while he was seated upright. After having coitus with AAA, BBB put his pants back on. On July 20, 2012, at around 10 o'clock in the evening, while CCC was sewing clothes at a nipa hut right outside their house, AAA was left again with BBB and her nephew in the sleeping area. BBB then touched AAA's breasts, raised her sleeveless shirt while she was lying down and kissed her nipples. BBB, thereafter, went outside the house while AAA went to the kitchen. On July 21, 2012, while AAA was cooking lunch, BBB hugged her from behind, inserted his hand in her shirt, and squeezed her breasts. BBB, thereafter, walked away. AAA did not shout as she was scared of her grandfather. After lunch of the same day, AAA went to her aunt, DDD, to tell her what happened. Consequently, DDD brought AAA to the Barangay Kagawad, YYY, to seek for help. BBB was immediately arrested and was detained.


                Whether or not the accused is liable for rape.


                Yes. Time and again, the Court has held that in rape cases, the credibility of the victim is almost always the single most important issue. If the testimony of the victim passes the test of credibility, which means it is credible, natural, convincing and consistent with human nature and the normal course of things, the accused may be convicted solely on that basis. The rule is settled that when the decision hinges on the credibility of witnesses and their respective testimonies, the trial court's observations and conclusions deserve great respect and are accorded finality, unless the records show facts or circumstances of material weight and substance that the lower court overlooked, misunderstood or misappreciated, and which, if properly considered, would alter the result of the case. This is so because trial courts are in the best position to ascertain and measure the sincerity and spontaneity of witnesses through their actual observation of the witnesses' manner of testifying, their demeanor and their behavior in court. Trial judges, therefore, can better determine if such witnesses are telling the truth, being in the ideal position to weigh conflicting testimonies. The rule finds an even more stringent application where the said findings are sustained by the CA.

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