PEOPLE OF THE PHILIPPINES, vs. HONORIO G. MABUNGA.
- G.R. Number: G.R. No. 96441
- Promulgated: 1992-11-13
- Ponente: Regalado, J.
Doctrine
Findings as to witness credibility in rape cases lie heavily on the trial court, and appellate courts will not disturb such factual findings absent a showing the trial court overlooked or misunderstood material facts.
An appellate court may amend a lower court's decision by setting aside conviction on one count while affirming conviction on another when the evidence so warrants.
Victims of rape are entitled to civil indemnity under Article 345 of the Revised Penal Code; the Court applies a policy-determined amount when awarding indemnity.
Facts
Accused-appellant Honorio G. Mabunga was charged in a complaint dated 11 August 1986 with the crime of rape against his own daughter.
The trial court originally found the prosecution established two offenses of rape and imposed reclusion perpetua for each, to be served successively but not exceeding forty years.
The trial court denied appellant's motion for new trial, but the appellate court amended the decision by setting aside the conviction for the second rape (guardhouse, Airport Motel, Baclaran, Pasay), while affirming the conviction for rape committed in Caloocan City.
The Court emphasized the grave social concern over incestuous rape and condemned the offender's lack of remorse; it also ordered civil indemnity of P40,000 for the offended party under Article 345 and current Court policy.
Issues
Whether the conviction for rape (as to the Caloocan City incident) should be upheld.
Whether the conviction for the second rape (guardhouse, Airport Motel, Baclaran, Pasay City) should stand.
Whether the offended party is entitled to civil indemnity and, if so, the amount.
Ruling
The Court affirmed the conviction for the rape committed in Caloocan City, holding the prosecution established guilt beyond reasonable doubt; the trial court's factual findings as to credibility are accorded great weight.
The Court set aside the conviction for the second rape (guardhouse, Airport Motel, Baclaran, Pasay City), as reflected in the amended decision.
The Court ordered accused to indemnify the offended party in the amount of P40,000.00 pursuant to Article 345 of the Revised Penal Code and the Court's current policy.
With the above modification (setting aside second rape conviction and awarding indemnity), the amended judgment of the court a quo is affirmed.
Keywords
G.R. No. 96441, PEOPLE OF THE PHILIPPINES v. HONORIO G. MABUNGA, incestuous rape, crime of rape, force and intimidation, sexual intercourse, violation against will and without consent, physical examination, Living Case Report, appellant, january, house, complainant, mother, after, guardhouse, crime, around, clothes