PEOPLE OF THE PHILIPPINES, vs. MARIO LAO Y CLARIN.
- G.R. Number: G.R. No. 117092
- Promulgated: 1995-10-06
- Ponente: Davide, Jr., J.
Doctrine
The lone testimony of a rape victim, being the solitary eyewitness, if credible, is sufficient to sustain conviction because often the complainant's testimony is the only available proof in such offenses.
An accused's failure to have previously committed a crime despite alleged opportunities is irrelevant and speculative and does not constitute a defense to a specific charge on a particular date.
Moral damages under Article 2219(3) (in relation to Article 2217) and exemplary damages may be properly awarded upon conviction to compensate the victim and deter similar conduct.
Facts
The accused, Mario Lao y Clarin, was tried for rape of his daughter, Cherry Lao, and convicted by the Regional Trial Court, Branch 67, Tarlac, in Criminal Case No. 508.
The prosecution relied principally on the testimony of the solitary eyewitness, the victim Cherry Lao.
The accused contended that although he allegedly had abused Cherry since age ten, he could have raped her earlier but did not, implying doubt on the occurrence on 19 May 1992.
The trial court awarded moral damages of P50,000 and exemplary damages of P20,000 to the victim; costs were imposed on the accused.
Issues
Whether the lone testimony of the victim is sufficient to sustain a conviction for rape.
Whether the accused's argument that earlier opportunities to commit the crime but failure to do so undermines his guilt for the act on 19 May 1992.
Whether the award of moral and exemplary damages to the victim is proper given the conviction.
Ruling
The Court held that the lone testimony of the victim, if credible, is sufficient to sustain a rape conviction; the conviction was affirmed.
The Court rejected the accused's contention about earlier missed opportunities as irrelevant and speculative; it does not negate the truth of the events of 19 May 1992.
The trial court's awards of moral damages (P50,000) and exemplary damages (P20,000) were upheld; costs were imposed on the accused.
Keywords
G.R. No. 117092, PEOPLE OF THE PHILIPPINES v. MARIO LAO Y CLARIN, incestuous rape, Medico-Legal Certificate, Municipal Trial Court (MTC), Regional Trial Court (RTC), information for rape, Article 130 of the Rules of Court, sexual intercourse with daughter against her will, victim 14 years of age, use of superior strength, intimidation, force and violence, specific intent or scheme, previous acts of lasciviousness, external genitalia lacerations, nulliparous introitus vagina admits 2 fingers with ease, father, house, accused, cherry lao, morning