PEOPLE OF THE PHILIPPINES, vs. GREGORIO CURA Y DALUSONG.
- G.R. Number: G.R. No. 112529
- Promulgated: 1995-01-18
- Ponente: Regalado, J.
Doctrine
Appellate courts give great weight and deference to the trial court's findings on credibility, since the trial court observed witness demeanor and manner of testifying.
An award of civil indemnity may be increased where the offender's mode of commission shows greater perversity and the victim is of tender age.
Evidence or observations that are conjectural and unverified by investigating officers are of limited probative value.
Facts
Accused-appellant Gregorio Cura was convicted of rape by Branch 171, RTC Valenzuela, Metro Manila, in Criminal Case No. 1740-V-92 and sentenced to reclusion perpetua, civil indemnity, and costs (judgment dated 10 August 1993).
The criminal action originated from a Criminal Complaint filed on 14 September 1992 by the offended party against appellant.
On appeal, the Court reviewed the evidence including the victim's sworn statement in which she said it was the fourth time she was raped by appellant.
Police testimony claiming there was no unusual reaction by the victim when visited by an officer was characterized by the Court as conjectural and argumentative.
Issues
Whether the conviction for rape should be sustained on the record presented.
Whether the award of civil indemnity should be increased in view of the circumstances of the offense and the victim's age.
Ruling
The Court affirmed the conviction for rape, deferring to the trial court's credibility findings and finding no cogent reason to depart from them.
The Court modified the award of civil indemnity, increasing it to P40,000.00 because of the greater perversity in the mode of commission and the tender age of the victim.