SC affirms conviction of rape suspects
Mylen P. Manto (The Freeman) - December 26, 2015 - 9:00am

CEBU, Philippines – The Supreme Court has affirmed the conviction of two men from Bogo, Cebu City for allegedly raping their neighbor who was then 19 years old.

The SC, in a 16-page decision penned by Associate Justice Diosdado Peralta, found no ground to reverse the judgment of the lower courts finding the two for the crime of rape which they allegedly committed in 1988.

“We find no error committed by the Regional Trial Court (RTC), as affirmed by the Court of Appeals (CA), in giving credence to victim’s testimony,” read the decision.

In fact, the SC further stated, it was recorded that the victim was crying while she was testifying before the trial court.

“It has been held in several cases that the crying of a victim during her testimony is evidence of the truth of the rape charges, for the display of such emotion indicates the pain the victim feels when she recounts the detail of her traumatic experience,” further read the decision.

The FREEMAN withheld the names of the parties involved due to the nature of the case.

The suspects appealed their case before the higher court when the CA affirmed RTC’s decision finding them guilty of rape and sentenced them to suffer the penalty of 20 to 40 years imprisonment and a fine of P100,000 each for damages.

 The two claimed that the appellate court erred in affirming the decision of the RTC since the prosecution failed to prove their guilt beyond reasonable doubt.

They claimed that it was impossible for them to commit the crime that reportedly happened on the night of July 16, 1988 as they were allegedly somewhere else.

However, the SC did not buy the defenses of both suspects.

 “The prosecution had established that appellants held victim’s hands, and when she tried to shout, appellant covered her mouth with a handkerchief and another appellant punched her in the abdomen which caused her to lose consciousness. It is fundamental for conspiracy to exist that there must be unity of purpose and unity in the execution of the unlawful objective which were present in this case,” read SC’s decision.

In her testimony, the victim alleged that she asked permission from her employers on that day to go to her parents’ house to give them money. While on her way home, she met the two suspects. The two allegedly wanted to go with her, but she refused.

The two suddenly held her hands but she was able to get free.

She decided to return to the house of her employers but when she thought about her parents who needed the money, she decided to still go home. However, while she continued walking, the suspects appeared, held her hands again and eventually raped her. — (FREEMAN)

ACIRC ALLEGEDLY ASSOCIATE JUSTICE DIOSDADO PERALTA CEBU CITY COURT COURT OF APPEALS DECISION REGIONAL TRIAL COURT SUPREME COURT TWO VICTIM
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