G.R. No. 122095 ; September 13, 2001
PEOPLE OF THE PHILIPPINES, plaintiff-appellant, vs. DOMINGO DAWISAN, accused-appellant.

FACTS

Accused-appellant Domingo Dawisan was convicted of rape by the Regional Trial Court and sentenced to reclusion perpetua. The prosecution evidence established that on December 12, 1992, the 17-year-old complainant, Francisca Catalan, was sent by her mother to retrieve a bolo from the adjacent Dawisan house. Upon entering, she was suddenly grabbed by Dawisan, dragged into a bedroom, and forcibly raped. The complainant, who had a physical disability from polio, testified to her resistance and helplessness. The crime was interrupted when her mother, Maria, arrived, witnessed Dawisan on top of her daughter, and struck him with a piece of wood, causing him to flee. During trial, Francisca also testified about a previous rape by Dawisan on December 6, 1992.
The defense presented a denial and frame-up theory. Dawisan claimed he was sleeping on a hammock when Francisca sat beside him, and her mother suddenly attacked him without cause. He alleged the rape charge was fabricated in retaliation because he intended to press charges for the injuries Maria inflicted. His mother corroborated his account, stating she witnessed Francisca enter the room voluntarily.

ISSUE

The core issue is whether the prosecution proved the crime of rape beyond reasonable doubt, overcoming the accused’s denial and alibi.

RULING

The Supreme Court affirmed the conviction. The Court emphasized that the trial court’s assessment of witness credibility is accorded high respect, as it is in the best position to observe demeanor. The complainant’s candid and consistent testimony, corroborated by her mother who was an eyewitness to the immediate aftermath, was found credible and sufficient to establish the elements of rape. Her physical disability made her more vulnerable and rendered Dawisan’s claim of consensual proximity implausible. The defense of denial, inherently weak, cannot prevail over the positive identification and credible narration of the victim.
The Court, however, clarified that while evidence of the uncharged rape on December 6 was admissible to show intent or scheme, a conviction could only be based on the single offense alleged in the information. The right to be informed of the accusation is inviolable. Thus, Dawisan was properly convicted only for the December 12 incident. The Court affirmed the award of P50,000 civil indemnity and added P50,000 moral damages, considering the victim’s minority and the psychological trauma inflicted. The decision of the trial court was affirmed with modification regarding damages.