Case Digest: PEOPLE OF THE PHILIPPINES v. CONCHITO AGUSTIN 547 SCRA 136 (2008)

PEOPLE OF THE PHILIPPINES v. CONCHITO AGUSTIN 547 SCRA 136 (2008)

In rape cases, if the testimony of the victim passes the test of credibility, the accused may be convicted solely on that basis. Conchito Agustin (Agustin), uncle within the third civil degree of the offended party, AAA, a twelve year old minor, was convicted for two counts of qualified rape before the Regional Trial Court of Tuao, Cagayan. On appeal, Agustin denied the allegation by stating an alibi that he was away from his house and was at his farm to supervise the planting of rice. He further contends it was thus impossible for him to have raped AAA at the unfinished house. 
On appeal, the Court of Appeals affirmed the conviction.

ISSUE:

Whether or not the decision of the Court of Appeals in convicting appellant for two (2) counts of rape must be upheld base solely on the testimony of the victim

HELD:

In rape cases, if the testimony of the victim passes the test of credibility, the accused may be convicted solely on that basis. The testimony of the young victim is entitled to full credence for no young and decent Filipina would publicly admit that she was ravished unless that is the truth because her natural instinct is to protect her honor.
The testimony of AAA as regards to the two (2) counts of rape was subjected by the Court to the minutest of scrutiny. As to her testimony regarding the July 7, 2001 sexual assault, the Court finds no reason to disbelieve AAA when she claims that she was forcibly deflowered Agustin in the second floor of the latters house at Mungo, Tuao, Cagayan. There appears no plausible reason for the young victim to falsely charge the accused who is her uncle-in-law, with rape. Thus, in the absence of any showing of an illicit motive to falsely impute so grievous a crime as qualified rape against the herein accused, the testimony of the young victim is entitled to full credence for no young and decent Filipina would publicly admit that she was ravished unless that is the truth because her natural instinct is to protect her honor.
However, while the Court affirms Agustin‘s conviction for two counts of rape, the evidence points to only simple, not qualified rape. Under Article 266-B of the Revised Penal Code, rape is qualified when the victim is under 18 years of age and the offender is a parent, ascendant, step-parent, guardian, relative by consanguinity or affinity within the third civil degree, or the common-law spouse of the parent of the victim, in which case the death penalty should be imposed. The relationship of the accused to the victim cannot be established by mere testimony or even by the accused‘s very own admission of such relationship.