Collado v. Intermediate Appellate Court

PARAS, J.:

This is an appeal from the decision of the then Intermediate Appellate Court in AC-G.R. No. 000834 which affirmed with modification the decision of the Regional Trial Court of Tarlac, Tarlac (Branch LXIV) in Criminal Case No. 3235 convicting herein petitioner Sotero Collado of the crime of Attempted Rape. Petitioner Collado was charged with the aforementioned crime in a criminal complaint dated That on or sic) desistance but because the offended party succeeded in resisting the criminal attempt of the said accused and because of the timely arrival of her parents who responded to the loud cries of her five (5) year old child for help. Contrary to law.

(Exhibit "B", Original Records, p. 1) A preliminary investigation was conducted Ibid., p. 3).Ibid., p.

7) and upon arraignment, on March 25, 1982, entered a plea of not guilty (Ibid., p. 18). The prosecution presented as witnesses the complainant, Mrs. Helen Tubay, Pat.

Helen Domingo Tubay , married to Bernabe Tubay and a public school teacher at the Bantog Elementary School in Bantog, Victoria, Tarlac, testified that on the night of September 21, 1981, while she was sleeping in their house with her five (5) year old son, Bernabe Tubay, Jr., she felt someone on top of her, smelling of liquor and embracing her.kingke). Pat.Leon Apolonio , a policeman assigned at Victoria, That on or about 17 hundred hours, 23 September 1981, Mrs. A certification was prepared regarding said entry in the blotter and marked Exhibit "D" (Original Records, p.

52) (TSN, Dr.Ricardo Ramos , of the Tarlac Provincial Hospital, testified that on September 23, 1981, Mrs. Helen Tubay came to the Tarlac Provincial Hospital for physical examination. Pat.Alfonso Gagarin , Bernabe Tubay, Jr., son of Mrs. Helen Tubay, testified that on the night of September 21, 1981, he Petitioner Sotero Collado , a resident of Victoria, Tarlac, At home, he was informed by his wife, Susana, that their eldest daughter Victa had a stomach ailment.Ibid., pp. When asked about the possible motive of Mrs. Helen Tubay for accusing him of such a serious crime, he said that Mrs. Tubay is probably angry at him because he confronted her about the complaints of some parents regarding her frequent tardiness.Ibid., pp. 3-8). Feliciano Collado , nephew of petitioner Ibid., pp. 2-9).

On February 6, 1984,

WHEREFORE, the Court finds accused Sotero Collado guilty beyond reasonable doubt of the crime of Attempted Rape, as defined and penalized under Article 335, in relation to Article 51, both of the Revised Penal Code, and in the absence of any modifying circumstances, hereby sentences him to an indeterminate penalty ranging from Two (2) Years, Four (4) Months and One (1) Day of Prision Correccional, as minimum to Six (6) Years and One (1) Day of Prision Mayor , as maximum, with the accessories provided Tarlac, Tarlac, February 6, 1984. (Original Records, pp. 136-137) Petitioner Collado appealed the decision to the Intermediate Appellate Court which affirmed the judgment but modified the penalty imposed by increasing the maximum penalty to eight (8) years and one (1) day of prision mayor (IAC Decision, Rollo , p. 23). Hence, this petition. On January 13, 1986, the Second Division resolved to deny the petition for lack of merit (Rollo , p. 43).Ibid., pp. 50-51), hence, on January 16, 1989,Ibid., p. 55).Ibid., p. 57) while the petitioner complied on March 8,Ibid., p. 72). The issue to be resolved in this petition is whether or not the guilt of petitioner Collado has been established beyond reasonable doubt. Petitioner Collado contends that the delay of the complainant in lodging the complaint renders doubtful the veracity of the charge considering that there was no threat exerted on her as an adult public school teacher.Rollo , The petition is devoid of merit. Firmly entrenched is the rule that conclusions and findings of fact of the trial court are entitled to great weight on appeal and should not be disturbed unless for strong and valid reasons because the trial court is in a better position to examine the demeanor of the witnesses while testifying on the case (People vs. Collado's contention that complainant's delay in lodging the complaint renders the veracity of the charge doubtful is without merit.gasera enables one to identify positively persons in the dark of the night (People v. Paringit, 189 SCRA 478 ). Petitioner supra). IN SO Melencio-Herrera, Padilla, Regalado and Nocon, JJ., concur. Footnotes Penned by then Associate Justice Emilio A. Gancayco and concurred in by Associate Justices Federico B. A1fonso, Jr. and Lorna S. Lombos-de la Fuente. Rendered by Judge Arturo U. Barias, Jr.