Wednesday, March 19, 2014

G.R. No. 199226

G.R. No. 199226: "Inconsistency on the place where the crime happened as a minor inconsistency which should generally be given liberal appreciation considering that the place of the commission of the crime in rape cases is after all not an essential element thereof. What is decisive is that [accused-appellant’s] commission of the crime charged has been sufficiently proved.

The alleged inconsistency is also understandable considering that AAA was only ten (10) years old at the time she testified before the trial court. Courts expect minor inconsistencies when a child-victim narrates the details of a harrowing experience like rape. Such inconsistencies on minor details are in fact badges of truth, candidness and the fact that the witness is unrehearsed. These discrepancies as to minor matters, irrelevant to the elements of the crime, cannot thus be considered a ground for acquittal. In this case, the alleged inconsistency in AAA’s testimony regarding the exact place of the commission of rape does not make her otherwise straightforward and coherent testimony on material points, less worthy of belief."



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