PP Vs Deopita

CHARACTER EVIDENCE
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAFAEL DIOPITA y GUZMAN, accused-

appellant.
[G.R. No. 130601. December 4, 2000]
The fact that accused-appellant is endowed with such "sterling" qualities hardly justifies the conclusion
that he is innocent of the crime charged. Indeed, religiosity is not always an emblem of good conduct, and
it is not the unreligious alone who succumbs to the impulse to rob and rape. An accused is not entitled to
an acquittal simply because of his previous good moral character and exemplary conduct. The affirmance
or reversal of his conviction must be resolved on the basic issue of whether the prosecution had
discharged its duty of proving his guilt beyond any peradventure of doubt.
FACTS:
Complaining witness Dominga Pikit-pikit, on her way home from work, a man appeared from behind,
looped his arm around her neck and warned her not to shout or else she would die. [2] The man then
dragged her through the banana plantation towards the cornfields where the plants were a meter high
and far apart. Dominga Pikit-pikit got a good look at the man, who turned out to be accused-appellant
Rafael Diopita y Guzman, as he proceeded to divest her of her belongings. Thereafter, accused-appellant
Diopita announced his desire to have carnal knowledge of Dominga. As he was sexually assaulting her,
Dominga made desperate struggles and frantic calls for help but her efforts proved futile until he finally
satiated his lust. He then warned Dominga not to tell anyone and that should he hear that she told
anybody about the incident he would shoot her to death. Then he dressed up and left, walking casually to
the opposite direction of the subdivision before disappearing in the darkness. Exhausted, Dominga slowly
stood up, put on her clothes and walked away in the direction of her house. Finding it locked, she asked
help from her neighbors who called the police. Thereafter, Dominga was brought to Precinct No. 4 of
Sasa, Davao City, where SPO1 Stephen Batacan entered her complaint in the police blotter. Later, she
was examined by Dr. Floranne Lam-Vergara at the Davao Medical Center who found her "positive for
spermatocytes."
Dominga gave a description of the suspect and his possible whereabouts. [10] Acting on that information,
PO3 dela Cruz went to the scene of the crime to investigate and there he recovered a colored
white/yellow, size ten (10) slipper. Since the victim earlier disclosed that the suspect headed north after
committing the crime, he proceeded to that direction where he came upon four (4) houses about fifteen
(15) to fifty (50) meters away from the scene of the crime. A back-up team was called and they rounded
up all the residents therein. Afterwards, four (4) men who fitted the description of the suspect were invited
to the police station for questioning, including the accused. The police invited Dominga to identify the
suspect at the police station. Thereat, Dominga saw the four (4) men in a police line-up and readily
pointed at accused-appellant.[12] The police then had him try on the recovered slipper; it easily fitted
him.[13] Thus, Diopita was detained while the others were released.
The defense denied the charge and invoked alibi. Accused-appellant claimed that between 8:30 to
12:00 oclock in the evening of 16 April 1995 he was with his wife Flora, son Ryan and fellow Jehovahs
Witnesses Roger Custorio and Ruben Suarez at the house of Eulalio Nisnisan for an informal Bible session
upon the invitation of Juan Nisnisan.[14] Accused-appellant also claimed that during those hours, he never
left the place. Flora, Roger, Ruben, Eulalio and Juan corroborated his alibi and testified on his good moral
character as a ministerial servant of their faith.
ISSUE: WON the accused’s defense of good moral character as a ministerial servant of their faith
make him innocent
HELD: NO
We are not impressed. The fact that accused-appellant is endowed with such "sterling" qualities hardly
justifies the conclusion that he is innocent of the crime charged. Similarly, his having attained the position
of "Ministerial Servant" in his faith is no guarantee against any sexual perversion and plunderous
proclivity on his part. Indeed, religiosity is not always an emblem of good conduct, and it is not the
unreligious alone who succumbs to the impulse to rob and rape. An accused is not entitled to an acquittal
simply because of his previous good moral character and exemplary conduct. The affirmance or reversal
of his conviction must be resolved on the basic issue of whether the prosecution had discharged its duty
of proving his guilt beyond any peradventure of doubt. Since the evidence of the crime in the instant case
is more than sufficient to convict, the evidence of good moral character of accused-appellant is
unavailing.
Accused-appellant likewise bewails and assigns as reversible error the failure of the trial court to give
credence to the testimonies of the defense witnesses. He argues that these are Jehovahs Witnesses, and
as such, they are God-fearing people who would never lie as to his whereabouts at the time in question. This
argument is as puerile as the first. We quote once more, and with approval, the pertinent portion of the trial
court’s ruling on this point -
x x x x it is so easy for witnesses to get confused as to dates and time. The precision with which the
witnesses for the defense, who are his co-members in the Jehovahs Witnesses, quoted the respective
hours when the participants in the Bible sharing session supposedly arrived is, at best, self-serving and
deserves scant consideration because of the facility with which it may be concocted and fabricated
(underscoring supplied).
The matter of assigning values to the declarations of witnesses is best and most competently
performed by the trial court who had the unmatched opportunity to observe the demeanor of witnesses
while testifying, and to assess their credibility using various indicia available but not reflected in the
records.[25] Hence, the court a quo's appraisal on the matter is entitled to the highest respect, and will not
be disturbed on appeal unless there is a clear showing that it overlooked, misunderstood or misapplied
some facts or circumstances of weight and substance that would affect the result of the case. [26] There is
no compelling reason in the present case to depart from this rule.

PP Vs Deopita

Uploaded by

Copyright:

Available Formats

PP Vs Deopita

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

PP Vs Deopita

Uploaded by

Copyright:

Available Formats

CHARACTER EVIDENCE

PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. RAFAEL DIOPITA y GUZMAN, accused-

[G.R. No. 130601. December 4, 2000]

You might also like