46. Art. 3. Sec. 14 - People v.

Ambray – GR 127177 February 25, 1999

Right to Counsel

Romeo Ambray y Luterio was charged with statutory rape. The accused unlawfully and feloniously have
sexual intercourse with Melanie Hernandez, a minor, eleven (11) years old, against her will and consent.
She is the daughter of Vinia Hernandez, the common law spouse of the accused Ambray. Melanie was
supposed to inform her mother the morning after the incident. Unable to locate her mother, she went to
her aunt Vilma Perez instead. She broke down and confided her tragic experience in the hands of her
mother’s common-law spouse, the accused Ambray. Vilma accompanied her to the Block 4, Police
Substation in Rosario, Pasig City, where she gave her statement to the police authorities.

SPO2 Francisco Cruz received the complaint. He immediately accompanied Melanie and her aunt to the
place of residence of the suspect Ambray at Floodway, Maybunga, Pasig City, there Melanie pointed
Ambray as the person who allegedly raped her. Melanie also stated that the accused had been raping her
since she was barely six years old, and that the accused sexually abused her sometimes twice a week. She
felt severe pain every time but she did not have the courage to divulge the same because she was afraid
that the accused would carry out his threats to kill them all.

Medico-legal examination result shows that there was a deep healed laceration at 8 oclock and a shallow
healed laceration at 5 oclock in Melanies vagina. Vergara further testified that aside from the healed
lacerations, she found congestion or redness on the other lips of Melanies vagina, indicating recent
injuries on Melanies genitalia which may have been caused by a hard object inserted in Melanies sexual
organ.

However, Romeo Ambray denied having raped Melanie. He contended that it was Melanie’s half brother,
Robin, who raped her. The sister of Romeo, Vinia and friend of Robin testified to the contention of
Romeo. According to Vinia, Robin raped Melanie the previous year. Romeo also contended that it is not
possible for him to rape Melanie because the house (particularly the room) was small and it would have
been obvious and would wake the other kids sleeping in the same room.

The trial court found Ambray guilty beyond reasonable doubt.

Issue: Whether or not the TC gravely erred in giving full weight and credence to the incredible testimony
of Melanie and in not considering the defense interposed by the accused-appellant.

Ruling: NO. Evidence should first be believable and logical before it can be accorded weight. After a
careful examination of the evidence, the court is satisfied that the guilt of the accused has been proven
beyond reasonable doubt.

The denial of the accused is unsubstantiated and self serving, and cannot be given greater evidentiary
weight than the positive declaration and frank manner in which Melanie recounted her ordeal. The
circumstance that the rape was committed in a one-room house where other members of the family were
sleeping or that the room was lighted did not negate the possibility that rape was committed.

P.S. Wala talagang Right to Counsel (Bill of Rights Section 14 – Criminal Offenses) na issue sa case na
to. In-incorporate ko NALANG.