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  • GR No 142556

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    Anna Marie Bergado
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    The Supreme Court upheld the identification of the appellant Jesus Perez y Sebunaga as the rapist. While the victim Mayia did not identify Perez in a police lineup, she identified him in his jail cell, where Perez admitted there were other inmates. Moreover, police identification is not legally required for a proper identification. Mayia also positively identified Perez in open court as her rapist. The Court found the testimony of a young rape victim to be credible, as it is unlikely a child would falsely accuse someone of such a serious crime.

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    Rape case digest

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    The Supreme Court upheld the identification of the appellant Jesus Perez y Sebunaga as the rapist. While the victim Mayia did not identify Perez in a police lineup, she identified him in his jail cell, where Perez admitted there were other inmates. Moreover, police identification is not legally required for a proper identification. Mayia also positively identified Perez in open court as her rapist. The Court found the testimony of a young rape victim to be credible, as it is unlikely a child would falsely accuse someone of such a serious crime.

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    © All Rights Reserved
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    57 views1 page

    GR No 142556

    Uploaded by

    Anna Marie Bergado
    The Supreme Court upheld the identification of the appellant Jesus Perez y Sebunaga as the rapist. While the victim Mayia did not identify Perez in a police lineup, she identified him in his jail cell, where Perez admitted there were other inmates. Moreover, police identification is not legally required for a proper identification. Mayia also positively identified Perez in open court as her rapist. The Court found the testimony of a young rape victim to be credible, as it is unlikely a child would falsely accuse someone of such a serious crime.

    Copyright:

    © All Rights Reserved
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    of 1

    GR No.

    142556
    February 5, 2003

    PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JESUS PEREZ y SEBUNGA, accused-


    appellant.

    Appellant’s claim that the police improperly suggested to Mayia to identify appellant is
    without basis. True, Mayia did not identify appellant in a police line-up when Mayia
    identified appellant in his cell. However, appellant, in his testimony admitted that he had
    two other companions in his cell. Moreover, the Court has held that there is no law requiring
    a police line-up as essential to a proper identification. Even without a police line-up, there
    could still be a proper identification as long as the police did not suggest such identification
    to the witnesses. The records are bereft of any indication that the police suggested to Mayia
    to identify appellant as the rapist.

    Mayia’s identification in open court of appellant as her rapist dispels any doubt as to the
    proper identification of appellant. Mayia positively identified and pointed to appellant as her
    rapist. We are satisfied that her testimony, by itself, is sufficient identification of her rapist.
    As held in People v. Marquez:

    “xxx. Indeed, the revelation of an innocent child whose chastity was abused deserves full
    credit, as the willingness of complainant to face police investigation and to undergo the
    trouble and humiliation of a public trial is eloquent testimony of the truth of her complaint.
    Stated differently, it is most improbable for a five-year old girl of tender years, so innocent
    and so guileless as the herein offended party, to brazenly impute a crime so serious as rape
    to any man if it were not true.”

    STACY PINO and Connie Agbayani

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