People vs Yabut, 311 SCRA 590 (July 28, 1999)

“judicial notice can be taken of the fact that testimonies in court are much more exact and elaborate than those stated in the sworn statement.”

Facts:

Yabut is accused for a crime of rape of a 10-year child and was sentenced as guilty by the trial court. Yabut now assails the decision of the court contending that there were irregularities on the testimony of the victim during the interrogation of the police and what she testified in court. He contends that (1)  She told the police that she was awakened by the accused who is pulling down her panties but in court she testified that she was awakened by a man making an up and down movement on top of her, (2) it was impossible for the victim to see who her assailant as it was dark in the room; (3) it was bizarre to believe when the victim said he came back to get his driver’s license; (4) that the testimony of the victim’s father showed that the victim did not show any anxiety when her father came home after the incident happened; (5) pointed out that the medical result showed the victim to be negative in spermatozoa hence no rape occurred, (6) it is unlikely for the victim to be raped as she was sleeping with her other siblings in the room and (7) victim’s allegation that there was a lock in the room is contradictory to the testimony of her father who said the room has no lock.

Issue: Whether or not the testimony of the victim is credible?

Ruling:

The court ruled that it takes the testimony of the victim as more superior than the testimony she made extrajudicially. The court takes judicial notice that the testimonies given during the trial is more exact and elaborate that those made in sworn statements that are usually incomplete and inaccurate. Moreover, the court points out that extrajudicial statements or affidavit are not prepared by the affiant himself but by another who may use his own language in writing the statement. The victim’s age is also put into consideration for being 10 years old only at the time when her testimony was taken. The discrepancies in the victim’s statement to the police and on the witness stand thus do not affect her credibility.