DOJ sends rapist of grandmother to jail

04 September 2015

The Department of Justice South Cotabato Prosecution Office secured the conviction of a man who raped a grandmother in South Cotabato in 2006.

In an eight-page Decision, the Regional Trial Court of Polomolok, South Cotabato, Branch 39 found Erwin Wilson guilty of rape and was sentenced to suffer reclusion perpetua and to pay the complainant a total of P150,000 in civil indemnity and damages.

In an Information, Wilson was charged with raping a grandmother on August 20, 2006 in their house at Manatad Village, Purok 4, Barangay Poblacion, Polomolok, South Cotabato as “she and her grandson were preparing to go to sleep.”

During trial however, Wilson admitted “having sexual congress (not on the date of the subject incident)” with the complainant but that it was upon her insistence and that “the coitus never materialized as his ‘penis’ did not erect owing to the latter’s old age.”

But the court gave weight to the complainant’s testimony saying it is “persuaded by her sincerity and candor as she showed no sign of hostility but interest to bring the malefactor to justice.”

It said “in a prosecution for rape, the complainant’s credibility becomes the single most important issue, and when her testimony satisfies the test of credibility, an accused may be convicted solely on the basis thereof.”

Justice Secretary Leila De Lima said in criminal cases, the burden of proving that an accused is guilty of the offense charged beyond reasonable doubt rests on the prosecution. “Through the prosecution’s persistent efforts, the accused in this case was convicted of the crime charged,” she further added.

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