450 Phil. 432
PANGANIBAN, J.:
“WHEREFORE, the Court finds accused Genaro Biong:Three (3) separate Informations, all dated April 21, 1999, charged appellant as follows:
“a. In CC No. 6586-99-C, guilty beyond reasonable doubt of the crime of Rape, defined and penalized under Art. 335 of the Revised Penal Code, as amended and is hereby sentenced to suffer the death penalty and all its accessory penalties under the law and to indemnify the victim the amount of P75,000.00 plus P30,000.00 as moral damages; and,
“b. In CC No. 6587-99-C, guilty beyond reasonable doubt of the crime of Rape defined and penalized under Art. 335 of the Revised Penal Code, as amended and is hereby sentenced to suffer the death penalty and all its accessory penalties under the law; and to indemnify the victim the amount of P75,000.00 plus P30,000.00 as moral damages; and,
“c) In CC No. 6588-99-C, not guilty for failure of the prosecution to prove the guilt of the accused beyond reasonable doubt.
“The immediate transfer of the accused to the National Bilibid Prison is hereby ordered.”[2]
During his arraignment on July 19, 1999, appellant, with the assistance of his counsel de oficio,[7] pleaded not guilty.[8] After trial on the merits, the RTC rendered the assailed Decision.Criminal Case No. 6586-99-C
“That on or about February 12, 1998, at Barangay Lingga, Municipality of Calamba, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd de[s]ign and [through] force and intimidation and with intent to satisfy his lust, did then and there [willfully], unlawfully and feloniously have carnal knowledge of his daughter one AAA,[3] 13 years old, against her will and consent.”[4]Criminal Case No. 6587-99-C
“That on or about August 12, 1998, at Barangay Lingga, Municipality of Calamba, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and [through] force and intimidation and with intent to satisfy his lust, did then and there [willfully], unlawfully and feloniously have carnal knowledge of his daughter one AAA, 13 years old, against her will and consent.”[5]Criminal Case No. 6588-99-C
“That sometime in the month of July 1998, at [Barangay] Lingga, Municipality of Calamba, Province of Laguna and within the jurisdiction of this Honorable Court, the above-named accused, with lewd design and [through] force and intimidation and with intent to satisfy his lust, did then and there [willfully], unlawfully and feloniously have carnal knowledge of his daughter one AAA, 13 years old, against her will and consent.”[6]
“In the evening of July 18, 1998, thirteen-year old AAA was sleeping in her home in Barangay [Lingga], Calamba, Laguna, together with her mother and appellant – her father. Since their house was small and had only one room, they all slept in just one bed.
“While deep in her sleep, [AAA] was suddenly roused when she felt someone was touching her. When she turned her head looked who it was, she saw appellant caressing her body. Before AAA could move, appellant kissed her, mashed her breast and then started removing her clothes. Surprised, [AAA] struggled and pushed appellant. However, her effort proved futile. Appellant, took out a knife, thrust it on [AAA’s] neck and laid on top of her. Pinning [AAA] with his body, appellant then forcibly removed her shorts and panty. Immediately appellant inserted his penis into [AAA’s] vagina and thrust his buttocks back and forth. After satisfying his lust, appellant casually crawled back to the other side of the bed and lay beside [AAA’s] mother. Too tired from work, [AAA’s] mother did not notice what had happened. She was in deep sleep the whole night and woke up only the following morning. Afraid that appellant would inflict more harm on her, [AAA] just kept silent about everything.
“However, appellant did not stop. On August 12, 1999, appellant again unleashed his bestial desire upon his own daughter. In the same fashion, while [AAA] was sleeping, appellant began caressing and kissing her body. When [AAA] woke up, appellant immediately went on top of her, pinned her down and started removing her shorts and panty. Losing no time appellant then inserted his penis into [AAA’s] vagina and commenced pumping through and through. After satisfying his lust, appellant again casually went to the other side of the bed and lay beside [AAA’s] mother. As usual, [AAA’s] mother, too tired from work and having a hearing problem, did not notice what had happened to her daughter.
“On February 17, 1999, after gaining enough courage and realizing the futility of her silence, [AAA] told her mother about the sexual abuses committed on her by appellant. Upon hearing this, [AAA’s] mother immediately had her examined and filed a complaint against appellant.
“The medico-legal genital examination on the victim conducted by Dra. Lorna P. Sta. Maria disclosed that [AAA’s] hymen had healed lacerations at 7 and 11 o’clock positions with IE admitting one finger with ease.”[9]
“The defense presented the oral testimonies of Genaro Biong, Mary Jean Geronimo and Mrs. Damasa Terones.
“The first witness, Genaro Biong, is the accused. He testified that on July 19, 1998, he was at the house of his manager, Eddie Hernandez to repair the tricycle he was driving. Afterwhich, he proceeded to the house of his brother-in-law, Basil and stayed there until the next day because they had drinking spree. On August 12, 1998, he was plying his route afterwhich, he proceeded to the house of Basil for a drinking session and he didn’t [go] home the next day. On February 12, 1999, after plying his route he went home but nobody was at their house. His wife arrived at around 9:00 pm. And after a few minutes, his daughter arrived from the house of his sister. He went out to ply his route and went home the next morning. He denied the claim of his daughter that he was using shabu. He presented a Chemistry Report from the Regional Crime Laboratory Office 4 showing that he is negative for shabu in his blood. The only reason he can think of why his daughter filed the case was that his father-in-law has a grudge against him because he refused to live with his in-laws. His father-in-law wanted to take custody of his daughter.
“The second witness, Mary Jean Geronimo, is the forensic chemist who tested the accused for shabu. The counsel stipulated to the due execution of the findings conducted or contained in the Chemistry Report No. 4266-99 duly signed by the witness.
“The last witness, [Damasa] Terones is the mother of the alleged victim. She testified that they sleep and crammed together in one bed that it is natural that if someone moves his legs or hands or if it touches you, you would be awaken. She admitted that his husband is fond of drinking and he sometimes doesn’t come home because of his drinking session with his friend. She said that during the three (3) rape incidents, she was not awaken because she was tired.”[10] (Citations omitted)
In sum, the main issue is whether the prosecution’s evidence sufficiently established appellant’s guilt beyond reasonable doubt.“I
The lower court erred in convicting the accused-appellant of the crime of rape despite the blatant inconsistencies in the testimony of the alleged rape victim.“II
The lower court erred in convicting the accused-appellant of the crime of rape, defined and penalized under Art. 335 of the Revised Penal Code, as amended, when his guilt was not proven beyond reasonable doubt.”[12]
“Q | Let’s go to that incident that happened on July 19, 1998, what time did that rape incident happened? |
A | I don’t know the time because it was night time, sir. |
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Q | Where were you then? |
A | I was at home, sir. |
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Q | What were you x x x doing just before you were raped? |
A | I was sleeping, sir. |
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Q | Where were you then sleeping? |
A | In our house, sir. |
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Q | In what part of your house? |
A | In a room, sir. |
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Q | Did you have any companion in that room at that time? |
A | Yes, sir, the three of us with my mother. |
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Q | When you say the three of us, to whom are you referring to? |
A | My father, sir. |
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Q | Do you have any other siblings? |
A | None, sir. |
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Q | How were you awakened? |
A | Because somebody was embracing me, sir. |
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Q | After you sensed that somebody was embracing you, how did you respond? |
A | I was surprised, sir. |
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Q | Why were you surprised? May we move, your Honor that the answer of the witness be recorded in the vernacular. |
A | ‘Dahil hindi ko po akalain na may mangyayari po sa akin.’ |
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Q | Did you find out the identity of that person who was embracing you? |
A | Yes, sir. |
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Q | Who is that person? |
A | Genaro Biong, sir. |
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Q | Your father? |
A | Yes, sir. |
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x x x x x x x x x | |
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Q | After you were embraced by you father what else did he do? |
A | He was kissing me from my head up to my feet, sir. |
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Q | What did you do when he did that? |
A | I was struggling, sir. |
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Q | How did you struggle? |
A | I was pushing him away, sir. |
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Q | Were you able to push him away? |
A | No, sir. |
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Q | Why? |
A | Because he is heavy, sir. |
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x x x x x x x x x | |
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Q | Did you shout? |
A | No, sir. |
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Q | Why did you not shout? |
A | Because he has a knife, sir. |
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Q | What kind of knife? |
A | It is big and broad, sir. |
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Q | After he took off your shorts, what else did he remove? |
A | My panty, sir. |
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Q | And what did you do while he was removing your panty? |
A | ‘Nagpapapalag po.’ |
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Q | After he removed your panty what else did he do? |
A | He touched my breast, sir. |
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Q | Which breast? |
A | Both, sir. |
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Q | And after he touched both your breasts what did he do next? |
A | He kissed me from my head up to my feet, sir. |
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x x x x x x x x x | |
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Q | After he sucked your breast what did he do next? |
A | ‘Ginalaw n’ya po ako.’ |
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Q | When you said ‘ginalaw n’ya po ako’ tell us exactly what did he do? |
A | He laid on top of me, sir. |
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Q | What else did he do? |
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FISCAL: | |
| (Witness at this point, your Honor cannot seem to give her answer.) |
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WITNESS: | |
A | He inserted his penis to my vagina, sir. |
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FISCAL: | |
| (Witness is crying when she was giving her answer.) |
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Q | What were you doing at that point when he was sucking your breast? |
A | ‘Nagpapalag po.’ |
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Q | At that point that he penetrated you, what were you then doing? |
A | I was not able to move because he was lying on top of me, sir. |
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x x x x x x x x x | |
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Q | You said you were again raped on August 12, 1998, what time did this happen? |
A | Night time also, sir. |
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Q | Where did this happen? |
A | Also in our house, sir. |
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Q | In what particular portion of your house? |
A | Also in the room, sir. |
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Q | What were you doing just before you were raped? |
A | I was sleeping, sir. |
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Q | And what roused you from your sleep? |
A | Because somebody is touching me, sir. |
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Q | Were you able to recognize that person who was touching you? |
A | Yes, sir. |
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Q | Whose that person? |
A | Genaro Biong, sir. |
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Q | When you say that you were roused by that person who was touching you, tell us on what part of your body were you being touched? |
A | All of my body, sir. |
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Q | How did you react? |
A | I was surprised, sir. |
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Q | Where was your mother at that time? |
A | Also sleeping, sir. |
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Q | After you were touched all over your body by your father, what else happened? |
A | He was kissing me from my head up to my feet, sir. |
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Q | What were you wearing then? |
A | Long pants, sir. |
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Q | What else? |
A | T-shirt, sando and panty, sir. |
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Q | When your father was kissing you all over, can you tell us if you were then still dressed? |
A | None, sir. |
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Q | Who removed your clothes? |
A | Genaro Biong, sir. |
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Q | When you say that your clothes were taken off, tell us were all your clothes and underwear taken off? |
A | No, sir. |
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Q | Tell us, which apparel was removed from your body? |
A | My pants and panty, sir. |
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Q | And who removed these? |
A | Genaro Biong, sir. |
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Q | And how did he remove it? |
A | He took it off, sir. |
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Q | What were you doing when he was removing your long pants and panty? |
A | I was lying down, sir. |
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Q | Nothing else? |
A | I was struggling, sir. |
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Q | Tell us, how did you struggle? |
A | I was pushing him away, sir. |
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Q | Were you able to succeed in pushing him away? |
A | No, sir. |
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Q | Why? |
A | Because he’s heavy, sir. |
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Q | And after he was able to remove your pants and panty, what did he do next? |
A | He laid on top of me, sir. |
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Q | After he laid on top of you, what did he do next? |
A | He again inserted his penis to my vagina, sir. |
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Q | What did you feel when he did that? |
A | It hurts, sir. |
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Q | After he penetrated you, what else happened? |
A | He laid beside my mother, sir.”[14] |
“x x x. For alibi x x x to prosper, the defense must be able to show that the accused could not have been physically present at the [site] of the crime, or its immediate vicinity, during the time of its commission. In these cases[,] the house of the accused’s brother-in-law where the accused claimed to be at the time of the incidents of rape on July 19, 1998 and August 12, 1998 was about 30 minutes drive from the place of the incident. Moreover, the accused did not even present his brother-in-law Basil, at least to corroborate his testimony. The Hon. Supreme Court in the case of People vs. Rene Henson, [stated] that alibi cannot stand against the positive identification of the accused made by the victim. Accordingly, his defense of alibi must necessarily fail.”[24]