GR 111290; (January, 1995) (Digest)
G.R. No. 111290 . January 30, 1995.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. REX TABAO Y LUMOCSO, accused-appellant.
FACTS
The accused-appellant, Rex Tabao, was charged with the rape of Amor Conge. On the evening of April 3, 1992, the 15-year-old victim, who had the mental age of an 8 to 9-year-old, accompanied a friend to the Serin District in Tacloban City. The appellant approached the victim, dragged her to a secluded porch, and threatened her with a knife. He then undressed and raped her. The victim’s friend later found her with dirtied clothing and missing underwear, and the victim disclosed the rape. The following day, a medical examination revealed fresh hymenal lacerations consistent with recent sexual intercourse.
The defense consisted solely of the appellant’s denial. He claimed he merely conversed with the victim for several hours before she went missing. The trial court convicted him of rape and sentenced him to reclusion perpetua, prompting this appeal.
ISSUE
Whether the guilt of the accused-appellant for the crime of rape was proven beyond reasonable doubt.
RULING
Yes, the Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of the victim’s credibility. Her straightforward testimony, corroborated by the medico-legal findings of fresh hymenal lacerations, constituted clear and convincing evidence of forcible sexual intercourse. The Court rejected the appellant’s argument that his identity was not established because his name was absent from the initial police blotter entry. The entry was made by the victim’s mother, who reported the incident without the victim being present to identify the assailant at that precise moment. This omission did not weaken the prosecution’s case, as the victim positively identified the appellant in court. A police blotter is often incomplete and is not conclusive evidence.
The Court further ruled that the appellant’s bare denial could not prevail over the victim’s positive identification and the physical evidence. The defense failed to show any ill motive for the victim to falsely accuse him. Consequently, all elements of rape through force and intimidation were proven beyond reasonable doubt. The Court modified the decision by ordering the appellant to pay the victim P40,000.00 as civil indemnity, in accordance with prevailing jurisprudence.