GR 177151; (August, 2008) (Digest)
G.R. No. 177151 ; August 22, 2008
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ARIEL JACOB y ZUÑEGA, accused-appellant.
FACTS
The accused-appellant, Ariel Jacob, was charged with the rape of his nine-year-old cousin, AAA, on August 7, 2000, in Mercedes, Camarines Norte. The prosecution presented AAA, who testified that the appellant arrived at their house, showed her his penis, removed her panty, and inserted his penis into her vagina, causing her pain. Her mother, BBB, testified that she found AAA in a state of shock upon returning home, and AAA later disclosed the rape. Dr. Virginia Mazo conducted a genital examination, which revealed contusions on the labia majora but an intact hymen with a 1.0 cm. orifice.
The defense consisted solely of the appellant’s testimony, wherein he interposed an alibi, claiming he was on a fishing expedition in Lucena City from August 4 to 12, 2000, and thus could not have committed the crime. He also denied knowing the victim. The Regional Trial Court convicted him of rape and sentenced him to reclusion perpetua, a decision affirmed by the Court of Appeals.
ISSUE
Whether the Court of Appeals erred in affirming the conviction despite the defense of alibi and the absence of hymenal laceration.
RULING
The Supreme Court affirmed the conviction. The defense of alibi is inherently weak and cannot prevail over the positive identification by the victim. For alibi to prosper, the accused must demonstrate not only his absence from the crime scene but also the physical impossibility of his presence. The appellant failed to substantiate his claim with credible corroboration from his alleged companions on the fishing vessel. His denial is further weakened by his claim of not knowing AAA, which the court found incredulous given their familial relationship.
Regarding the medical findings, the Court clarified that an intact hymen does not negate rape. The crime of rape is consummated by the penetration of the female genitalia, however slight. The medical report documented elongated contusions on the labia majora, which, coupled with the victim’s clear and credible testimony of penetration, sufficiently established the crime. The victim’s testimony, given her minority, is accorded full credence in the absence of evidence of improper motive. The defense’s attempt to attribute the complaint to a family misunderstanding was unsubstantiated. Thus, the prosecution successfully proved the appellant’s guilt beyond reasonable doubt.