G.R. No. 112087 April 21, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALEXANDER SOAN Y BELARMINO, accused-appellant.

FACTS

On December 14, 1991, in Biñan, Laguna, ten-year-old Ma. Esther Toquilar was outside her apartment caring for her infant brother. The accused-appellant, Alexander Soan, a neighbor, summoned her. When she hesitated, he made threatening gestures, compelling her to approach. He then pulled her into a nearby comfort room, bolted the door, and threatened to kill her if she told anyone. He removed her shorts and panty, sat on the toilet bowl, placed her on his lap facing him, and forcibly had sexual intercourse with her. Afterward, he reiterated his death threat against her family. Neighbor Lita Cronico saw the complainant exit the comfort room, followed minutes later by the appellant. The incident was revealed to the child’s mother months later, leading to a medical examination which confirmed a superficial healed laceration on the hymen.
The defense presented denial and alibi. Appellant claimed he was at his workplace in Pacita Complex, San Pedro, Laguna, during the alleged incident, supported by testimonies from his brother-in-law and a co-worker. His wife also testified that the complainant had initially denied the rape story when confronted. The trial court convicted appellant of rape and sentenced him to reclusion perpetua.

ISSUE

Whether the trial court erred in convicting the accused-appellant of rape based on the complainant’s testimony and in disregarding the defenses of denial and alibi.

RULING

The Supreme Court affirmed the conviction. The Court held that the testimony of the private complainant, a child of tender years, was clear, credible, and consistent. Her detailed account of the rape, including the threats and the specific manner of its commission, carried the ring of truth. The Court emphasized that in rape cases, the credibility of the victim is paramount, especially when she is a minor. The fear instilled by the appellant’s death threats adequately explained any initial reluctance to report the crime and her passive conduct during the assault. The medical finding of a healed hymenal laceration provided physical corroboration.
The defenses of denial and alibi were correctly rejected. For alibi to prosper, the accused must demonstrate not only his presence elsewhere but also the physical impossibility of being at the scene of the crime. Appellant failed to prove this impossibility, as his claimed workplace was in a neighboring town and no evidence precluded his temporary absence. Denial, being inherently weak, cannot prevail over the positive and credible identification by the victim. The award of civil indemnity was increased to Fifty Thousand Pesos (P50,000.00) in line with prevailing jurisprudence.