GR 130610; (October, 2000) (Digest)
G.R. No. 130610 ; October 16, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. JOSELITO BALTAZAR, accused-appellant.
FACTS
Accused-appellant Joselito Baltazar was charged with three counts of rape against his niece, Digi Ann F. Niño, on December 26 and 29, 1995, and January 8, 1996. The prosecution alleged that in each instance, Baltazar used a knife and masking tape to intimidate the victim, threatened her with death, and succeeded in having carnal knowledge. The victim testified that during the assaults, her short pants and panty were lowered only to her knees. The Regional Trial Court found Baltazar guilty beyond reasonable doubt and imposed the death penalty for each count.
The defense interposed denial and alibi, claiming Baltazar was a tricycle driver working during the alleged incidents. He argued the physical impossibility of rape given the victim’s clothing was only pulled down to her knees, which would obstruct penetration. He also questioned the victim’s credibility, noting her delayed reporting of the incidents and the lack of a paternity test despite her subsequent pregnancy.
ISSUE
The pivotal issue is whether the trial court erred in finding the accused-appellant guilty of three counts of rape based on the victim’s testimony, particularly considering the claim of physical impossibility due to the state of the victim’s clothing.
RULING
The Supreme Court affirmed the conviction but modified the penalty. The Court found the victim’s testimony credible, straightforward, and consistent. On the claim of physical impossibility, the Court ruled that penetration is not impossible even if underwear is lowered only to the knees, especially if the clothing is loose, citing precedents like People v. Hortelano and People v. Aquino. The victim’s detailed account of the use of a knife, tape, and threats of death convincingly established force and intimidation.
The Court dismissed the defense of alibi as weak and inherently unreliable, especially since it was not physically impossible for the accused to be at the crime scene. The delay in reporting was justified by the accused’s continuing threats against the victim’s life. The failure to conduct a paternity test was irrelevant to proving the rape itself. However, the death penalty was reduced to reclusion perpetua for each count, as the qualifying circumstance of relationship (uncle-niece) was not alleged in the informations. Civil indemnity was increased to P75,000.00 per count, for a total of P225,000.00.