G.R. No. 113518 January 25, 2000
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ESTEBAN ARLEE also known as “BOY ISING”, accused-appellant.

FACTS

The accused-appellant, Esteban Arlee, was convicted by the Regional Trial Court of rape and sentenced to reclusion perpetua. The complainant, Analyn Villanueva, a mental retardate with the mental capacity of an eight-year-old, alleged that in October 1991, Arlee, a neighbor, called her, pointed a knife at her, brought her to his house, and raped her multiple times. He threatened her not to report the incident. Analyn later became pregnant, and upon her mother’s inquiry, she identified Arlee as the perpetrator. Medical examination confirmed her pregnancy and old hymenal lacerations, with the doctor characterizing her as a mental retardate.
The defense interposed denial and alibi. Arlee claimed he had moved to a different address two kilometers away in May 1991, five months before the alleged rape, due to a misunderstanding with his common-law wife. This was corroborated by his wife and a barangay captain, who also testified that his former house was occupied by boarders at the time, making the crime impossible to commit there unnoticed. Arlee also appealed on the ground that he was denied a preliminary investigation because subpoenas were sent to his old address.

ISSUE

The primary issues were: (1) whether the accused was denied due process due to the alleged lack of preliminary investigation; and (2) whether his conviction for rape was supported by evidence beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. On the procedural issue, the Court ruled that the right to a preliminary investigation is not a fundamental right and can be waived. The accused-appellant, by actively participating in the trial without previously raising the issue in a motion to quash, was deemed to have waived any irregularity. The trial court correctly noted he evaded service by not updating his address with the prosecutor.
On the substantive issue, the Court upheld the trial court’s assessment of the victim’s credible testimony. The defense of alibi was rightly rejected for being inherently weak and insufficient to overcome the positive identification by the victim. Alibi requires proof of physical impossibility to be at the crime scene, which was not established, as the new residence was merely two kilometers away. The testimony of a mental retardate is given full credence when, as here, it is straightforward and consistent. The subsequent pregnancy corroborated her account. The Court modified the damages, awarding an additional P50,000.00 as moral damages and affirming the order for child support.