GR 186460; (December, 2009) (Digest)
G.R. No. 186460 ; December 4, 2009
THE PEOPLE OF THE PHILIPPINES, Plaintiff-Appellee, vs. GUALBERTO CINCO y SOYOSA, Accused-Appellant.
FACTS
The accused-appellant, Gualberto Cinco, was charged with acts of lasciviousness and two counts of rape against AAA, his common-law wife’s niece, who was 14 years old at the time. The prosecution alleged that on November 1, 1998, and again in the latter part of November 1998, Cinco, armed with a knife, threatened and tied AAA before having carnal knowledge with her inside their Quezon City home. AAA initially reported only acts of lasciviousness to barangay officials, claiming she was threatened by Cinco’s siblings. She later confided the full rape incidents to her aunt and a social worker, leading to a medical examination which revealed healed hymenal lacerations consistent with prior penetration.
The defense interposed denial and alibi. Cinco claimed he was selling ice cream in Cubao during the alleged incidents. He also alleged that AAA fabricated the charges because he had caught her stealing money. The Regional Trial Court found Cinco guilty of two counts of simple rape, a decision affirmed by the Court of Appeals.
ISSUE
Whether the Court of Appeals erred in affirming the conviction of the accused-appellant for two counts of rape.
RULING
The Supreme Court denied the appeal and affirmed the conviction. The Court found AAA’s testimony to be credible, straightforward, and consistent on the material points of the rape incidents. The medical findings of healed hymenal lacerations corroborated her claim of prior sexual intercourse. The Court emphasized that the testimony of a rape victim, if credible, is sufficient to sustain a conviction. The defense of alibi was properly rejected as it was not physically impossible for Cinco to be at the crime scene, and it was inherently weak against the positive identification by the victim. The alleged ill-motive for fabrication was deemed insufficient to overturn the consistent and credible narrative of the minor victim. The failure of AAA to immediately disclose the full extent of the rape was reasonably explained by the threats made against her, which did not impair her credibility. Consequently, the elements of rape through force and intimidation were proven beyond reasonable doubt.