G.R. No. 97474 February 14, 1994
People of the Philippines, plaintiff-appellee, vs. Alberni Dupali, accused-appellant.

FACTS

Accused-appellant Alberni Dupali, a 35-year-old farmer, was charged with the rape of his sister-in-law, 32-year-old Victoria Apdon. The information alleged that on or about September 19, 1989, at 1:30 A.M., in Barangay Bagong Sikat, Narra, Palawan, the accused, armed with a bolo, by means of violence and intimidation, had carnal knowledge of the complainant against her will in her own house. The accused pleaded not guilty. The prosecution’s evidence established that the victim was sleeping with her children when the accused forcibly entered her house. He poked a bolo at her head, threatened to kill her and her children if she did not accede, and brought her outside where he kicked her, undressed her, and had sexual intercourse with her. Afterward, he warned her not to report the incident. The victim reported the rape to her mother and barangay officials the next day. A medical examination confirmed the loss of physical virginity but was negative for spermatozoa. The victim’s mother testified that the accused, armed with a bolo and drunk, came to her house asking for forgiveness for what he did to her daughter. The defense claimed the sexual intercourse was consensual, initiated by the victim, and that the charge was motivated by the victim’s desire to acquire the accused’s ricefield. The trial court convicted the accused of rape and sentenced him to reclusion perpetua, ordering him to indemnify the offended party P30,000.

ISSUE

Whether the trial court erred in convicting the accused based solely on the testimony of the complaining witness, thereby raising the issue of credibility.

RULING

The Supreme Court affirmed the conviction with modification. The trial court’s findings on credibility are accorded the highest degree of respect and will not be disturbed on appeal unless certain facts of value have been plainly overlooked. The Court found no reason to depart from this rule. The victim’s testimony was direct, positive, categorical, and consistent. Her failure to shout or offer tenacious resistance was justified by the accused’s act of poking a bolo at her head and threatening to kill her and her children. Her failure to immediately report to her brother was attributed to shock, fear, and her desire not to involve her siblings. The accused’s act of asking for forgiveness from the victim’s mother was indicative of guilt. The defense’s claim of consensual sex and improper motive for the charge was deemed incredible, as the victim, a simple woman with no previous intimate relationship with the accused, would not expose herself to public ridicule without cause. The Court also found that the accused, being a relative by affinity of the victim, violated the trust reposed in him, warranting an increase in civil indemnity. The judgment was AFFIRMED with the modification that the accused-appellant shall indemnify the offended party in the amount of P50,000.