G.R. No. 179933 , April 16, 2009
People of the Philippines, Plaintiff-Appellee, vs. Joseph Fabito, Accused-Appellant.

FACTS

The prosecution charged Joseph Fabito, Froilan Paraan, and Tony Bauzon with the crime of rape committed against AAA, a 14-year-old minor, on December 8, 1999, in Barangay Ventinilla, Sta. Barbara, Pangasinan. The Information alleged conspiracy, with the use of force and intimidation. All accused pleaded not guilty. AAA testified that on the said date, after classes, she went to Tony’s house looking for her boyfriend, Froilan. She found the appellant, Froilan, and Tony drinking under a mango tree. Froilan offered her a glass of coke; after drinking it, she felt dizzy, fell asleep, and later woke up on a bed in a room on the second floor of Tony’s house. Her skirt was lifted and her panty removed. The appellant was on top of her, inserting his penis into her vagina, causing pain. Froilan and Tony were nearby, watching. She struggled, causing the appellant’s penis to withdraw. Froilan then pulled the appellant downstairs, after which she put on her panty and left. She did not shout due to fear. AAA admitted to having consumed liquor before school that day and to a prior non-consensual sexual experience when she was eight or nine years old in the U.S. BBB, AAA’s guardian, testified that AAA reported the rape to her on December 9, 1999, after which they reported it to the police on December 13 and had AAA medically examined on December 10. Dr. Mary Gwendolyn Luna’s medico-legal examination revealed old, healed hymenal lacerations and a negative finding for spermatozoa. The defense presented witnesses (Froilan, Tony, Jovito Idos, the appellant, and Trinidad Bauzon) who gave a different version: AAA arrived at Tony’s place already drunk in the afternoon of December 8; they all drank together; they escorted her out of the compound around 4:00 p.m. and parted ways; no rape occurred. Jovito, AAA’s teacher, testified that AAA had dropped out of school as of October 29, 1999. The RTC convicted the appellant but acquitted Froilan and Tony. The appellant appealed to the Court of Appeals, which affirmed the RTC decision.

ISSUE

Whether the Court of Appeals erred in affirming the conviction of the appellant for the crime of rape.

RULING

The Supreme Court denied the appeal and affirmed the appellant’s conviction. The Court held that the prosecution successfully proved the appellant’s guilt beyond reasonable doubt. AAA’s testimony was credible, straightforward, and consistent on material points, detailing how the appellant sexually assaulted her. The Court found no ill motive for AAA to falsely accuse the appellant. The defense of denial and alibi could not prevail over AAA’s positive identification. The medico-legal findings, while showing old lacerations, were consistent with AAA’s testimony of a prior sexual assault and did not negate the occurrence of the rape. The delay in reporting the incident was sufficiently explained by AAA’s fear and trauma. The Court found the elements of rape—carnal knowledge through force or intimidation—present. The penalty of reclusion perpetua was affirmed, and the appellant was ordered to pay civil indemnity, moral damages, and exemplary damages to AAA.