G.R. Nos. 101213-14 October 28, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. HENRY APILO, accused-appellant.

FACTS

Accused-appellant Henry Apilo was charged with two counts of rape committed on October 1 and 2, 1989, against Madonna Saldivar, an 11-year-old orphan. The prosecution established that on the night of October 1, while Madonna was staying at a classmate’s house in Baguio City, Apilo, armed with a gun, forced her into a room, made her undress, and had carnal knowledge of her. After Apilo, another individual, Victor Balisi, also raped her. The following night, October 2, Apilo again raped Madonna, this time threatening her with a knife, and was again followed by Victor Balisi who committed another rape.
The defense presented an alibi, claiming Apilo was elsewhere during the incidents, and attempted to impeach the complainant’s credibility by presenting her former teachers who testified to her alleged reputation for untruthfulness. The trial court convicted Apilo of both counts of rape and sentenced him to two penalties of reclusion perpetua, along with moral damages.

ISSUE

The core issue is whether the prosecution proved Apilo’s guilt for the two counts of rape beyond reasonable doubt, amidst challenges to the credibility of the complainant and the defense of alibi.

RULING

The Supreme Court affirmed the conviction. The Court found the testimony of the young victim to be credible, straightforward, and consistent. The defense of alibi was properly rejected as it was not physically impossible for Apilo to have been at the crime scene. The Court also held that the testimony of the defense witnesses regarding the complainant’s alleged reputation for lying was inadmissible, as character evidence must pertain to one’s moral character, not a specific trait for veracity, and such evidence is generally not admissible for the prosecution in criminal cases unless the accused first presents evidence of his good moral character. The Court further ruled that the failure of the prosecution to charge Victor Balisi, despite the victim’s clear testimony implicating him, did not exonerate Apilo. The guilt of an accused is determined by the evidence against him, not by the prosecution’s decision to charge or not charge another alleged co-conspirator. The imposable penalty was reclusion perpetua for each count, as the death penalty was not applicable at the time of the commission of the crime.