G.R. No. 102077 January 4, 1994
THE PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. NORBERTO ERROJO, accused-appellant.

FACTS

Accused Norberto Errojo was charged with two counts of rape committed on March 5 and 12, 1989, in Barangay Cudian, Ivisan, Capiz. The complainant, Anita Q. Arabia, was fourteen years and eight months old at the time. On March 5, 1989, while walking home, she was collared from behind by the accused, who poked a knife at her neck, pushed her to a forested area, and despite her questions, remained silent. He forced her to the ground, removed their clothing, and had carnal knowledge of her twice, threatening to kill her and her brothers if she told anyone. She noticed blood on her underwear afterward. On March 12, 1989, the accused again accosted her on her way home and raped her twice at knifepoint, repeating his threats. Fearing for her life and her brothers’, she did not disclose the incidents. Her pregnancy was discovered on November 16, 1989, during a medical examination for Citizens Military Training, at which point she informed her mother. She gave birth to a boy on December 11, 1989. The accused denied the charges, claiming he had transferred residence in August 1988 and presented an alibi for both dates, corroborated by Barangay Captain Crisanto Bista. The trial court found the accused guilty beyond reasonable doubt of two counts of rape and sentenced him to two penalties of reclusion perpetua and indemnification.

ISSUE

The sole issue on appeal is the credibility of the witnesses, specifically whether the prosecution’s evidence established the accused’s guilt for the crimes of rape beyond reasonable doubt.

RULING

The Supreme Court affirmed the trial court’s decision. The Court upheld the trial judge’s assessment of the complainant’s credibility, noting her sincerity and demeanor while testifying about the traumatic events. The Court ruled that the force and intimidation employed by the accused, a 41-year-old married man, against a 14-year-old barrio lass were sufficient to constitute rape, as the required force is relative and the sight of a knife would naturally evoke fear. The complainant’s failure to immediately report the rapes was satisfactorily explained by the accused’s threats against her and her brothers’ lives. The discovery of her advanced pregnancy, which prompted the disclosure, was a credible reason for the delay. The Court found the defense of alibi weak and not credible, as it was not physically impossible for the accused to be at the crime scene. While the information charged two offenses (duplicity), the accused’s failure to object before trial meant the court correctly convicted him for two counts of rape as charged and proven. The Supreme Court modified the decision, ordering the accused to acknowledge the filiation of the complainant’s offspring and to provide support, the amount to be determined by the trial court upon remand of the records.