G.R. No. 107204 May 6, 1994
People of the Philippines, plaintiff-appellee, vs. Benito Salinas y Sillo, accused-appellant.

FACTS

The accused-appellant, Benito Salinas, a 25-year-old neighbor, was convicted of raping 13-year-old Merly Alonzo. The incident allegedly occurred around 2:30 a.m. on December 19, 1991, in Merly’s house in Pandacan, Manila. Merly testified that she was sleeping alone when she was awakened by Salinas, who was shirtless. He covered her mouth, pointed a fan knife at her neck, threatened her, removed his pants and briefs, and then removed her shorts and panty. He mashed her breasts, kissed her, and attempted to penetrate her vagina with his penis. She resisted by struggling, pulling his hair, and turning on her side to prevent full entry, feeling intense pain as only the head of the penis entered. After withdrawing, Salinas repeated his threat, put on his pants, and jumped from the terrace. Merly reported the incident to her brother two days later, and subsequently to her parents, who reported it to authorities. A medical examination by Dr. Ma. Cristina B. Freyra found no external signs of violence on Merly’s vagina and her hymen was intact, but the doctor stated penetration without hymenal tearing was possible. Salinas defended himself with an alibi, claiming he was sleeping at home when his sister Glenda returned from a party and later found him still sleeping at 4:00 a.m. He also suggested the charge was motivated by Merly’s earlier suspicion that he had peeped at her. The Regional Trial Court of Manila, presided by Judge Domingo D. Panis, found Salinas guilty beyond reasonable doubt of rape and sentenced him to reclusion perpetua, plus indemnity and moral damages.

ISSUE

Whether the trial court erred in convicting the accused-appellant of rape based on the credibility of the victim’s testimony despite claimed inconsistencies, lack of corroboration, absence of physical injury, and the defense of alibi.

RULING

The Supreme Court affirmed the conviction but modified the monetary award. The Court held that the trial court’s factual findings, including the credibility of the victim’s testimony, are generally respected. The defense failed to establish any exception to this rule. The Court rejected Salinas’s alibi as weak and uncorroborated except by his sister, and found it did not preclude his ability to commit the crime. The victim’s positive identification of Salinas, whom she had known since childhood and recognized by the light in her room, was deemed credible. The Court found that Merly did resist the attack by pushing, hair-pulling, and turning away, and her lack of outcry was due to the knife and intimidation. The intact hymen did not negate rape, as full penetration is not required; even the slightest penetration within the labia is sufficient for consummated rape. The minor inconsistencies in Merly’s testimony regarding time, duration, and distance were deemed natural and did not impair her essential veracity. The cases cited by the defense (People v. Villarin and People v. Dulay) were distinguished as involving amorous relationships, which were not present here. The Court found sufficient evidence to overcome the presumption of innocence and establish guilt beyond reasonable doubt. The appeal was dismissed, the decision affirmed, but the award of civil indemnity and moral damages was reduced to a total of P30,000.00.