GR 108615; (October, 2000) (Digest)
G.R. No. 108615; October 9, 2000
People of the Philippines, plaintiff-appellee, vs. Nilo Vedra, accused-appellant.
FACTS
The prosecution’s case established that on the evening of February 26, 1992, thirteen-year-old Gina Vedra was on her way home in Sibucawan, Initao, Misamis Oriental, when appellant Nilo Vedra, her paternal cousin, accosted her near a mango tree. He dragged her behind the tree, pointed a knife at her chest, and forcibly removed her panty. Despite her resistance, he succeeded in having carnal knowledge with her. After the act, he threatened to kill her if she reported the incident. Gina disclosed the rape to her parents days later, leading to a medical examination which revealed healed hymenal lacerations. The defense presented an alibi, claiming appellant was in Cagayan de Oro City during the incident. Appellant’s mother also testified that Gina later recanted her affidavit, but Gina, on rebuttal, stated she was tricked and locked in a room by appellant’s mother to pressure her into withdrawing the case.
ISSUE
Whether the trial court erred in convicting appellant of rape based on the credibility of the victim’s testimony despite alleged improbabilities.
RULING
The Supreme Court affirmed the conviction. The Court upheld the trial court’s assessment of Gina Vedra’s credibility, emphasizing that testimonies of child-victims of rape are given full weight and credit. The alleged improbability that rape could occur in a standing position was dismissed; the Court ruled that the specific position is inconsequential as long as carnal knowledge is proven. The presence of force and intimidation was sufficiently established by the victim’s detailed account of being dragged, threatened with a knife, and her subsequent fear, which explained her delayed reporting. The medical findings of healed lacerations corroborated her claim of recent sexual intercourse. The defense of alibi was weak and could not prevail over the positive identification by the victim. The Court modified the damages, increasing moral damages to P50,000 and awarding an additional P50,000 as civil indemnity, in accordance with prevailing jurisprudence. The penalty of reclusion perpetua was affirmed.