G.R. No. 109138-39 April 27, 1998
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALBERTO GAORANA y ERAN, accused-appellant.

FACTS

On March 13, 1991, a Criminal Complaint was filed by Marivel J. Fuentes, assisted by her mother, charging Alberto Gaorana. After preliminary investigation, the prosecution charged him with two counts of rape. The Informations alleged that on March 5 and March 6, 1991, in Panabo, Davao, the accused, by means of force and intimidation and with the use of a hunting knife, had carnal knowledge of Marivel Fuentes against her will. The accused pleaded not guilty. The Regional Trial Court convicted him of two counts of rape and sentenced him to two terms of reclusion perpetua and ordered him to indemnify the victim P50,000. Hence, this appeal.
The prosecution’s version is that on March 5, 1991, Marivel Fuentes, then 15 years old, was instructed by Rowena Sanchez, the common-law wife of the accused, to go to their house. Upon arrival, the accused covered her mouth, pointed a knife at her, threatened to kill her, and then raped her. Rowena returned, saw the act, and was told by the accused to step out. The victim was released at 5:00 PM. The second rape occurred in the early morning of March 6, 1991, inside the victim’s house, where the accused again threatened her with a knife and raped her. The defense interposed alibi and denial. Rowena Gaorana testified that on March 5, the victim only borrowed and returned a pitcher, and they were sleeping during the alleged incidents. The accused testified he was sleeping with his wife at the times of the alleged crimes.

ISSUE

The main issues raised by the appellant are: (1) whether the trial court erred in finding the testimony of the complainant credible despite alleged inconsistencies; and (2) whether the trial court erred in finding the accused guilty beyond reasonable doubt despite the alleged weakness of the prosecution’s evidence.

RULING

The Supreme Court dismissed the appeal and affirmed the conviction with modifications. The Court ruled that the alleged inconsistencies in the complainant’s testimony were minor, harmless, and inconsequential. Such inconsistencies on trivial matters, like the length of time Rowena was away or the precise manner her dress was opened, do not impair credibility but may even indicate truthfulness. The positive and categorical testimony of the victim, a naive 15-year-old, who had no motive to falsely accuse the appellant, prevailed over the bare denial and alibi of the accused. The medical finding of a non-intact hymen corroborated her testimony. The Court found that the elements of rape—carnal knowledge through force or intimidation—were proven beyond reasonable doubt for both incidents. The aggravating circumstance of quasi-recidivism was not appreciated due to lack of proof that the accused was serving sentence at the time. The Court modified the award of civil indemnity to P50,000 for each count of rape, for a total of P100,000. The penalties of reclusion perpetua for each count were affirmed.