G.R. No. 112529 January 18, 1995
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. GREGORIO CURA Y DALUSONG, accused-appellant.

FACTS

The accused-appellant, Gregorio Cura, was convicted of rape by the Regional Trial Court of Valenzuela and sentenced to reclusion perpetua. The victim was his ten-year-old stepdaughter, Jovelyn Alcantara. The prosecution evidence established that on the night of September 11, 1992, while Jovelyn, her mother Victoria, and Cura were sleeping in a one-room house, Cura moved on top of the sleeping Jovelyn. He pulled down her shorts and panty, poked a knife at her neck, and proceeded to insert his penis into her vagina. Jovelyn felt pain and was unable to shout for fear of being stabbed. Her mother, Victoria, awoke during the assault and witnessed Cura on top of her daughter. A struggle ensued, after which Victoria and Jovelyn fled and reported the crime.
The defense presented a contrary version, claiming the accusation arose from a marital quarrel. Cura testified that on the night in question, he had consensual intercourse with his wife, Victoria, in the same room. He alleged that Victoria became enraged upon discovering a picture of him with another woman, leading to a physical altercation. He denied ever molesting Jovelyn, arguing the rape was impossible given the room’s confines and the presence of the mother.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that accused-appellant Gregorio Cura committed the crime of rape against his minor stepdaughter.

RULING

The Supreme Court affirmed the conviction. The Court found the testimonies of the victim, Jovelyn, and her mother, Victoria, to be credible, straightforward, and consistent. Their detailed account of the sexual assault, including the use of a knife and the specific acts performed, was deemed natural and convincing. The Court emphasized that in rape cases, the credibility of the victim is paramount, especially when she is a minor of tender age. Jovelyn’s young age and her relationship to the accused as a stepfather made her accusation highly credible, as it is improbable for a child to fabricate a story that would bring shame to herself and her family.
The defense of denial and alibi was rejected for being inherently weak and uncorroborated. The Court held that the positive and categorical identification by the victim prevails over such a bare denial. The claim of impossibility due to the room’s size and the mother’s presence was also dismissed. The Court ruled that lust is no respecter of time and place, and the commission of rape is not rendered impossible by such circumstances, especially when the perpetrator employs intimidation with a deadly weapon. The trial court’s assessment of witness credibility was accorded great weight. Consequently, the penalty of reclusion perpetua was sustained, and the civil indemnity awarded to the victim was increased to P40,000.00 in light of the victim’s tender age and the abuse of parental authority.