G.R. No. 116279; January 29, 1996
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ROGELIO CRISTOBAL, accused-appellant.

FACTS

On March 31, 1986, Cherry Tamayo, a pregnant married woman, was washing clothes alone at Bilala Creek in Maddela, Quirino. At midday, while she was about to bathe, the accused Rogelio Cristobal attacked her from behind, held her neck, and forcibly laid her down. She managed to run, but he caught her, punched her stomach twice, pressed her face into the water, and then dragged her away from the creek. In her weakened state, he succeeded in having carnal knowledge of her against her will. Afterward, he threatened to kill her if she reported the incident. Cherry immediately informed her husband, and they reported the crime to the police and had her medically examined. Dr. Mercedita Erni-Reta confirmed the presence of seminal fluid and lacerations consistent with recent sexual intercourse.
The defense presented an alibi, claiming Cristobal was plowing a field in Salay, San Agustin, Isabela, from 7:00 a.m. until after 2:00 p.m. on the day in question, having lunch and conversing with his employers, the Manzano spouses. He asserted it was physically impossible for him to be at the crime scene, which was approximately three kilometers away.

ISSUE

The core issue is whether the prosecution proved beyond reasonable doubt that Rogelio Cristobal committed the crime of rape, and whether his defense of alibi should prevail over the positive identification by the victim.

RULING

The Supreme Court affirmed the conviction. The Court emphasized that the victim’s positive identification of the accused as her assailant is entitled to greater weight than an alibi, especially when the alibi is not physically impossible. The defense failed to establish that Cristobal could not have been at the crime scene, as the distance of three kilometers was manageable and did not preclude his presence. The medical findings corroborated the victim’s testimony of recent sexual intercourse and force. The Court found the victim’s testimony to be credible, straightforward, and consistent, detailing the brutal assault despite her pregnant condition.
The defense of alibi is inherently weak and must be rejected when the accused is positively identified by the victim, and no ill motive is shown for such identification. The claim of being elsewhere was not substantiated by clear and convincing evidence to demonstrate absolute physical impossibility of being at the locus criminis. Consequently, the trial court’s judgment finding Cristobal guilty of rape was upheld. The Court modified the damages, increasing moral damages to P40,000.00 and awarding exemplary damages of P25,000.00 due to the aggravating circumstance of the victim’s pregnancy and the heinous nature of the crime.