G.R. No. 116535 February 25, 1999.
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. BENJAMIN TABARANGAO y DAZA a.k.a. BEN TABARANGAO, accused-appellant.

FACTS

On July 26, 1991, at around 8:00 a.m., Analyn Abaño, then 15 years old, was washing clothes by a water pump in front of accused-appellant Benjamin Tabarangao’s house in Iriga City. Accused-appellant, a second cousin of Analyn’s mother whom she called “uncle,” suddenly grabbed her from behind, covered her mouth, and poked a knife at her neck. He dragged her about 15 meters to his house, boxed her in the stomach inside a room rendering her unconscious, and locked the door. When Analyn regained consciousness, she was lying undressed on the floor, felt pain all over her body especially in her genitalia, and saw accused-appellant standing in front of her laughing and toying with her underpants. He warned her not to tell anyone or he would kill her. Analyn went home, washed her private parts and noticed blood, but kept quiet out of fear. On October 9, 1992, at around 9:00 p.m., while Analyn was sleeping in her house, accused-appellant again entered her room, placed his hand on her mouth, poked a knife at her neck, kissed her, inserted a finger into her vagina, and removed her underpants. Analyn’s mother heard the commotion, switched on the light, and saw accused-appellant jump out of the window. Analyn then revealed the July 1991 incident to her parents. A medical examination on November 9, 1992, by Dr. Humilde Janaban revealed old hymenal lacerations, indicating she was no longer a virgin, likely from forcible sexual intercourse. The defense presented alibi, claiming accused-appellant was in his ricefield on July 26, 1991, and at a coconut kiln on October 9, 1992. The Regional Trial Court found accused-appellant guilty of Rape for the first incident and Attempted Rape for the second.

ISSUE

Whether the trial court erred in convicting accused-appellant of rape and attempted rape despite alleged insufficiency of evidence to prove his guilt beyond reasonable doubt.

RULING

The Supreme Court affirmed the conviction. On the charge of rape, the Court ruled that circumstantial evidence was sufficient for conviction under Rule 133, §5 of the Revised Rules on Evidence. The combination of circumstances—Analyn being grabbed and rendered unconscious, waking up undressed with pain and bleeding in her genitalia, and the medical findings of old hymenal lacerations—produced a conviction beyond reasonable doubt that carnal knowledge occurred while she was unconscious, citing analogous cases like People v. Abiera and People v. Ulili. The Court rejected the argument that direct evidence of penetration was required. On the charge of attempted rape, the Court found Analyn’s credible testimony, corroborated by her mother, sufficient to establish that accused-appellant commenced the commission of rape by overt acts (entering her room, poking a knife, kissing her, inserting a finger, and removing her underpants) but was interrupted by her mother’s intervention. The defense of alibi was rejected for being weak and uncorroborated, and for failing to prove it was physically impossible for accused-appellant to be at the crime scenes. The penalties imposed by the trial court were affirmed.