G.R. No. 119074 -75 January 22, 1998
People of the Philippines, plaintiff-appellee, vs. Danilo Pacistol y Lim, defendant-appellant.

FACTS

Danilo Pacistol y Lim was accused in two separate complaints of raping 10-year-old Marilou H. Montalbo on July 2 and July 6, 1993. The victim lived with her grandparents in San Mateo, Rizal. On July 2, while the child was alone, the accused offered her candy, dragged her to a grassy area, and forcibly had sexual intercourse with her. Her grandmother later found her bloodstained garments. On July 6, the accused again followed and raped her, threatening her with death if she told anyone. The incidents were revealed to her grandparents on July 18, 1993, leading to a medical examination which concluded the child was in a non-virgin state. The accused was identified by the victim in a police line-up. The defense interposed denial and alibi, claiming he was elsewhere on both dates and that the accusation stemmed from a grudge due to an earlier incident involving his friends and a member of the victim’s religious group. The trial court found the accused guilty beyond reasonable doubt of two counts of rape.

ISSUE

The primary issue is whether the accused is guilty beyond reasonable doubt of two counts of rape.

RULING

The Supreme Court affirmed the decision of the trial court. The Court found the testimony of the 10-year-old victim credible, straightforward, and consistent. The defense of alibi was rejected as it was not physically impossible for the accused to be at the crime scene. The Court also noted that the victim’s failure to immediately report the crime was satisfactorily explained by her fear and the accused’s threats. Given the victim’s age, the crimes constituted statutory rape, where carnal knowledge of a woman below twelve years is sufficient, and force or intimidation need not be proved. The accused was sentenced to two penalties of reclusion perpetua. The civil indemnity was increased from P60,000.00 to P100,000.00, in line with prevailing jurisprudence.