GR 120579; (November, 1997) (Digest)
G.R. No. 120579 November 5, 1997
PEOPLE OF THE PHILIPPINES, plaintiff-appellee, vs. ALLAN ERESE y BALINGIT, accused-appellant.
FACTS
On August 8, 1992, in San Marcelino, Zambales, complainant Emelinda T. Luna, then 13 years old, was living in the house of accused-appellant Allan Erese, the common-law husband of her mother who was working abroad. After eating supper alone and drinking water given by appellant, she felt dizzy and lay down on a bed on the ground floor. When she woke up, she saw appellant, half-naked and holding a knife, on top of her. She recognized him from the light of a kerosene lamp. She pleaded and resisted by pushing and kicking, but appellant succeeded in having carnal knowledge of her. Afterwards, appellant called her brother, who also had carnal knowledge of her. She reported the incident to her aunt, who brought her to the police and later to the San Marcelino District Hospital for examination. Dr. Ricardo Eclarin found “Multiple healed laceration — hymen at 4:00-8:00 o’clock position.” An Information for rape was filed against appellant. The defense presented alibi and denial, claiming appellant was at a wake and then butchering a hog at a neighbor’s house during the alleged time of the incident.
ISSUE
Whether the trial court erred in finding accused-appellant guilty of rape beyond reasonable doubt.
RULING
The appeal is denied. The conviction is affirmed. The Supreme Court reiterated that the sole testimony of the complainant, if clear and credible, is sufficient to sustain a conviction for rape, and that alibi and denial cannot prevail over positive identification. The Court found the complainant’s testimony straightforward and credible, detailing how appellant used a knife and force to have carnal knowledge of her. The medical certificate corroborated her testimony. Appellant’s alibi was weak as it did not preclude his presence at the scene of the crime before going to his neighbor’s house, which was only four minutes away. The trial court’s decision is affirmed with modification: appellant is ordered to pay civil indemnity of P50,000.00 and moral damages of P30,000.00, plus costs.