GR 120916; (April, 1998) (Digest)
G.R. No. 120916 -17 & 120919 April 1, 1998
People of the Philippines, plaintiff-appellee, vs. Cornelio Villamin, accused-appellant.
FACTS
Maritess Gamido, a thirteen-year-old unschooled girl who had been abandoned by her parents and passed among relatives as a domestic helper, was brought to the house of Julita Villamin in Bgy. Ariston West, Asingan, Pangasinan, in September 1994. On three separate occasions—September 19, 20, and 21, 1994—she was raped by Cornelio Villamin, the husband of Julita, whom she called “Uncle Cornel.” The first and third incidents occurred while she was bathing in the bathroom, and the second while she was sleeping in her room. Accused-appellant was armed with a knife during the assaults, and Maritess did not resist due to fear. She eventually reported the rapes to her aunt Anita, leading to a barangay official-assisted complaint, a medical examination, and her placement under the care of DSWD social workers. Accused-appellant denied the allegations, claiming he was at his farm, located 1.5 kilometers away (a 30-minute travel time), during the alleged incidents. The trial court convicted him of three counts of rape.
ISSUE
Whether the trial court erred in finding accused-appellant Cornelio Villamin guilty beyond reasonable doubt of three counts of rape.
RULING
The trial court did not err. The Supreme Court affirmed the conviction. The alleged inconsistencies in the testimony of the complaining witness, Maritess Gamido, pertained only to minor details (such as exact dates and hours) and did not affect her credibility, especially considering she was a young, unschooled thirteen-year-old. Minor inconsistencies are expected from witnesses of tender age and do not detract from the substance of the crime. The Court accords highest respect to the trial court’s factual findings absent grave abuse of discretion. The alibi of accused-appellant was properly disregarded as his farm was not so distant as to make his presence at the crime scene impossible. However, the Court modified the civil indemnity, increasing it from P30,000.00 to P50,000.00 for each count of rape, for a total of P150,000.00. The penalty of reclusion perpetua for each count was affirmed.